BVI QC Calls For Establishment Of Commercial Court

by Amanda Banks, for LawAndTax-News.com, London

08 April 2003

Speaking late last month in open court, prominent BVI attorney, Mr Joseph S. Archibald QC reiterated the need for the establishment of a designated commercial court in the British Virgin Islands.

Although the matter has been under discussion for several years, with Mr Archibald appointed to head a committee to consider plans for a commercial court back in 1996, no concrete plans have yet been put in place.

In an interview with the BVI Island Sun, Mr Archibald stressed that, as the jurisdiction increases in importance as a commercial and international business centre, the creation of a purely commercial court to deal with the legal issues surrounding international business companies (IBCs), trustees, partnerships, mutual funds, banking and trust companies, insurance, management companies and arbitration will become a priority.

He explained that since the BVI Bar Association committee presented its report to the government, the judicial situation in the BVI has improved dramatically, with two judges now appointed in the jurisdiction, and an understanding in place with the Eastern Caribbean States Supreme Court (ECSC) that commerce cases being heard in the High Court and Court of Appeal will be not unnecessarily delayed.

'But there is still room for us to ensure that either there...is a division of the court specifically and exclusively concerned with commercial matters or having a commercial court separate and distinct as we are recommending,' he observed.

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