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Arbitration In The British Virgin Islands
Arbitration in the British Virgin Islands is regulated principally by the Arbitration Act, 2013 which came into force on 1 October 2014. Prior to that date, arbitration was regulated by the Arbitration Cap, 1976 (Cap 6). The Arbitration Act is based heavily on the UNCITRAL Model Law on International Commercial Arbitration, but modified slightly for application under British Virgin Islands law. Where the parties have agreed in writing that disputes between them are to be resolved by arbitration, the courts must stay any court proceedings in favour of arbitration unless the court determines that the agreement is void. The Arbitration Act provides for the creation of a new statutory body called the BVI International Arbitration Centre. However, the organs of that body have not yet been appointed. Draft subsidiary legislation, the BVI IAC Rules, have been circulated for private sector comment, but not yet brought into force. Accordingly, at present all arbitration in the British ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Harney Westwood & Riegels
Harney Westwood & Riegels (or Harneys) is a global offshore law firm that provides advice on British Virgin Islands, Cayman Islands, Cyprus, Luxembourg, Bermuda and Anguilla law to an international client base that includes law firms, financial institutions, investment funds, and private individuals. They have locations in major financial centers across Europe, Asia, the Americas and the Caribbean. In 2016 Harneys was named Offshore Law Firm of the Year by ''The Lawyer'' in its annual awards. History Harneys is the oldest and largest legal practice firm in the BVI. Combined with its affiliated fiduciary services business, Harneys is the second largest private employer in the BVI. The firm began in 1958 when Harold Harney formed the first resident legal practice firm to be set up in the BVI. He was joined by Neville Westwood in 1967 and Michael Riegels in 1973. Notable Harneys alumni include: * Michael Riegels QC, inaugural chairman of the British Virgin Islands Financial ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
BVI Business Companies Act
The BVI Business Companies Act (No 16 of 2004) is the principal statute of the British Virgin Islands relating to British Virgin Islands company law, regulating both offshore companies and local companies. It replaced the extremely popular and highly successful International Business Companies Act. It came into force on 1 January 2005. The decision to replace the International Business Companies Act was driven by two things. Firstly, there was a general perception that the older legislation was becoming a bit dated, and needed modernising. Secondly, the OECD and other multinational organisations had expressed concerns about ring-fenced tax regimes in tax havens, such as that under the older legislation and were putting jurisdictions under pressure to repeal them. The British Virgin Islands Financial Services Commission dealt with both issues in a single legislative swoop. The BVI Business Companies Act is actually based upon a New Zealand statute (as opposed to the I ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of The British Virgin Islands
The law of the British Virgin Islands is a combination of common law and statute, and is based heavily upon English law. Law in the British Virgin Islands tends to be a combination of the very old and the very new. As a leading offshore financial centre, the territory has extremely modern statutes dealing with company law, insolvency, banking law, trust law, insurance and other related matters. However, in a number of areas of law, such as family law, the laws of the British Virgin Islands are based upon very old English laws, and can cause some difficulty in modern times. Other areas of law, such as international law, are essentially regulated externally through the Foreign and Commonwealth Office in London by Order in Council. A large body of the laws of the British Virgin Islands consists of the common law, which continually updates itself through judicial precedent in the territory and in other common law countries. The British Virgin Islands is a dependent territory of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
British Virgin Islands Financial Services Commission
The BVI Financial Services Commission is an autonomous regulatory authority responsible for the regulation, supervision and inspection of all the British Virgin Islands financial services including insurance, banking, trustee business, company management, mutual funds business, the registration of companies, limited partnerships and intellectual property. It was established in 2001 pursuant to the Financial Services Commission Act, 2001. The commission now oversees all regulatory responsibilities previously handled by the government through its Financial Services Department; protecting the independence of financial services regulation and fulfilling international commitments to the prevention of international white collar crime while safeguarding the privacy and confidentiality of legitimate business transactions. The commission also has new responsibilities including promoting public understanding of the financial system and its products, policing the perimeter of regulated ac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cherno Jallow
Cherno Sulayman Jallow KC (born 15 November 1962) is a Gambian lawyer and judge who serves as a Justice of the Supreme Court of the Gambia. He previously served as Attorney General of the British Virgin Islands from 1999 to 2007. Early life and education Jallow was born in the village of Old Yundum, Kombo North. His father was from Old Yundum too, with his mother from Brufut. When he had to be registered for school, he moved in with his grandparents in Brufut as they lived closer to a primary school. In Brufut, he regularly attended Quranic school under the teacher of his grandfather. After primary school, he gained admission to Armitage High School in Janjanbureh, studying there from 1975 to 1980, and graduating with O-Levels. He then attended Saint Augustine's High School in Banjul for two years, graduating with A-Levels in 1982. He worked as a teacher at Sukuta Technical School in the intervening period before he went to study law at the International Islamic Unive ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Just And Equitable Winding-up
