Discussing the benefits of using BVI courts for cross-border restructuring but also potential obstacles

Where a group’s holding company is incorporated in the British Virgin Islands (BVI), it has access to the BVI courts for the purpose of attempting to restructure its debts. This article discusses restructuring options available via the BVI courts (with a case study to illustrate an increased willingness of the judiciary to assist struggling companies that have a realistic prospect of trading their way out of difficulty), and potential obstacles to such restructuring.

This article first appeared on LexisPSL on 14 November 2022.