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Articles

Legal analysis by Harneys lawyers

BVI - Arbitration in the BVI: an introduction

The BVI International Arbitration Centre (IAC) opened on 16 November 2016 and the BVI IAC Rules (the BVI Rules) came into force on the same date giving full force to the Arbitration Act 2013 effective as of 1 October 2014 in the British Virgin Islands...

Litigation - ​Drafting the perfect arbitration clause

A reference to the “perfect arbitration clause” is always likely to be a little controversial. It suggests that somewhere there lies a precedent for a perfect clause, waiting to be discovered in some cave like the Dead Sea scrolls, or the...

BVI - LatAm focus: litigating trusts disputes in the BVI

The British Virgin Islands has long been hailed as a leading offshore jurisdiction for wealth management and asset protection amongst Latin American high net worth families and individuals. Over the next four years, Latin American HNWIs, family offices...

Asia - Will Brexit have an impact on offshore financial services?

Now that the United Kingdom has served notice to leave the European Union under Article 50 of the Lisbon Treaty, managers of offshore funds have a clearer timetable for when Brexit will happen, with the UK scheduled to leave the EU in March 2019. The...

Tax and Regulatory - A comparative study on CRS and FATCA: British Virgin Islands

This article was originally published in China Business Law Journal in February 2017, click here to access. The Common Reporting Standard (CRS) is the standard for the automatic exchange of financial account information produced by the OECD, which...

Tax and Regulatory - Russia Sanctions and the use of EU-based holding companies and SPVs

This Article examines in summary whether EU-based subsidiaries of the sanctioned Russian state-owned entities listed in Council Regulation (EU) 833/2014 (Regulation 833) may fall within the scope of the all-important capital market and lending...

Tax and Regulatory - The Cyprus position - ESMA publishes practical guide on transparency directive major holdings notification regime

The European Securities and Markets Authority (ESMA) has published a practical guide (Guide) providing an overview of the national rules of each Member State for the major holdings notification regime provided for under EU Directive 2004/109/EC on...

Shipping and Aircraft - Importation of yachts into the BVI

​ The primary issues that a person intending to import a yacht into the BVI needs to consider are import duties and satisfaction of any applicable regulatory/licensing requirements. The starting point takes us to the Customs Management and...

Investment Funds - A comparison of Cayman and US funds

In a recent interview with HFM Week, Harneys Partner Ian Gobin compared Cayman and US funds and discusses how Cayman continues to lead the market. The full interview was published in February 2017 in their report, How to start a Hedge Fund in the...

Restructuring and Insolvency - Judges lead the way on cross-border insolvency initiatives

The last decade has exposed the bankruptcy courts across the globe to a large volume of international work, and with that experience in mind, the Judicial Insolvency Network (JIN) held its inaugural meeting in Singapore in late 2016, as outlined in...

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