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Eleanor Morgan

Eleanor Morgan

Partner | BVI

Guide

Recognition of foreign insolvency proceedings and foreign insolvency practitioners in the BVI

24 April 2017

The interplay between the legislative framework in the BVI and the common law with respect to recognition and assistance in foreign insolvency proceedings has developed in recent years in response to the increased prevalence of cross-border insolvency proceedings; however, its development has not always been predictable. This short note will chart the development of BVI case law dealing with recognition and will clarify the position as to its availability under statute and/or the common law. This note also contains a brief overview of the BVI court's most recent decision in this area which deals with procedural questions surrounding applications for recognition by foreign office holders.

Contact

Eleanor Morgan

Eleanor Morgan

Partner | BVI

About Mourant

Mourant is a law firm-led, professional services business with over 60 years' experience in the financial services sector. We advise on the laws of the British Virgin Islands, the Cayman Islands, Guernsey, Jersey and Luxembourg and provide specialist entity management, governance, regulatory and consulting services.

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