British Virgin Islands: Insolvency/Bankruptcy

The BVI Commercial Court has delivered a landmark judgment addressing whether foreign judgments that remain unrecognised within the jurisdiction may properly found a statutory demand. The decision reconciles two seemingly conflicting precedents by drawing a crucial distinction between debts evidenced by foreign determinations and debts created solely by foreign judicial acts.

The BVI Commercial Court has clarified a longstanding practice regarding liquidator powers in compulsory winding-up orders, determining that court sanction requirements should not be automatically imposed. This judgment examines the statutory framework under the Insolvency Act 2003 and establishes that liquidators possess broad powers by default, with restrictions requiring case-specific justification rather than blanket application.

The British Virgin Islands Commercial Court has issued a significant ruling clarifying that liquidators should have broad powers to act without prior court approval, marking a departure from longstanding practice. Justice Mithani's decision in Jin Yao Holdings Ltd v Forever Winner International Ltd challenges the routine inclusion of sanction requirements in liquidation orders, restoring flexibility to insolvency practitioners while maintaining appropriate judicial oversight.

In IKON Shina Ltd v Smyshliaeva [BVIHCMAP2022/0073], the Eastern Caribbean Court of Appeal allowed an appeal against the Commercial Court's refusal to make amounts...

In the recent decision of Byers & Richardson v Chen Ningning (BVIHCMAP2024/0009) ("Byers"), the Eastern Caribbean Court of Appeal ("COA") considered the scope of the director's duty to creditors when a company...

This Q&A guide to restructuring and insolvency law in the British Virgin Islands gives a high level overview of the most common forms of security granted over immovable and movable property; creditors' and shareholders...

On 19 June 2024, the Judicial Committee of the Privy Council handed down its judgment in Sian Participation Corp (In Liquidation) v Halimeda International Ltd...

In Sian Participation Corp v Halimeda International Ltd [2024] UKPC 16, a Privy Council Board comprising Lords Briggs, Hamblen, Burrows, Reed and Lloyd-Jones considered the issue of whether insolvency proceedings...

The British Virgin Islands (BVI) offers a flexible regime for aircraft financing structures. Typically these will involve the incorporation of a special purpose vehicle (SPV) which will hold the title to the aircraft.