BRITISH VIRGIN ISLANDS Trends and Developments Contributed by: Andrew Emery and Mary-Frances Morris, Emery Cooke
Conclusion The period from 2025 to 2026 has confirmed the BVI’s standing as one of the most dynamic and sophisti- cated offshore litigation jurisdictions in the world. Its courts have proved equal to the challenge of landmark Privy Council interventions, large-scale multi-jurisdic- tional fraud, the rapidly evolving world of digital assets, the complexities of sanctions-affected litigation, and the emergence of artificial intelligence as a tool in legal practice. The jurisdiction’s legislative framework has been modernised through the 2023 CPR revision and the 2024 amendments to the BCA and Insolvency Act, and its arbitration infrastructure continues to develop.
In the sanctions space, the evolution of the geopoliti- cal environment and any changes to the UK sanctions regime will directly affect the volume and conduct of BVI litigation involving Russian-related entities. The pending English Supreme Court decision in Servis - Terminal will clarify whether unrecognised foreign judgments can ground insolvency proceedings – an issue on which the BVI courts will need to take a defin- itive position. The abolition of the Shareholder Rule will fundamen- tally alter litigation strategy in shareholder disputes for years to come. Questions about the survival of related privilege doctrines – in particular in the trustee–ben- eficiary context – are already being raised and will require further judicial attention. Finally, the twin forces of artificial intelligence and digital asset innovation will continue to reshape the environment in which BVI litigation takes place. Courts and practitioners who engage thoughtfully with these developments will be best positioned to serve their clients in the increas- ingly complex disputes of the years ahead.
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