ARTICLE
20 September 2023

BVI Commercial Court Grants Urgent Proprietary Injunction Over Crypto Assets

W
Walkers

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We are a leading international law and professional services firm providing legal, corporate and fiduciary services to global corporations, financial institutions, capital market participants and investment fund managers. With a global presence spanning the Americas, Europe, the Middle East and Asia, we advise on the laws of Bermuda, the British Virgin Islands, the Cayman Islands, Guernsey, Ireland and Jersey. With over sixty years of looking at the world through the same commercial lens as our clients means we deliver focused, clear, precise advice to get the deal done. Clients trust us to help them make good business decisions, create commercially sound products and strategies, resolve disputes and cement deals that are profitable. From offices across geographies, we deliver business-critical advice and service in the same time zones as our clients, covering asset management, investment funds, corporate, M&A, dispute resolution, finance, insurance, fintech, private capital and trusts, regulatory and more
In a dispute involving the issuance and vesting of cryptocurrency tokens our team of experts recently sought and obtained a proprietary injunction...
British Virgin Islands Insolvency/Bankruptcy/Re-Structuring
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In a dispute involving the issuance and vesting of cryptocurrency tokens our team of experts recently sought and obtained a proprietary injunction restraining the respondent from dealing with or disposing of a number of crypto tokens pending the determination of the dispute.

In granting the order the BVI Court has followed established BVI authority in Chainswap1 and Torque Group2 that fungible tokens are to be treated as property, and demonstrated that it will move swiftly and on short notice to protect assets that are deemed to be at risk.

Murray Laing, partner in our BVI insolvency and dispute resolution team commented: "this is a welcome outcome for stakeholders dealing with a BVI company's digital assets".

Walkers are regularly instructed on high-value cross-border disputes and were able to deploy resources from different jurisdictions and time zones over a short period of time in order to successfully obtain the relief sought. If you or your clients require urgent assistance in the order to protect assets held by a BVI company, please do not hesitate to get in touch.

Footnotes

1. BVIHC(COM)2022/0031

2. BVIHC9COM)2021/0031

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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