Conyers Dill & Pearman
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4 Contributions by Conyers Dill & Pearman Experts
PRACTICE NOTES
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
Arbitration
PRACTICE NOTES
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The Arbitration Act 2013 superseded the Arbitration Ordinance 1976 (the old Act) and constitutes a modern arbitration statute.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
Arbitration
PRACTICE NOTES
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
Arbitration
PRACTICE NOTES
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
Arbitration
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