The British Virgin Islands has already built the foundations of a world-class arbitration jurisdiction. The next step is clear: use it.
That was the central message from Dame Janice Pereira, who delivered a compelling keynote at the J.S. Archibald Lecture during Arbitration Week - March 26th, urging legal practitioners and stakeholders to take a more deliberate and strategic approach to arbitration in the BVI.
Speaking to an audience of regional and international practitioners, Dame Janice emphasized that the BVI has moved beyond aspiration and into execution.
“The Centre has been demonstrating its capacity to undertake the management and operation of actual proceedings,” she said, pointing to the continued expansion of arbitrators, specialists, and technical experts, as well as growing international partnerships.
At the heart of this progress is the BVI International Arbitration Centre, which she described as actively building relationships with arbitral institutions, professional organisations and chambers of commerce globally, while continuing to invest in training and capacity building.
A Clear Call to Action
However, Dame Janice made it clear that infrastructure alone is not enough.
“With a large number of BVI incorporated business companies engaged in multinational transactions, it is more than a reasonable expectation that legal advisors… should now have a level of comfort in advising their clients of the utility of arbitration,” she said.
She urged practitioners to go further, calling for arbitration to be embedded as a standard feature of commercial agreements.
“We have the framework, and we must put it to use,” she stated.
Her remarks extended beyond international transactions, noting that domestic agreements should also deliberately incorporate arbitration provisions as a mechanism for resolving disputes efficiently.
A Modern Framework Backed by a World-Class Court
Dame Janice underscored that the BVI’s arbitration regime is underpinned by a modern legislative framework aligned with international standards, ensuring that arbitral awards are globally enforceable.
Equally important is the role of the Eastern Caribbean Supreme Court, particularly its Commercial Division in the BVI, which she described as “world class and well respected around the world.”
“The way to see it is that the court and arbitration enjoy a symbiotic relationship,” she explained.
She noted that the Court has consistently taken an arbitration-friendly approach, holding parties to their agreements and staying or dismissing proceedings where arbitration clauses apply.
At the same time, the Court provides critical support to the arbitral process through interim measures.
“The Court has not shied away from… granting injunctions to stop rival litigation or to freeze and preserve assets when arbitration is ongoing,” she said.
Enforcement with Teeth
A key theme of the address was the strength of enforcement mechanisms available in the BVI.
Dame Janice highlighted that arbitral awards are not merely symbolic, but can lead to tangible outcomes.
“You can certainly then go for winding up that company… wherever their assets may be,” she noted, illustrating how arbitral awards can translate into real commercial pressure.
She added that the courts stand ready to “recognise and lend [their] coercive power to enforcement of arbitral awards,” reinforcing confidence for international users.
Strategic Advantages of the BVI
Beyond legal and institutional strengths, Dame Janice pointed to the broader advantages of the jurisdiction.
She highlighted the BVI’s stable political environment, sophisticated professional services sector, and strong reputation for facilitating cross-border transactions.
Geographically, she noted, the BVI is uniquely positioned.
“It is that place… close enough to North America, close enough to South America, and of course, close to every island in the Caribbean,” she said.
Importantly, she also underscored the value of discretion.
“You’re still assured of minimal media interest in relation to the conduct of hearings… much less still in the conduct of arbitrations,” she added.
Raising the BVI’s Global Profile
While acknowledging the significant progress made, Dame Janice stressed that continued success will depend on deliberate action.
“What we must do is be deliberate and strategic in raising the profile of the BVI as a jurisdiction of choice,” she said.
She pointed to initiatives such as Arbitration Week, international partnerships, and training programmes as key tools in promoting the jurisdiction and attracting global expertise.
“This collaborative approach… will ensure that the BVI continues to punch above its weight,” she added.
A “Happy and Beneficial Marriage”
In concluding, Dame Janice captured the essence of the BVI’s dispute resolution offering.
“Litigation… has met its match with arbitration,” she said, describing the relationship as “a happy and, I dare say, beneficial marriage.”
She characterised the combination of a modern arbitration framework and a responsive commercial court as a “masterstroke,” positioning the BVI as a one-stop jurisdiction for high-quality dispute resolution.
“The BVI International Arbitration Centre… has unmistakably established its place alongside its partner in the Commercial Court as one with the capacity to provide dispute resolution services with global impact,” she concluded.
Her message was clear. The BVI has built the system. The opportunity now is to fully embrace it.