BVI International Arbitration

Baker & Partners has contributed to the BVI International Arbitration chapter for the Legal 500 Country Comparative Guides 2024. This country-specific Q&A provides an overview of international arbitration laws and regulations applicable in the BVI.

Download the BVI International Arbitration guide here.

• What legislation applies to arbitration in the BVI? Are there any mandatory laws?

• Is the BVI a signatory to the New York Convention? Are there any reservations to the general obligations of the Convention?

• What other arbitration-related treaties and conventions is the BVI a party to?

• Is the law governing international arbitration in the BVI based on the UNCITRAL Model Law? Are there significant differences between the two?

• Are there any impending plans to reform the arbitration laws in the BVI?

• What arbitral institutions (if any) exist in the BVI? When were their rules last amended? Are any amendments being considered?

• Is there a specialist arbitration court in the BVI?

• What are the validity requirements for an arbitration agreement under the laws of the BVI?

• Are arbitration clauses considered separable from the main contract?

• Do the courts of the BVI apply a validation principle under which an arbitration agreement should be considered valid and enforceable if it would be so considered under at least one of the national laws potentially applicable to it?

• Is there anything particular to note in the BVI with regard to multi-party or multi-contract arbitration?

• In what instances can third parties or non-signatories be bound by an arbitration agreement? Are there any recent court decisions on these issues?

Shaun and Olena are experts on International Arbitration in the BVI, contact them for more information.