Our partners have been involved in a number of the leading cases in BVI, including:
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Renova & Ors v Emmerson & Ors​
Star Reefers​
Inteco Beteiligungs AG v Sylmord Trade Inc
Arkhanglesky v Bank of St Petersburg
Re Scherbakov
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Arabella has considerable expertise in telecoms disputes, having acted in particular in:
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Alfa Telecom Turkey Ltd v Cukurova Finance International & Ors
Sonera Holding BV v Cukurova Holding AS
Millicom Tanzania NV v Golden Globe International Services Limited & Anor
Ω Interlocutory applications
Ω Enforcement of arbitration awards
Ω Enforcement of foreign judgments
Ω Freezing and Norwich Pharmacal orders
Ω Service of foreign process
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COMMERCIAL LITIGATION
CIVIL FRAUD
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Our partners have ample experience of fraud litigation. Both were instructed in the Fairfield liquidation arising out of the Madoff fraud, acting for various of the world's largest banks and credit institutions in proceedings commenced by the liquidator of Fairfield seeking to recover funds paid to the banks upon the redemption of shares prior to the liquidation.
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Ω Freezing relief
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Ω Norwich Pharmacal orders
COMPANY & INSOLVENCY
We have been involved in a number of the key company cases in this jurisdiction:
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Royal Westminster Investments S.A. v Nilon Limited – leading authority on circumstances in which Court has jurisdiction to permit service out of the jurisdiction of a claim to rectify the share register of a BVI company.
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Shrimpton v Dominic Shriven - defending an unfair prejudice petition with allegations of quasi-partnership.
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Microsoft v Vadem - acted for Microsoft in this derivative action.
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We frequently conduct more routine applications such as to restore companies to the register and for rectification of the register.
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Our partners are experienced in domestic and cross border insolvency and have acted in the largest BVI insolvencies such as Fairfield, Kingate and Titan. Further highlights include:
Tacon v Pitkin Group – the first case to consider transactions at an undervalue under the Insolvency Act 2003
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Krys v New World Value Fund – liquidation of limited partnership
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Nam Tai litigation – acted for David Hague and PwC with respect to the liquidation of Tele-Art and the numerous disputes with Nam Tai. Appeared in numerous hearings in the High Court, the Court of Appeal and the Privy Council.
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Ω Winding up applications
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Ω Applications to set aside statutory demands
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Ω Letters Rogatory
TRUSTS & PROBATE
We have extensive experience in trusts and probate matters, including:
Ω Beddoe applications
Ω Applications for Hastings Bass relief
Ω Variation of trust applications
Ω Rectification proceedings
Ω Applications by trustees for directions as to whether to submit to the jurisdiction of a foreign court
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Ω Probate applications
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Ω Applications for grant ad colligenda bona
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ARBITRATION
Our partners are accredited arbitrators and accept instructions to sit on arbitrations of any size.
They are also experienced in obtaining relief in support of arbitrations and agreements to arbitrate:
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Finecroft v Lamane – obtained an anti-suit injunction from the BVI Court requiring a BVI company to discontinue proceedings commenced in New York, Cyprus and Russia contrary to an agreement requiring arbitration in the LCIA.
PT Ventures SGPS SA v Vidatel Ltd - relief in support of an ICC arbitration.
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Sonera v Cukurova - key case in which the court clarified and confirmed the grounds on which anti-arbitration injunctions are available in the BVI under the Arbitration Act 2013.
