Jurisdiction(s):
United Kingdom

Key definition

Commercial arbitration definition

What does Commercial arbitration mean? The resolution of business disputes by private arbitration arising out of commercial transactions, such as sale of goods, construction, shipping, energy, finance or technology contracts. It is usually between companies or other private parties, but can include states or state‑owned entities when acting in a commercial capacity. The term is descriptive rather than a defined statutory category. In England & Wales and Northern Ireland, commercial arbitration is governed by the Arbitration Act 1996; in Scotland by the Arbitration (Scotland) Act 2010; and in Ireland by the Arbitration Act 2010, which gives the UNCITRAL Model Law the force of...

Interim relief in arbitration under the BVI Arbitration Act 2013: tribunal and court powers, emergency arbitrators, cross-border support, and enforcement of interim measures

Published by a LexisNexis Arbitration expert

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 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...

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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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