BRITISH VIRGIN ISLANDS Law and Practice Contributed by: Andrew Emery and Mary-Frances Morris, Emery Cooke
• Arbitral tribunals do not have the same coercive powers as courts, to compel witnesses to attend. • There is no binding precedent so, unlike litigation, different tribunals can reach different conclusions on similar issues, leading to inconsistent decisions. • The confidentiality aspect is not absolute and once the court becomes involved it can be lifted. • It is not suitable for all disputes (insolvencies and liquidation). 3.5 Arbitral Institutions The BVI Arbitration Centre is the arbitration institution in the BVI. 3.6 Length of Proceedings Length of arbitrations depend entirely on the facts at hand and the individual arbitrator handing down the award. They can vary from a few months to two years in complex matters.
court, as long as they arise from the parties’ dispute, including: • damages; • debt recovery/payment orders; • declaratory relief; • specific performance; • injunctions; and • costs of the arbitration.
4. Other ADR Methods 4.1 ADR Procedures
Mediation is the other main form of dispute resolution in commercial matters in the BVI. Courts can order that parties mediate if it is felt appropriate. 4.2 Requirements to Engage in ADR There are no formal requirements for parties to engage in ADR. However, the courts will look at the parties’ conduct both pre- an during-trial and look unfavour- ably on certain conduct, including suggestions to explore ADR at the pre-trial stage. The courts have wide case management powers and can order parties to mediate and even award costs against parties who unreasonably refuse to do so. 4.3 Impact of ADR Engaging in ADR does not affect a party’s right to litigate (unless it has formally agreed not to do so in a Engaging in ADR can be done at the pre-trial stage or at any time during proceedings if deemed appropri- ate. Engaging in ADR does not, of itself, stop limita- tion periods running. Parties can, however, mutually agree in writing for limitation to stop running in order to explore ADR. Alternatively, proceedings can be issued in the court and then have a stay applied for in order to explore ADR/settlement negotiations. Any stay would stop limitation running. written agreement). 4.4 Timing of ADR
3.7 Regulation of Arbitration Key laws in the jurisdiction are:
• BVI Arbitration Act, 2013 – core legal regime; • New York Convention – global enforceability; • Eastern Caribbean Supreme Court (Virgin Islands) Act – as a supportive role (interim injunctions, enforcement or set aside of arbitral awards); and • BVI Arbitration Centre Rules – while not legisla- tion, the Rules provide a procedural framework for arbitrations in the BVI. 3.8 Court Powers
The BVI courts have powers to: • grant interim relief in arbitration; • stay litigation in favour of arbitration; • enforce arbitral awards; and
• set aside arbitral awards. 3.9 Court Intervention
Courts in the BVI take a supportive but non-intrusive approach to arbitration limited to the circumstances set out in 3.8 Court Powers . 3.10 Relief When it comes to relief available in arbitration, arbitral tribunals can grant most of the same remedies as a
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