The “Intelligence Briefing: British Virgin Islands” at OffshoreAlert Miami 2025 delivered a detailed look at how the Territory combines statutory innovation, court room speed and modern arbitration facilities to support more than 360 000 active companies worldwide. The panel was led by asset recovery lawyer Martin Kenney of MKS LAW, with insights from Andrew Emery (Emery Cooke) and Shan Greer (BVI International Arbitration Centre).
Corporate Landscape and Economic Impact
Kenney reminded delegates that the islands have grown from “about a thousand people” in 1960 to roughly 35,000 permanent residents today, yet now host 360,000 BVI Business Companies. He said annual maintenance fees “put in government coffers” close to sixty per cent of public revenue. Citing estimates of “$1.5 trillion value in the aggregate balance sheet” of BVI companies, Kenney described the jurisdiction as “an important piece of infrastructure, of plumbing … of the movement of capital in the last 40 years.”
Emery added context, noting that “the British Virgin Islands are a British, overseas independent, territory,” and therefore enjoy the stability of English common law while remaining tax neutral. He compared the Territory’s corporate registry to Delaware’s, emphasising its popularity with emerging market investors from Asia, Africa and Latin America.
Kenney stressed that the vast majority of entities are legitimate: “Well, more than 97 % … are involved in good dealing in benign commercial activities.”
Judicial Tools: Freezing Orders, Disclosure and Appeals
Since its 2009 launch, the BVI Commercial Court has become a preferred venue for high value shareholder and insolvency disputes. Emery recalled that the court pioneered the “stand alone freezing injunction,” sometimes labelled a Black Swan order—“a standalone freezing injunction” that can be issued without a substantive BVI claim. When such orders are granted, registered agents must produce underlying ownership material within days.
Both speakers highlighted the absence of judicial misconduct. Kenney said that in more than twenty years he has “not seen a whiff, judicial corruption ever,” and he credited final appeal to the UK Privy Council for reinforcing confidence in rulings that routinely deal with multi billion dollar structures.
Yet the system is stretched. Pointing to a rising tide of crypto asset collapses and shareholder fights, Kenney told delegates, “We need a third judge,” arguing that additional judicial capacity would accelerate recoveries and corporate certainty.
Arbitration Centre: Tech Forward and Confidential
Greer explained that the BVI International Arbitration Centre (IAC) was created “as part of the natural evolution of the British Virgin Island itself.” She said arbitration awards made in the BVI can be enforced in “more than 170 countries under the New York Convention.” Describing the Centre’s facilities, she listed “high definition video conferencing, soundproofing, backup Internet and power systems, and multiple secure communication channels,” emphasising that virtual hearings “are not a stop gap or a second best option. They’re fully integrated into how we operate.”
The IAC is also positioning itself for digital asset matters. Greer noted that some studies rank the BVI as “the second largest economy in the world for crypto,” and the Centre is already fielding disputes about token investments, smart contracts and asset misappropriation.
Transparency and Regulatory Cooperation
Emery highlighted the BVI’s collaboration with overseas regulators, pointing out that the UK Serious Fraud Office has “24 hour access” to the BVI’s beneficial ownership database. Kenney added that the BVI has executed “almost one hundred” information exchange agreements, enabling foreign tax and enforcement authorities to request data swiftly.
OffshoreAlert Miami drew more than 400 investigators, lawyers, regulators and fund managers for three days of panels on fraud, asset tracing and crypto enforcement. The BVI fielded a substantial delegation that included officials from BVI Finance, the Financial Services Commission and numerous private sector practitioners, reflecting the jurisdiction’s commitment to transparency and global engagement. Conference founder David Marchant said their presence “gives delegates a 360 degree view of how the jurisdiction really works.”
Now in its seventeenth year, OffshoreAlert Miami is a leading forum for professionals focused on high value, cross border finance and investigations.
About BVI Finance
BVI Finance is responsible for protecting and promoting the BVI’s financial services industry. The BVI is renowned as a leading international business and finance centre, offering a robust legal framework, a stable and business-friendly environment, and a strong reputation for regulatory compliance. With its strategic expertise in wealth management, corporate services, trusts, fund administration and digital assets, the BVI continues to attract global businesses, investors and financial professionals to use its products and services.
For further information please contact:
Shamahl A. Smith
Communications and Research Officer
ssmith@bvifinance.vg |Tel: 284-852-1957