BVI court declines to enforce awards based on comity (AB CD EF v GH Ltd)

Table of contents

• What are the practical implications of this case?
• What was the background?
• Background to the dispute
• Present proceedings
• What did the court decide?
• Case details

Article summary

Arbitration analysis: The BVI court held that it was entitled to refuse enforcement of an award on the basis of comity, ie, where it contravened the public policy of a friendly state. This judgment is a must-read for those involved in enforcing foreign arbitral awards in the British Virgin Islands (BVI) to the extent that these might be tainted by illegality since it provides insight into the process followed by, and the margin of discretion available to, the BVI courts in refusing enforcement on the basis of illegality under a foreign law as well as the manner in which such discretion is to be exercised by the BVI courts. Written by Dr Gordon Blanke, founding principal, and Farhan Shafi, associate, both at Blanke Arbitration.