State immunity and arbitration in the British Virgin Islands (BVI)

Produced in partnership with Tameka Davis LLB, LLM, MCIArb of Conyers Dill & Pearman

Practice notes

State immunity and arbitration in the British Virgin Islands (BVI)

Produced in partnership with Tameka Davis LLB, LLM, MCIArb of Conyers Dill & Pearman

Practice notes

This Practice Note considers the role of state immunity in relation to Arbitration proceedings in the British Virgin Islands (BVI). For a general introduction to state immunity and arbitration, see Practice Note: State immunity and arbitration—general considerations. In addition, for Practice Notes on state immunity in a number of Jurisdictions around the world (including England and Wales), see our ‘State immunity’ subtopic: State immunity and arbitration—overview.

Introduction and background

This Practice Note addresses the nuanced but important subject of state immunity in the BVI in the context of Commercial arbitration agreements. Where a state or state-owned entity is a party to a commercial contract the non-state counterparty will no doubt want to ensure that any dispute arising between them and any potential award against that entity may be effectively enforced. This is particularly so because the state in question may claim 'state immunity' in order to circumvent obligations and insulate assets from enforcement.

State immunity is often raised in the context of jurisdiction and enforcement

Tameka Davis, LLB, LLM, MCIArb

Conyers Dill & Pearman

Tameka Davis is Counsel in the litigation department of Conyers Dill & Pearman in the British Virgin Islands. Tameka’s practice covers company and commercial law almost exclusively involving a cross-jurisdictional dimension, with particular focus on international insolvency, asset tracing claims and interim urgent relief. She has advised extensively on the reciprocal enforcement of foreign judgments and awards and assistance injunctive relief in the British Virgin Islands. Tameka has been involved in a number of multi-million and billion dollar claims of immense complexity, invariably including elements of fraud, and significant developing jurisprudence in relation to the scope of norwich pharmacal disclosure orders and the incident of a liquidator's remuneration fees where his appointment has been subsequently set aside. She is particularly apt at navigating the Eastern Caribbean Civil Procedure Rules. Tameka has been recognized globally in the 2014 edition (and since 2012) in Legal 500 Caribbean for Dispute Resolution.

Jurisdiction(s):

United Kingdom

Key definition:

Arbitration definition

What does Arbitration mean?

Generally, a private form of final and binding dispute resolution by an appointed arbitral tribunal acting in a quasi-judicial manner. Arbitration is, generally, founded on party agreement (the arbitration agreement), and regulated and enforced by national courts.

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