British Virgin Islands International Arbitration Centre (BVIIAC)

The seat of the arbitral institution is located in Road Town, Tortola, British Virgin Islands.

The governing body of the BVIIAC is the BVI International Arbitration Centre Board.

The British Virgin Islands International Arbitration Centre (BVIIAC) is a body corporate with perpetual succession. There is a five member Board of Directors of the BVIIAC and a Secretariat headed by a Chief Executive Officer appointed by the Board. The Secretariat serves as the registry for the proceedings and provides administrative services tpo the parties in arbitration.

The parties are not obliged to draw from the panel of arbitrators maintained by the BVIIAC. 

The parties are free to agree on the place of arbitration. Failing such agreement, the place of arbitration shall be Road Town, Tortola, British Virgin Islands, unless the arbitral tribunal determines, having regard to the circumstances of the case, that another seat is more appropriate. 

The registration fee is US $1,500.00 and it is non-refundable. 

Using the fee calculator on the BVIIAC's website, the estimated average cost is US $49,500.00 plus a minimum adminstration fee of US $2,500.00. The estimated maximum cost is US $66,000.00 plus a minimum administration fee of US $2,500.00. There may also be an additional deposit in the form of a 15% mark-up on the estimated maximum fee for the expenses and/or disbursements of the tribunal and BVIIAC.

Using the fee calculator on the BVIIAC's website, the estimated average cost is US $1,014,750.00 plus a minimum adminstration fee of US $2,500.00. The estimated maximum cost is US $1,353,000.00 plus a maximum adminstration fee of US $2,500.00. There may also be an additional deposit in the form of a 15% mark-up on the estimated maximum fee for the expenses and/or disbursements of the tribunal and BVIIAC. 

Using the fee calculator on the BVIIAC's website the estimated average cost is US $646,125.00 plus a minimum administration fee of US $2,500.00. The maximum cost is US $861,500.00 plus a minimum adminstration fee of US $2,500.00. There may also be an additional deposit in the form of a 15% mark-up on the estimated maximum fee for the expenses and/or disbursements of the tribunal and BVIIAC. 

The Secretariat may request that the parties deposit an equal amount or amounts in such proportions as it may determine, as advances on costs. 

The BVIIAC has formalistic procedures which regulate the conduct of cases submitted. These procedures are set out in the BVIIAC Arbitration Rules (2016). 

The default language is English, but there is no restriction on the language used to communicate with the BVIIAC.

The main point of contact for the parties within the BVIIAC is the Secretariat, headed by the Chief Executive Officer ("CEO").  The current CEO is Mr. Francois Lassalle.

Subject to an agreement between the parties, the arbitral tribunal shall determine the language or languages to be used in the proceeding. 

A substitute arbitrator is appointed pursuant to the same procedure used for the appointment of the arbitrator being replaced. 

Yes.  Our rules provide that in multi-party arbitrations, the method of appointment of arbitrators is unless the parties have agreed otherwise, that the multiple parties jointly, whether as claimants or respondents, shall designate an arbitrator or arbitrators. 

Oral hearings are not compulsory, but in the event that oral hearings are required, the arbitral tribunal shall give the parties adequate advance notice of the date, time, and place of the hearing. 

Evidence may be given orally or in writing in the form of statements signed by the witnesses. The arbitral tribunal may require parties to produce documents or other evidence and will determine the admissibility, relevance, materiality, and weight of the evidence offered.

It varies. The duration will depend on the nature and complexity of the claim.

There are no fixed time frames for rendering awards.

The arbitral tribunal may extend time limits if it concludes than an extension is justified. 

The arbitral tribunal may, at the request of a party, impose interim measures. The Court may, on the application of a party, grant interim measures in relation to any arbitral proceedings which have been or are commenced in or outside the Virgin Islands. The Court may decline to grant an interim measure on the grounds that (a) the interim measure sought is currently the subject of arbitral proceedings, and (b) the Court considers it more appropriate for the interim measure sought to be dealt with by the arbitral tribunal.

No

No

The arbitral tribunal shall submit its award in draft form to the Secretariat of the BVIIAC. The Secretariat may suggest modification as to the form of the award and may draw the arbitral tribunal's attention to points of substance. 

Costs usually follow the event.

An arbitral award can be set aside and the basis for so doing correspond in principle to the basis for refusing to enforce an arbitral award according to the New York Convention.

http://bviiac.org/Portals/0/Files/Arbitration%20Documents/20161125BVIIACArbitrationRules-clean.pdf

http://bviiac.org/Portals/0/Files/Arbitration%20Documents/2016BVIIACArbitrationClause.pdf