Mobile Menu
Articles

A Guide to the use of the BVI Commercial Court

November 2009 Updated on 31 March 2010 Tameka Davis

You could easily overlook its entrance, as no doubt many do, unaware that here, disputes are likely to be fought over vast sums of money and/or valuable property. In the main court room there is a flat screen television and rows of microphones; it is a sign that this court is equipping itself with state of the art facilities. This is the new Commercial Court and Edward Bannister QC, an English Silk with considerable commercial experience, has been appointed its sole judge.

In his speech to mark the opening of the new 2009/2010 law year the Honourable Chief Justice Hugh Rawlins said this about the Commercial Division:

"This Division is intended to specialize in and bring a new and dynamic dimension to cross-border litigation.The aim of this division of the Court is to facilitate the speedy and efficient resolution of commercial cases in our system, in a manner that permits the Court to maintain a competitive international profile."

This is a formidable mandate for a single judge and a dozen or so court staff but it can be accomplished or at least they will try. But no court is able to properly function without sensible rules of court. If commercial cases warrant their own court they also warrant their own rules. This is uncontroversial and accepted. However, the rules, practice direction and guides (the latter two of which are currently being promulgated to shore up the Commercial Division) must be readily assimilated and easily reconciled with our current Civil Procedure Rules, not least if this Division is to have not just local but regional relevance. This paper is briefly examines the changes introduced by Part 69A of the Eastern Caribbean Supreme Court Civil Procedure Rules 2000 ("the CPR").

 

To continue reading full articles in PDF format:
A Guide to the use of the BVI Commercial Court

 


Tameka Davis
Counsel

British Virgin Islands   +1 284 852 1120


Accolades
_

"Few firms can come close to Conyers on one critical metric, and this is the breadth of the client base."
- IFLR1000

Related International Markets

British Virgin Islands


Media Contact

For media enquiries, please contact media@conyersdill.com

Articles

A Guide to the use of the BVI Commercial Court

25 November 2009 Updated on 31 March 2010 Tameka Davis

You could easily overlook its entrance, as no doubt many do, unaware that here, disputes are likely to be fought over vast sums of money and/or valuable property. In the main court room there is a flat screen television and rows of microphones; it is a sign that this court is equipping itself with state of the art facilities. This is the new Commercial Court and Edward Bannister QC, an English Silk with considerable commercial experience, has been appointed its sole judge.

In his speech to mark the opening of the new 2009/2010 law year the Honourable Chief Justice Hugh Rawlins said this about the Commercial Division:

"This Division is intended to specialize in and bring a new and dynamic dimension to cross-border litigation.The aim of this division of the Court is to facilitate the speedy and efficient resolution of commercial cases in our system, in a manner that permits the Court to maintain a competitive international profile."

This is a formidable mandate for a single judge and a dozen or so court staff but it can be accomplished or at least they will try. But no court is able to properly function without sensible rules of court. If commercial cases warrant their own court they also warrant their own rules. This is uncontroversial and accepted. However, the rules, practice direction and guides (the latter two of which are currently being promulgated to shore up the Commercial Division) must be readily assimilated and easily reconciled with our current Civil Procedure Rules, not least if this Division is to have not just local but regional relevance. This paper is briefly examines the changes introduced by Part 69A of the Eastern Caribbean Supreme Court Civil Procedure Rules 2000 ("the CPR").

 

To continue reading full articles in PDF format:
A Guide to the use of the BVI Commercial Court

 


Tameka Davis
Counsel

British Virgin Islands   +1 284 852 1120