The British Virgin Islands is not a signatory (or party by extension from the UK) to the Rome Convention, the Geneva Convention, the Chicago Convention or the Cape Town Convention.
In relation to the Chicago Convention, however, certain provisions of that Convention with which the United Kingdom is obliged to ensure that its overseas territories comply (including the British Virgin Islands) are reflected in the Air Navigation (Overseas Territories) Order 2013 (“ANOTO”).
The British Virgin Islands is, by Order-in -Council from the United Kingdom, a party to the New York Convention.
The choice of foreign laws as the governing law of a lease is a valid choice of law and would be recognised and given effect to in any action brought before a court of competent jurisdiction in the British Virgin Islands, except for those laws (i) which such court considers to be procedural in nature, (ii) which are revenue or penal laws or (iii) the application of which would be inconsistent with public policy, as such term is interpreted under the laws of the British Virgin Islands. The submission in the Lease to the non-exclusive jurisdiction of the Foreign Courts is valid and binding.
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This article was originally published in The Legal 500.