British Virgin Islands: Litigation, Mediation & Arbitration

Together, they explore how offshore asset recovery is evolving. In this insightful conversation, Mark and Edward discuss fraud trends, judicial developments, and why the BVI continues to stand out...

On April 15, 2024, the Eastern Caribbean Supreme Court (Territory of the Virgin Islands) ("the BVI Court"), held that even partial arbitral awards can be final and binding.

This guide explores the latest legislative, regulatory and enforcement developments in the British Virgin Islands and provides expert analysis on industry-wide topics including the local legal framework, the main stages of a fraud case, parallel proceedings, cross-jurisdictional mechanisms, recent developments, technology and other impacting factors.

On 17 February 2025, the BVI Court recognised a Committee, appointed by the Hong Kong Court of First Instance, with responsibility over the financial affairs of a family member who lacks capacity and has movable assets in the BVI.

Historically receiverships were viewed as a draconian remedy of last resort. Today, however, receivers are appointed to address a wide range of legal circumstances.

Jurisdictions in which the ultimate avenue for appeal lies to the Judicial Committee of the Privy Council (the "Board" or "Privy Council") have different local statutory and procedural rules...

Fraud and insolvency can be vexing. However, there are a number of tools available to an insolvency professional who is faced with an insolvent estate that has been made the victim of grand malfeasance or fraud.

With the development of the BVI as an offshore financial centre ('OFC') in the early 1980s many companies have decided to establish domicile in the jurisdiction.

At an appropriate stage in an investigation, consideration ought to be given to administering a polygraph examination of the principal target or other primary witnesses.

A recent judgment handed down by Mithani J in the Commercial Division of the High Court, in the Eastern Caribbean Supreme Court in ATH v UGX, THA & Ors provides...

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...

Together, they explore how offshore asset recovery is evolving. In this insightful conversation, Mark and Edward discuss fraud trends, judicial developments, and why the BVI continues to stand out...