Mediation in Virgin Islands (British)

Quick Facts

• Legal Framework: British Virgin Islands enacted modern Arbitration Act in 2013 based on UNCITRAL Model Law on International Arbitration (1985 as amended 2006), effective from 1 October 2014. BVI became party to New Yo...
• Cultural Approach: Arbitration and mediation increasingly prevalent as parties become more familiar with potential benefits. Rising tide of international arbitration in Caribbean with BVI taking its place in world of in...
• Typical Costs: ADR designed to provide efficient dispute resolution. Costs determined by Arbitration Act provisions and BVI IAC institutional rules. BVI IAC has revised fee schedules aligned with international stand...

Mediation Research

Legal Framework

British Virgin Islands enacted modern Arbitration Act in 2013 based on UNCITRAL Model Law on International Arbitration (1985 as amended 2006), effective from 1 October 2014. BVI became party to New York Convention on 25 May 2014, making awards enforceable in over 160 jurisdictions worldwide. The Act created BVI International Arbitration Centre (BVI IAC) as independent, not-for-profit institution. BVI IAC is governed by Board established under the Act. Arbitration and mediation are increasingly prevalent as parties become more familiar with potential benefits. Litigation continues to be dominant but ADR gaining traction. BVI is arbitration-friendly jurisdiction with world-class arbitration hearing centre.

Court System

Courts recognise and enforce arbitration agreements under Arbitration Act 2013. BVI courts are arbitration-friendly and support arbitration process. Litigation remains dominant method but ADR becoming more prevalent. Courts can assist in appointment of arbitrators and enforcement of awards. The judiciary supports arbitration as efficient alternative to litigation. Further research needed on specific court-annexed mediation programs.

Mediator Regulations

BVI IAC provides arbitration and mediation services with diverse and strong panel of arbitrators from around the world. Professional standards established through Arbitration Act 2013 and institutional rules. BVI IAC has revised rules aligned with international standards. BVI Arbitration Group comprises arbitration practitioners committed to arbitration and IAC. Further research needed on specific mediator certification processes.

Cultural Approach

Arbitration and mediation increasingly prevalent as parties become more familiar with potential benefits. Rising tide of international arbitration in Caribbean with BVI taking its place in world of international arbitration. The approach values alternative dispute resolution mechanisms for efficient settlement. Litigation continues to be dominant but ADR gaining traction. BVI experiencing growth in use as arbitral institution and hearing centre of choice.

Typical Costs

ADR designed to provide efficient dispute resolution. Costs determined by Arbitration Act provisions and BVI IAC institutional rules. BVI IAC has revised fee schedules aligned with international standards. Costs typically shared between parties unless otherwise agreed. Professional mediator fees generally range from USD 300-800 per hour for commercial mediation. World-class arbitration hearing centre provides modern facilities.

Sources

• Arbitration Act 2013 (legislation)
• British Virgin Islands International Arbitration Centre (organization)
• British Virgin Islands: Recent Developments In Arbitration - IFC Review (article)
• Global Arbitration Review - BVI IAC (organization)
• New York Convention - British Virgin Islands (organization)
• Singapore Convention on Mediation - Jurisdictions (organization)

States and Regions