Christopher Pease

Jan 29, 2025 | mondaq.com | Christopher Pease

The BVI has significantly developed and promoted its role ininternational arbitration in the last decade. The BVI Arbitration Act 2013(the Act), which is modelled on theUNCITRAL Model Law, came into force in 2014, shortly after theterritory joined the New York Convention on the Recognition andEnforcement of Foreign Arbitral Awards(the Convention). In 2016 the BVIInternational Arbitration Centre opened its doors with its rulesbased on 2010 UNCITRAL Arbitration Rules.

Jan 29, 2025 | mondaq.com | Christopher Pease

There has been a significant increase in the number of lendersenforcing against secured assets in the BVI, which has entailed anuptick in the appointment of out-of-court receivers. This guidehighlights the types of disputes arising out of suchappointments. As many offshore companies operate as holding vehicles, securityis often granted by way of share mortgage.

Mar 28, 2024 | mondaq.com | Claire Goldstein |Christopher Pease

How do litigants mitigate the risk of their confidential information becoming public during proceedings in the British Virgin Islands? The Eastern Caribbean Civil Procedure Rules, 2000 (as amended) (EC CPR) apply to proceedings before the BVI Supreme Court. The EC CPR is the primary source of the tools for preserving confidentiality in BVI proceedings.

Mar 21, 2024 | mondaq.com | Claire Goldstein |Christopher Pease

We have created this guide to cover frequently asked questions on how to get an injunction in the British Virgin Islands. An injunction is a court order prohibiting a person from doing something (a prohibitory Injunction) or requiring a person to do something (a mandatory Injunction). Specific injunctions include search orders, Norwich Pharmacal (disclosure) orders and freezing orders (or Mareva injunctions). Injunctions can either be final or interlocutory.

Mar 14, 2024 | mondaq.com | Claire Goldstein |Christopher Pease

How to enforce Security in the BVI out of court will depend on your Security type. For this guide, we focus on the out-of-court enforcement of Security granted over shares in a company. The BVI Business Companies Act 2004 (as amended) (the Act) allows Security to be created over shares (the Shares) in a BVI company (a Company). This can be done by either a legal mortgage, equitable mortgage, or charge.