Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    BVI litigation update - case notes
    2009-06-23

    In recognition of the new BVI Commercial Court, Harneys is publishing quarterly Commercial Court case notes which summarise some of the more important judgments delivered by the Court.

    Appropriation

    Filed under:
    British Virgin Islands, Company & Commercial, Insolvency & Restructuring, Litigation, Harneys, Share (finance), Ex parte, Liquidator (law), Court of Appeal of England & Wales, Commercial Court (England and Wales)
    Authors:
    Phillip Kite
    Location:
    British Virgin Islands
    Firm:
    Harneys
    Finding the centre: COMI in a multi-jurisdictional world
    2009-09-30

    The facts behind Mr. Justice Lewison’s recent judgment in Stanford (STANFORD INTERNATIONAL BANK LIMITED [2009] EWHC 1441 (Ch)) have no direct connection with either the British Virgin or Cayman Islands but lawyers there do have particular reason to note the more general principles around the seemingly vexed but important issue of COMI in the context of multi-jurisdictional insolvency.

    Filed under:
    British Virgin Islands, Cayman Islands, United Kingdom, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Harneys, Debtor, Interest, Legal burden of proof, Uniform Act, High Court of Justice (England & Wales)
    Authors:
    Peter Tarn
    Location:
    British Virgin Islands, Cayman Islands, United Kingdom
    Firm:
    Harneys
    Cross-border insolvency and ancillary relief
    2014-03-11

    The UNCITRAL Model Law on Cross-Border Insolvency is designed to supplement States' insolvency laws with a framework to address cross-border insolvency proceedings.

    Filed under:
    Australia, British Virgin Islands, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Clayton Utz, Debtor, Liquidation, UNCITRAL
    Authors:
    Matthew Wilson
    Location:
    Australia, British Virgin Islands
    Firm:
    Clayton Utz
    Examinations by foreign representatives in cross border insolvency
    2013-11-08

    The Federal Court decision of Crumpler (as liquidator and joint representative) of Global Tradewaves Ltd (a company registered in the British Virgin Islands) v Global Tradewaves (in liquidation), in the matter of Global Tradewaves Ltd (in liquidation)[2013] FCA 1127 provides an illustrative example of the way that cross border insolvency recognition can be used to aid a foreign administration.

    Facts

    Filed under:
    Australia, British Virgin Islands, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Liquidation
    Authors:
    David Abernethy , Sam Delaney , Michael Kimmins , Kirsty Sutherland
    Location:
    Australia, British Virgin Islands
    Firm:
    Corrs Chambers Westgarth
    リストラクチャリングおよび清算の各法域ガイド:BVI
    2024-08-02

    国内手続

    Filed under:
    British Virgin Islands, Japan, Insolvency & Restructuring, Ogier
    Authors:
    Brian Lacy , Nicholas Brookes , Anthony Oakes
    Location:
    British Virgin Islands, Japan
    Firm:
    Ogier
    The Effect of Subordination Agreements in the Event of Insolvency
    2024-04-17

    Is it possible for a debtor company to issue debt (such as bonds) and contractually agree for that debt to rank lower in priority than debts owed by a company to other unsecured creditors? This article examines the commercial uses of subordinated debt agreements, and considers how courts in the offshore jurisdictions of the British Virgin Islands, the Cayman Islands and Bermuda would treat a subordinated debt agreement in a winding-up.

    Filed under:
    Bermuda, British Virgin Islands, Cayman Islands, Hong Kong, Insolvency & Restructuring, Litigation, Conyers, Insolvency, House of Lords
    Authors:
    Anna Lin
    Location:
    Bermuda, British Virgin Islands, Cayman Islands, Hong Kong
    Firm:
    Conyers
    Are you a person aggrieved? Critical features to be aware of in contesting decisions of liquidators and trustees in bankruptcy.
    2023-08-31

    A recent judgment of the United Kingdom Supreme Court in Brake & Anor v The Chedington Court Estate Ltd [2023] UKSC 29 (10 August 2023) is likely to be a welcome decision for liquidators and trustees in bankruptcy in setting clear boundaries as to who has standing to challenge their decision-making in corporate or personal insolvency contexts.

    Filed under:
    Bermuda, British Virgin Islands, Cayman Islands, Hong Kong, Insolvency & Restructuring, Litigation, Carey Olsen
    Authors:
    Jeremy Lightfoot , Matthew Watson
    Location:
    Bermuda, British Virgin Islands, Cayman Islands, Hong Kong
    Firm:
    Carey Olsen
    Three Arrows Capital Co-Founder Avoids Contempt and Sanctions in United States, But Bankruptcy Court Previews Worldwide Enforcement Options
    2023-08-25

    On June 27, 2022, Three Arrows Capital (“3AC”), a crypto hedge fund, commenced liquidation proceedings in the British Virgin Islands and thereafter filed recognition proceedings in, among other countries, the United States and Singapore.

    Filed under:
    British Virgin Islands, Global, USA, New York, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Squire Patton Boggs, Bankruptcy, Cryptoassets
    Authors:
    Kyle F. Arendsen
    Location:
    British Virgin Islands, Global, USA
    Firm:
    Squire Patton Boggs
    Litigation funding in British Virgin Islands liquidations: practical guidance for liquidators
    2023-06-05

    Currently, the British Virgin Islands has no legislative framework for regulating third party litigation funding. Until recently, the absence of such a framework led many to believe that the rules against maintenance and champerty still operated so as in practice to prevent litigants from raising funds from third parties to prosecute or to defend claims. In Crumpler v Exential Investments Inc (BVIHC(COM) 2020/0081; 29 September 2020) Jack J clarified that third party funding arrangements were enforceable in the BVI.

    Filed under:
    British Virgin Islands, Hong Kong, United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Ogier, Due diligence
    Authors:
    Shane Quinn , Justin Davis
    Location:
    British Virgin Islands, Hong Kong, United Kingdom
    Firm:
    Ogier
    Three Arrows case sees what is believed to be BVI's first ever extra-territorial summoning of company directors to appear for a private examination by joint liquidators
    2023-02-23

    In BVIHC(COM) 2022/0119, Russell Crumpler and Christopher Farmer as Joint Liquidators of Three Arrows Capital Ltd (in liquidation) -and- (1) Zhu Su (2) Kyle Davies

    The BVI Court has endorsed what is believed to be its first extra-territorial order summoning directors of a BVI company (in liquidation) to appear for private examination by joint liquidators.

    Filed under:
    British Virgin Islands, Insolvency & Restructuring, Litigation, Ogier, Cryptocurrency
    Authors:
    Daniel Mitchell
    Location:
    British Virgin Islands
    Firm:
    Ogier

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 17
    • Page 18
    • Page 19
    • Page 20
    • Current page 21
    • Page 22
    • Page 23
    • Page 24
    • Page 25
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days