British Virgin Islands spotlight: asset tracing and international securities litigation | Practical Law

British Virgin Islands spotlight: asset tracing and international securities litigation | Practical Law

This article provides a spotlight on two important areas when litigating in the British Virgin Islands: asset tracing, where the article considers the approach followed by the courts of the BVI (in particular in the case of Black Swan v Harvest View Limited) and international securities litigation, where the article considers the rules governing charges and mortgages over assets held by BVI companies used as holding vehicles in financing transactions and the extent to which the BVI courts will order foreign remedies under an instrument not governed by BVI law.

British Virgin Islands spotlight: asset tracing and international securities litigation

by Jack Husbands and Oliver Clifton, Walkers
Law stated as at 01 Aug 2015British Virgin Islands
This article provides a spotlight on two important areas when litigating in the British Virgin Islands: asset tracing, where the article considers the approach followed by the courts of the BVI (in particular in the case of Black Swan v Harvest View Limited) and international securities litigation, where the article considers the rules governing charges and mortgages over assets held by BVI companies used as holding vehicles in financing transactions and the extent to which the BVI courts will order foreign remedies under an instrument not governed by BVI law.
This article forms part of the Dispute Resolution Global Guide. For a full list of jurisdictional Q&As visit www.practicallaw.com/dispute-mjg