TAX v FDQ BVIHCMMAP2024/0029

• Published date: 09 December 2025
• Subject Matter: Litigation, Mediation & Arbitration, Arbitration & Dispute Resolution
• Law Firm: Collas Crill
• Author: Justina Stewart , Rocco Cecere, Matthew Dors, Zachary Hoskin, Lilla Zuill , Michael Adkins and David O'Hanlon

Court: Eastern Caribbean Court of Appeal
Subject: BVI Arbitration Act, interim injunction to restrain arbitration; whether it is just and convenient to grant interim injunctive relief to restrain the respondents from pursuing second arbitration proceedings while an appeal is pending, whether to revoke order of the justice of appeal declaring that a single judge of the Court does not have jurisdiction to grant the interim injunction sought, Court of Appeal's supervisory jurisdiction over arbitration, relevant factors governing grant of injunction pending appeals, anti-suit arbitration injunction
Judges: Hon. Mde. Esco L Henry, Hon. Mr Reginald Armour, Hon. Gertel Thom

Summary

This BVI Court of Appeal decision considers and applies relevant law on when the Court will grant an interim injunction to restrain a second arbitration pending appeals arising from a first arbitration seated in the BVI.

Further details

Procedural background - The parties' 2018 Licence Agreement contained a BVI-seated arbitration clause. The applicant commenced arbitration in 2021. Following an 18-day hearing, the sole arbitrator issued a Final Award in the applicant's favour in February 2023. On...