Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Arbitration definition

What does Arbitration mean? Arbitration is a private process where parties resolve disputes by one or more arbitrators who issue a final, binding award instead of a court judgment. It is consensual, usually agreed by an arbitration clause, and the law of the seat governs the procedure (lex arbitri). In England and Wales and Northern Ireland, the Arbitration Act 1996 applies. Courts stay court proceedings in favour of arbitration, provide support, and enforce awards; challenges are limited to lack of jurisdiction (s.67), serious irregularity (s.68) and, unless excluded, appeal on a point of law (s.69). In Scotland, the Arbitration (Scotland) Act 2010 provides a similar...

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

Published by a LexisNexis Arbitration expert

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 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...

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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 22/05/2026

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