Tameka Davis , LLB, LLM, MCIArb
Tameka Davis is Counsel in the litigation department of Conyers Dill & Pearman in the British Virgin Islands.
Tameka’s practice covers company and commercial law almost exclusively involving a cross-jurisdictional dimension, with particular focus on international insolvency, asset tracing claims and interim urgent relief. She has advised extensively on the reciprocal enforcement of foreign judgments and awards and assistance injunctive relief in the British Virgin Islands.
Tameka has been involved in a number of multi-million and billion dollar claims of immense complexity, invariably including elements of fraud, and significant developing jurisprudence in relation to the scope of norwich pharmacal disclosure orders and the incident of a liquidator's remuneration fees where his appointment has been subsequently set aside. She is particularly apt at navigating the Eastern Caribbean Civil Procedure Rules.
Tameka has been recognized globally in the 2014 edition (and since 2012) in Legal 500 Caribbean for Dispute Resolution.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2003
Membership
- Member, BVI Bar Association
- Member, Restructuring & Insolvency Specialists Association (BVI)
- Member, Chartered Institute of Arbitrators
- Member and Acting Director, Womens Offshore Network
Qualifications
- British Virgin Islands, Barrister, 2009
- Anguilla, Barrister and Solicitor-at-Law, 2005
- England & Wales, Barrister, 2003 (not currently practising)
Education
- University of London, LLM (specialising in Company and Commercial Law)
- Advanced Certificate in International Arbitration, 2013
- Norman Manley School of Law, Legal Education Certificate (LEC), 2005
- BPP School of Law, Bar Vocational Course (BVC), 2003
- Holborn College, LL.B (Hons), Award for Best Average, 2002
- Lincoln's Inn Sir Thomas More Scholarship (2002)
- University of the West Indies Faculty of Arts and Humanities Award for Outstanding Performance (1999)
- United World College, Norway, Academic Scholarship
4 Contributions by Tameka Davis
PRACTICE NOTES
Arbitration in the British Virgin Islands: tribunal jurisdiction challenges, stays versus anti-suit injunctions, and insolvency petition implications under the Arbitration Act 2013
Arbitration in the BVI
The BVI Arbitration Act 2013 (BVI Act), in force from 1 October 2014, is the principal legislation governing arbitration in the BVI. An important element of the Act was the creation of the BVI International Arbitration Centre (BVI IAC). Although the BVI government remains committed to ensuring that, through the IAC, the BVI becomes a viable and notable participant in international arbitrations, there are still comparatively few reported cases in which the BVI is chosen as the seat of the dispute, although such instances are gradually increasing. As a result, BVI jurisprudence concerning its supervisory role, including any challenge to the arbitral tribunal, is limited and will remain so for the immediate future. Nevertheless, the BVI Court is frequently asked to assist foreign arbitrations, to stay proceedings commenced in this jurisdiction in favour of arbitration, or to act as the enforcing court for a foreign arbitral award, and consequently there exists a not insignificant body of case law on these topics. In relation to the court’s power to stay an action in particular, that subject is addressed in greater detail below...
Arbitration
PRACTICE NOTES
Enforcement of Arbitral Awards in the BVI under the Arbitration Act 2013: Convention and Non-Convention Awards, Defences, Procedure, and 2023 ECSC Reforms
This Practice Note examines the recognition and enforcement of arbitral awards in the British Virgin Islands (BVI).
The Arbitration Act 2013—an introduction to recognition and enforcement of arbitral awards in the BVI
On 1 October 2014, the Arbitration Act 2013 (the Arbitration Act 2013) took legal effect in the BVI.
The Arbitration Act 2013 superseded the Arbitration Ordinance 1976 (the old Act) and constitutes a modern arbitration statute.
The Arbitration Act 2013 was crafted to address the deficiencies of the old Act.
It adopted the UNCITRAL Model Law, with certain limited amendments and supplementary provisions.
As one would anticipate of legislation rooted in comity, the Arbitration Act 2013 expressly stipulates that, when interpreting its provisions, the courts must take account of its international origin and the necessity of promoting both uniformity in its application, and the consistent observance of good faith.
As a further complement to the implementation of the Arbitration Act 2013, on 25 May 2014 the UK—after liaising with the Governor’s Office and the Foreign and Commonwealth Office—also formally extended the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York 1958 (the New York Convention), to the BVI.
The Arbitration Act 2013 accords with the...
Arbitration
PRACTICE NOTES
Interim relief in arbitration under the BVI Arbitration Act 2013: tribunal and court powers, emergency arbitrators, cross-border support, and enforcement of interim measures
The importance of interim measures
A party engaged in international commercial arbitration may require interim relief to preserve the status quo or otherwise safeguard its position. Such protection can be essential at any point in the arbitral proceedings. Although a core tenet of international arbitration is that parties should avoid conduct that could prejudice enforcement of the final award or inflame or prolong the dispute, that principle offers little reassurance to an applicant confronting a respondent determined to act, before, during, or after the arbitration, in a manner ultimately harmful to the applicant. Hence, the authority of courts and tribunals to order interim protective measures in support of arbitration is of fundamental significance. The British Virgin Islands (BVI) Arbitration Act 2013 (the BVI Act) sets out a coherent framework for granting interim measures, empowering both arbitrators and the court to implement the necessary steps. The BVI Act substantially mirrors article 17 of the UNCITRAL Model Law on International Commercial Arbitration (the Model Law), albeit with notable departures—see Practice Note: Enforcing arbitral awards in the British Virgin Islands. In essence, interim protection at all stages preserves the status quo, deters prejudicial acts, and prevents escalation that would extend the dispute further...
Arbitration
PRACTICE NOTES
State Immunity and Arbitration in the British Virgin Islands: Jurisdiction and Enforcement Immunity, SIA 1978 Exceptions, BVI Arbitration Act 2013, Non-state Entities, and ICSID Award Recognition and Enforcement
This Practice Note examines the place of state immunity in connection with arbitration proceedings in the British Virgin Islands (BVI), and its interaction with arbitral processes.
For an overview of state immunity and arbitration, see Practice Note: State immunity and arbitration—general considerations. In addition, for Practice Notes on state immunity across jurisdictions around the world (including England and Wales), see our ‘State immunity’ subtopic: State immunity and arbitration—overview.
Introduction and background
This Practice Note explores the subtle yet significant topic of state immunity in the BVI within the sphere of commercial arbitration agreements.
When a state or a state-owned body joins a commercial contract, the private counterparty will invariably wish to be confident that any dispute between them and any resulting award against that entity can be properly enforced.
This concern is particularly acute where the state may assert ‘state immunity’ in order to circumvent obligations and insulate assets from enforcement.
State immunity is often invoked in the context of jurisdiction and enforcement issues.
As to jurisdiction, the central question is frequently whether the supervisory court at the seat of the arbitration, or the tribunal itself, has authority to resolve the dispute. State immunity is typically relied upon in...
Arbitration
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