Conyers Dill & Pearman

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Foreign arbitration award sufficient basis for a BVI statutory demand

The Eastern Caribbean Court of Appeal (ECCA) has held that there is no need for a creditor with the benefit of a foreign arbitration award to register or obtain permission to enforce the award within the British Virgin Islands (BVI) before proceeding by way of statutory demand.

The case concerned a monetary award made in an arbitration before the London Court of International Arbitration. The creditor served a statutory demand on the debtor, a BVI company, in the BVI.

The debtor applied to set the demand aside on the basis (inter alia) that there was no debt due because an unenforceable award could not form the basis of a statutory demand…

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