British Virgin Islands: Litigation, Mediation & Arbitration

The BVI Commercial Court has issued conflicting first instance decisions on whether liquidation orders should restrict liquidators' powers to act without court sanction. Two recent judgments—Guangzhou Leyi Investment Development Co., Ltd. v SZE Ming Limited and Jin Yao Holdings Ltd v Forever Winner International Ltd—adopt fundamentally different approaches to the "discretionary sanction regime" under section 186(3) of the BVI Insolvency Act 2003, creating uncertainty for practitioners and liquid

Corporate applications ('CAs') are formal proceedings (such as winding-up petitions and unfair prejudice claims) filed pursuant to specific legislation in order to resolve corporate disputes or compel action involving or relating to a company.

In an article for STEP Journal, Alex Hall Taylor KC and Tyrone Bailey examine how recent amendments to the Civil Procedure Rules in the British Virgin Islands shape whether trust and estate proceedings...

The BVI Commercial Court has issued conflicting first instance decisions on whether liquidation orders should restrict liquidators' powers to act without court sanction. Two recent judgments—Guangzhou Leyi Investment Development Co., Ltd. v SZE Ming Limited and Jin Yao Holdings Ltd v Forever Winner International Ltd—adopt fundamentally different approaches to the "discretionary sanction regime" under section 186(3) of the BVI Insolvency Act 2003, creating uncertainty for practitioners and liquid

Recent amendments to the Civil Procedure Rules in the British Virgin Islands have introduced a clearer procedural framework for determining whether trust and estate proceedings should be heard publicly or privately. This development marks a significant shift in BVI trust and estate practice, particularly given the jurisdiction's historical approach to confidentiality in such sensitive matters.

The English Commercial Court has ruled that documents created during a litigation funder's pre-funding investigation do not attract litigation privilege, and that such documents may be within the control of claimants whose solicitors were previously engaged by the funder. This decision has significant implications for how litigation funders structure their retainer arrangements and manage confidentiality during the investigatory phase of potential claims.

The British Virgin Islands (BVI) legal system is based on a combination of English common law and equitable principles, local enactments and English statutes which have been incorporated...

Recent amendments to the Civil Procedure Rules in the British Virgin Islands have introduced a clearer procedural framework for determining whether trust and estate proceedings should be heard publicly or privately. This development marks a significant shift in BVI trust and estate practice, particularly given the jurisdiction's historical approach to confidentiality in such sensitive matters.

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.

Recent amendments to the Civil Procedure Rules in the British Virgin Islands have introduced a clearer procedural framework for determining whether trust and estate proceedings should be heard publicly or privately. This development marks a significant shift in BVI trust and estate practice, particularly given the jurisdiction's historical approach to confidentiality in such sensitive matters.

In an article for STEP Journal, Alex Hall Taylor KC and Tyrone Bailey examine how recent amendments to the Civil Procedure Rules in the British Virgin Islands shape whether trust and estate proceedings...

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.