Contact

Eleanor Morgan

Eleanor Morgan

BVI
Partner

Justine Lau

Justine Lau

Hong Kong
Partner

Jennifer White

Jennifer White

Hong Kong
Senior Associate

Teenie Yu

Teenie Yu

Hong Kong

Update

Determining forum and governing law for claims involving foreign defendants

[Dynamic date]

23 December 2020

Forum and governing law are typical matters of dispute when proceedings are brought in the British Virgin Islands (the BVI) against foreign defendants. Further argument may arise when a contract contains a choice of law clause other than the BVI. The factors at play in determining the appropriate forum and governing law were re-examined in the recent and long-awaited Privy Council decision of Livingston Properties Equities Inc and others (Respondents) v JSC MCC Eurochem and another (Appellants), which involved applications to (i) set aside leave to serve foreign defendants out of the jurisdiction and (ii) stay BVI proceedings on jurisdiction grounds arising from claims against 18 defendants for breach of duty, knowing receipt, dishonest assistance and unlawful means conspiracy.