British Virgin Islands

By James Rowland  King & Wood Mallesons Dispute Resolution Group

I.    Background

The Claimants were three Singaporean companies which had been set up to hold shares in a number of sino-foreign joint ventures established under JV contracts governed by PRC law (the “JVs”). The fourth claimant was the parent company of the first three claimants, and had entered into a Services Agreement with the general manager of the JVs (the “Services Agreement”). He was in turn the chairman and legal representative of each of the JVs and of each of their Chinese shareholders. The Service Agreement was governed for the most part by PRC law, although it contained a non-competition clause governed by English law.

The Defendants were the BVI shareholders in a number of Chinese enterprises (the “Non-JVs”) which had been gradually assimilated into the JVs’ manufacturing supply-chain. After many years both the JVs and Non-JVs were operating as an integrated manufacturing and sales business.Continue Reading Freezing China Assets through the BVI Courts–A British Virgin Islands (BVI) case demonstrates some of the difficulty of obtaining interim relief in arbitration as well as in parallel civil litigation

作者:罗必成 金杜律师事务所争议解决

一、    背景


被告为多家中国公司(“非合资公司”)的英属维京群岛(British Virgin Islands,“BVI”)的股东, 这些非合资公司逐渐被合资公司的制造供应链吸收,多年来这些合资公司与非合资公司一直以生产销售一体化的方式运营。Continue Reading 通过BVI法院冻结中国资产–以BVI案件为例解析在境外仲裁及平行民事诉讼中寻求申请临时令救济禁令的风险