Mondaq All Regions - British Virgin Islands: Litigation, Mediation & Arbitration
Walkers
The BVI Court has recently clarified the scope of the Norwich Pharmacal jurisdiction set out in UVW v XYZ.
Appleby
The application for permission to cross-examine the Respondent was duly issued.
Maples and Calder
In this case, the applicant, Mr Yegiazaryan, had made an application for security for costs with respect to Mr Garkusha's appeal against the dismissal of his claim.
O'Neal Webster
There is no dispute that the 2017 hard-opening of the new 'state of the art' British Virgin Islands International Arbitration Centre signals the BVI's intent to become the leading arbitral and dispute...
Conyers Dill & Pearman
In the second of two articles evaluating the BVI courts' recent approach to the recovery of foreign lawyers' fees under adverse costs orders in commercial litigation, Tameka Davis, counsel at Conyers, Dill & Pearman in the British Virgin Islands, ...
Harneys
This case, decided in March 2017, represents a fundamental protection for those who invest in or hold interests in the BVI.
Walkers
In an unreported Judgment, Justice Kaye QC reaffirmed the principles by which the Court would order Norwich Pharmacal relief.
Walkers
The Court of Appeal has held that a misinterpretation of the law and a miscalculation of statutory time limits does not justify a relief from sanction.
Conyers Dill & Pearman
In the British Virgin Islands (BVI), commercial or other high-value litigation, invariably enjoy cross-border characteristics.
Conyers Dill & Pearman
This important decision by the Eastern Caribbean Court of Appeal in BVIHCMAP 2016/0031 John Shrimpton and Another -v- Dominic Scriven and Others on recoverability of foreign lawyers' fees, . . .
Walkers
Disputes between companies engaging in international business in both onshore and offshore jurisdictions are commonplace.
Harneys
The BVI has a full suite of modern legislation and rules to push the jurisdiction forward as a center for arbitration.
Harneys
Harneys is pleased to report three judicial appointments to the BVI Commercial Court which are designed to increase the capacity of the Court in 2017.
Conyers Dill & Pearman
Can a party who is only (at best) beneficially interested in shares in a BVI company maintain an action for unfair prejudice?
Conyers Dill & Pearman
The BVI Court of Appeal has recently given further guidance on the application of the established principles of forum non conveniens in the context of a claim brought in tort against certain BVI incorporated companies.
Carey Olsen
The BVI Commercial Court has confirmed that it has jurisdiction to order third parties to provide disclosure on Norwich Pharmacal principles in order to assist with the enforcement of judgments.
Conyers Dill & Pearman
Last week the Eastern Caribbean Court of Appeal dismissed an appeal brought by Olive Group in a welcome underlining of when a Court can interfere in the appraisal mechanism and its role in determining minority discount.
Carey Olsen
In the October 2016 edition of our dispute resolution and insolvency bulletin we will be focusing on six recent cases from the BVI Court of Appeal and BVI Commercial Court.
Ogier
Recently in the BVI the recoverability of the fees of foreign lawyers from opposing parties has been the subject of both judicial and legislative concern.
Harneys
In the recent decision of Garkusha v Yegiazaryan and Ors the Court of Appeal created some doubt as to the recoverability and legality of foreign lawyers working on matters being litigated before the Courts in the BVI.
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Withers LLP
First, there have been amendments to the BVI Business Companies Act, 2004 ('BCA') which provide for the filing for registration by the Registrar of Corporate Affairs ('Registrar') of copies of a company's register of members and register of directors.
Appleby
The application for permission to cross-examine the Respondent was duly issued.
Maples and Calder
In this case, the applicant, Mr Yegiazaryan, had made an application for security for costs with respect to Mr Garkusha's appeal against the dismissal of his claim.
Harneys
The British Virgin Islands (BVI) Court tightens up on creditors raising spurious disputes and relying on arbitration clauses to avoid insolvency
Harneys
In the recent decision of Garkusha v Yegiazaryan and Ors the Court of Appeal created some doubt as to the recoverability and legality of foreign lawyers working on matters being litigated before the Courts in the BVI.
Walkers
The Court of Appeal has held that a misinterpretation of the law and a miscalculation of statutory time limits does not justify a relief from sanction.
Conyers Dill & Pearman
In the second of two articles evaluating the BVI courts' recent approach to the recovery of foreign lawyers' fees under adverse costs orders in commercial litigation, Tameka Davis, counsel at Conyers, Dill & Pearman in the British Virgin Islands, ...
Conyers Dill & Pearman
The BVI Court of Appeal has recently given further guidance on the application of the established principles of forum non conveniens in the context of a claim brought in tort against certain BVI incorporated companies.
Conyers Dill & Pearman
Can a party who is only (at best) beneficially interested in shares in a BVI company maintain an action for unfair prejudice?
Mourant Ozannes
Two recent decisions of the BVI Court of Appeal, concerning the interplay between s.6(2) of the 1976 Arbitration Ordinance and the Insolvency Act 2003, serve to highlight why the old Arbitration Ordinance has benefitted from revision.
Mourant Ozannes
Enforcement of foreign money judgments is relatively straightforward and will follow one of two procedures, depending upon the country where the original judgment was obtained.
Harneys
Disclosure orders constitute a very powerful weapon for the tracking down and recovery of assets.
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