Arbitral Digest

Matter

FG v HJ (Eastern Caribbean Supreme Court, British Virgin Islands, High Court of Justice (Commercial Division), Claim No. BVIHC (COM) 2021/0094)

Applicable rules
ICDR Emergency Relief Rules
  1. 14 December 2021British Virgin Islands

    14 December 2021British Virgin Islands

    Judgment of the Eastern Caribbean Supreme Court, British Virgin Islands, High Court of Justice (Commercial Division) in Claim No. BVIHC (COM) 2021/0094 dated 14 December 2021

    Eastern Caribbean Supreme Court, British Virgin Islands, High Court of Justice (Commercial Division)

    Case no.
    BVIHC (COM) 2021/0094
    Decision summary
    The High Court continued the freezing order against the defendants in support of the pending ICDR arbitration. It held that the claimant had shown a good arguable case and that there was a concrete risk of dissipation, while leaving the alter ego and agency issues for determination by the arbitral tribunal.

    Supporting details

    4 authorities · 15 participants
    FG
    Representative
    David Scorey QC (For: FG)
    Representative
    Mark Forte (For: FG)
    Representative
    Alecia Johns (For: FG)
    Representative
    Conyers (For: FG)
    Expert
    Mark Gutkin (For: FG)
    HJ
    Representative
    Vernon Flynn QC (For: HJ)
    Representative
    Peter Ferrer (For: HJ)
    Representative
    Tyrone Bailey (For: HJ)
    Representative
    Harneys (For: HJ)
    A
    Expert
    Eric George (For: A · D)
    D
    Expert
    Eric George (For: A · D)
    Eastern Caribbean Supreme Court, British Virgin Islands, High Court of Justice (Commercial Division)

    Authorities cited

    4
    • HQ Aviation Limited v Sun Vessel Global Ltd, the Motor Yacht Bacarella
      case-law
    • The Niedersachsen test
      case-law
    • Prest v Petrodel Resources Ltd
      case-law
    • UNCITRAL Model Law, Article 17J
      statute

Matter record

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FG v HJ (Eastern Caribbean Supreme Court, British Virgin Islands, High Court of Justice (Commercial Division), Claim No. BVIHC (COM) 2021/0094) · Matter