Westburg Anstalt v Profitstar Anstalt: service out of the jurisdiction — the BVI is back in business
As a leading international offshore centre, the majority of the high-value commercial litigation that reaches the British Virgin Islands (BVI) Commercial Court is cross-border in nature.
While it is not uncommon for BVI entities to feature as defendants (so that the ‘necessary or proper’ gateway for service out can be used), often the real target lies beyond the shores of the BVI. Accordingly, a flexible and relevant system of rules for service out of the jurisdiction is of particular concern for court users.
Unfortunately, the Eastern Caribbean Civil Procedure Rules (CPR) have been found wanting, in particular, in the context of any attempt to enforce a foreign judgment against BVI assets (in the paradigm case, shares in a BVI company)…
Click on the link below to read the rest of the Conyers, Dill & Pearman briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Conyers Dill & Pearman
Briefings from Conyers Dill & Pearman
This article provides a reminder of the impending deadlines and action that is required for those BVI entities that are classified as ‘foreign financial institutions’ for the purposes of FATCA.
Cayman has taken a creditor-friendly approach to implementation.