Jurisdiction(s):
United Kingdom

Key definition

Establishment definition

What does Establishment mean? In cross‑border insolvency practice, an “establishment” is a debtor’s place of operations in a state where it conducts a stable, non‑transitory economic activity using people and assets. The concept is used to justify secondary (EU) or non‑main (Model Law) proceedings alongside main proceedings at the debtor’s centre of main interests (COMI). It is a defined term in Regulation (EU) 2015/848 (the recast Insolvency Regulation) and in the UNCITRAL Model Law on Cross‑Border Insolvency (implemented in Great Britain by the Cross‑Border Insolvency Regulations 2006 and in Northern Ireland by the 2007 Regulations). In both regimes, it requires more than a...

Arbitration in the British Virgin Islands: tribunal jurisdiction challenges, stays versus anti-suit injunctions, and insolvency petition implications under the Arbitration Act 2013

Published by a LexisNexis Arbitration expert

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 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...

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Tameka Davis , LLB, LLM, MCIArb

Conyers Dill & Pearman

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...

Web page updated on 21/05/2026

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