November 2023 | Insights & Resources, Videos
Fintech Arbitration Disputes: The Caribbean and Silicon Valley Perspectives
Assets come in all forms: tangible, intangible, fungible, crypto, real estate and causes of action, to name but a few. With the assistance of forensic accounting experts in locating and tracing assets, the Conyers BVI team are adept at recovering assets in all forms and have been doing so for clients over the last twenty years. The development of a broad range of access to effective relief in the form of freezing injunctions, preservation orders, delivery up orders and targeted disclosure, in traditional document as well as electronic form, has proven crucial in today’s world of crypto and blockchain asset identification and recovery. In this dawning age of artificial intelligence we embrace the application of AI tools in assisting these efforts, which can only increase the prospects of full and productive asset recovery for our clients.
Our litigation and restructuring team of ten skilled advocates is by far the most seasoned practice in the BVI. We frequently advise and have full rights of audience in relation to the jurisdiction’s most complex and highest value litigation and emergency interim relief, and are unrivalled in formulating the most effective strategies to achieve successful dispute outcomes. We have broad expertise in cross-border restructuring and insolvency, particularly in liquidation and asset tracing matters, including shareholder and creditor schemes of arrangement for both solvent and insolvent companies. Combining our many years of experience at the forefront of this area of business, along with our deep understanding of the ever-changing landscape of the most effective strategies deployed, means asset tracing and recovery offshore is a highly achievable expectation.
We have unmatched expertise in acting for trustees, executors and beneficiaries on the full spectrum of trust matters, including obtaining emergency freezing and disclosure orders and conducting and coordinating national and international fraud investigations. Our lawyers are skilled at identifying fraudulent conduct as well as pursuing, securing and preserving information and assets, ensuring we always take the most efficient approach whether a tried-and-tested route or an innovative solution.
The BVI has evolved into a favoured jurisdiction for crypto launches by virtue of its strong regulatory framework and state-of-the-art professional services infrastructure. The Conyers team has acted for the largest creditor in the largest crypto insolvency to date and regularly works with leading onshore firms to secure asset recovery in this specialist field. We regularly advise a broad client base that includes directors, investors, office holders and creditors.
As a centre for company incorporation from many parts of the world, BVI companies are often drawn into arbitrations under different rules in many different jurisdictions. In response to this, the BVI has developed a sophisticated and pragmatic regime for foreign arbitration proceedings and the enforcement of arbitral awards, with modern arbitration legislation and updated procedure rules to enable speedy and effective relief. We regularly obtain injunctions and assistance orders to facilitate overseas proceedings, including third party disclosure orders and freezing order relief.
The BVI Litigation Lens video series explores fraud, asset recovery, and dispute resolution in the British Virgin Islands. Each episode features expert insights into the growing complexity of financial crime, the importance of cross-border collaboration, and the BVI’s continued role as a leading jurisdiction for high-value litigation—offering actionable takeaways and addressing key topics that shape the territory’s legal landscape.
Episode One
Episode Two
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India as an Emerging Hub for Cross-Border Insolvency and Asset Tracing
India is increasingly featuring in cross border insolvency and asset tracing work, reflecting both recent legal reform and a noticeable shift in how Indian insolvency professionals approach complex recoveries.
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On 23 October 2024, Deputy High Court Judge Le Pichon of the Court of First Instance in the High Court of the Hong Kong SAR granted recognition and assistance to Chan Ho Yin (also known as Michael Chan) (“Mr Chan“) […]
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November 2023 | Insights & Resources, Videos
Fintech Arbitration Disputes: The Caribbean and Silicon Valley Perspectives
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