Liquidation is the process in accounting by which a company is brought to an end in Canada, United Kingdom, United States, Ireland, Australia, New Zealand, Italy, and many other countries. The assets and property of the company are redistributed. Liquidation is also sometimes referred to as winding-up or dissolution, although dissolution technically refers to the last stage of liquidation. The process of liquidation also arises when customs, an authority or agency in a country responsible for collecting and safeguarding customs duties, determines the final computation or ascertainment of the duties or drawback accruing on an entry. Liquidation may either be compulsory (sometimes referred to as a ''creditors' liquidation'' or ''receivership'' following bankruptcy, which may result in the court creating a "liquidation trust") or voluntary (sometimes referred to as a ''shareholders' liquidation'', although some voluntary liquidations are controlled by the creditors). Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Articles Of Association
In corporate governance, a company's articles of association (AoA, called articles of incorporation in some jurisdictions) is a document which, along with the memorandum of association (in cases where it exists) form the company's constitution, and defines the responsibilities of the directors, the kind of business to be undertaken, and the means by which the shareholders exert control over the board of directors. Articles of association are very critical documents to corporate operations, as they may regulate both internal and external affairs. Articles of incorporation, also referred to as the certificate of incorporation or the corporate charter, is a document or charter that establishes the existence of a corporation in the United States and Canada. They generally are filed with the Secretary of State in the U.S. State where the company is incorporated, or other company registrar. An equivalent term for limited liability companies (LLCs) in the United States is articles ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arbitration Clause
An arbitration clause is a clause in a contract that requires the parties to resolve their disputes through an arbitration process. Although such a clause may or may not specify that arbitration occur within a specific jurisdiction, it always binds the parties to a type of resolution outside the courts, and is therefore considered a kind of forum selection clause. Arbitration clauses are frequently paired with class action waivers which prevents contracting parties to file class action lawsuits against each other. In the United States, arbitration clauses also include a provision which requires parties to waive their rights to a jury trial. All three provisions have attained significant amounts of support and controversy, with proponents arguing that arbitration is equally as fair as courts and a more informal, speedier way to resolve disputes, while opponents of arbitration condemning the clauses for limited appeal options and allowing large corporations to effectively silence cl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
British Virgin Islands Company Law
British may refer to: Peoples, culture, and language * British people, nationals or natives of the United Kingdom, British Overseas Territories, and Crown Dependencies. ** Britishness, the British identity and common culture * British English, the English language as spoken and written in the United Kingdom or, more broadly, throughout the British Isles * Celtic Britons, an ancient ethno-linguistic group * Brittonic languages, a branch of the Insular Celtic language family (formerly called British) ** Common Brittonic, an ancient language Other uses *'' Brit(ish)'', a 2018 memoir by Afua Hirsch *People or things associated with: ** Great Britain, an island ** United Kingdom, a sovereign state ** Kingdom of Great Britain (1707–1800) ** United Kingdom of Great Britain and Ireland (1801–1922) See also * Terminology of the British Isles * Alternative names for the British * English (other) * Britannic (other) * British Isles * Brit (other) * ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Policy
Public policy is an institutionalized proposal or a decided set of elements like laws, regulations, guidelines, and actions to solve or address relevant and real-world problems, guided by a conception and often implemented by programs. Public policy can be considered to be the sum of government direct and indirect activities and has been conceptualized in a variety of ways. They are created and/or enacted on behalf of the public typically by a government. Sometimes they are made by nonprofit organisations or are made in co-production with communities or citizens, which can include potential experts, scientists, engineers and stakeholders or scientific data, or sometimes use some of their results. They are typically made by policy-makers affiliated with (in democratic polities) currently elected politicians. Therefore, the "policy process is a complex political process in which there are many actors: elected politicians, political party leaders, pressure groups, civil servants ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
UNCITRAL Model Law On International Commercial Arbitration
The UNCITRAL Model Law on International Commercial Arbitration is a model law prepared by UNCITRAL, and adopted by the United Nations Commission on International Trade Law on 21 June 1985. In 2006, it was amended and now includes more detailed provisions on interim measures. The model law is not binding, but individual states may adopt the model law by incorporating it into their domestic law (as, for example, Australia did, in the International Arbitration Act 1974, as amended). The model law was published in English and in French. Translations in all six United Nations languages now exist. Note that there is a difference between the UNCITRAL ''Model Law'' on International Commercial Arbitration (1985) and the UNCITRAL ''Arbitration Rules''. On its website, UNCITRAL explains the difference as follows: "The UNCITRAL Model Law provides a pattern that law-makers in national governments can adopt as part of their domestic legislation on arbitration. The UNCITRAL Arbitration Rules, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Governing Law
The doctrine of the proper law is applied in the choice of law stage of a lawsuit involving the conflict of laws. Explanation When the jurisdiction is in dispute, one or more state laws will be relevant to the decision-making process. If the laws are the same, this will cause no problems, but if there are substantive differences, the choice of which law to apply will produce a different judgment. Each state, therefore, produces a set of rules to guide the choice of law, and one of the most significant rules is that the law to be applied in any given situation will be the ''proper law''. This is the law that seems to have the closest and most real connection to the facts of the case, and so has the best claim to be applied. The term "proper" refers back to the older English sense as being "proper to". In other words, the law proper to the contract or the contractual term or issue involved. All laws, to a greater or lesser extent, are reflections of the public policies of the state ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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