PRACTICE NOTES
Introduction
This Practice Note aims to present a succinct outline of the arbitration environment in the Territory of the Virgin Islands (the ‘BVI’). For background purposes, the BVI is a British Overseas Territory. It possesses its own constitution (the Virgin Islands Constitution Order 2007, which superseded the Virgin Islands Constitution Order 1976), its own legislature, which is responsible for enacting laws, and its own distinct system of government. UK law forms part of BVI law where it is expressly received into local law or where it constitutes an element of the common law (Common Law Declaration of Application Act (Cap 13), section 2). Note: the cases mentioned below are reported by LexisNexis®
The legislative framework
The BVI’s first arbitration statute was the Arbitration Act 1976 (the ‘1976 Act’). The 1976 Act was not amended or updated following its original enactment and remained
Arbitration