英屬維爾京群島從5月25日起加入《紐約公約》

1、英屬維爾京群島從 5 月 25 日起加入紐約公約2月26日GAR的一則報道提到，從5月25日起，伴隨 著英屬維爾京群島（ “BVI ”）新的仲裁法開始實施， 紐約公 約將被擴展至 BVI 。但是，截止今日，編者還無法從 BVI 政府網(wǎng)站或聯(lián)合王國外交和英聯(lián)邦事務部等權威渠道核實 這一消息。在此之前，公約裁決根據(jù) BVI 1976 年仲裁法，已經(jīng)可以 在 BVI 得到承認和執(zhí)行； 但由于 BVI 尚未成為公約成員， 因 此在 BVI 作出的裁決并不具有公約裁決那樣的域外執(zhí)行前旦 景。盡管如此， 由于 BVI 并不是熱點仲裁地， 短期來看這一變化 帶來的影響仍然有限。附上 Harneys 律師事務

2、所今年一月的文章（當時公約擴展至 BVI 尚未得到批準） 。BVI passes new Arbitration ActAuthor:Colin RiegelsPublication Date:23 January 2014On 17 December 2013 the British Virgin Islands House of Assembly had the third and final reading of the new Arbitration Act 2013. The Act was published in the Official Gazette on 23 Januar

3、y 2014 and will come into force on a date to be announced. The new Arbitration Act waspart of the work produced by the Arbitration Focus Group, a committee comprised jointly of public and private sector representatives tasked with modernising the jurisdiction arbitration framework. The main focuses

4、of the committee were:Updating the Territory 's arbitration legislation (which ultimately resulted in the new Act)Procuring the extension of the New York Convention to the BVICreating an administrative body to facilitate arbitration in the jurisdictionModernising the legislationPrior to the curr

5、ent enacted, arbitration in the British Virgin Islands was regulated under the Arbitration Act (Cap 6), which was a synthesis of the English Arbitration Acts of 1950 and 1975. The previous legislation was regarded as unsuitable for modern cross-border arbitration. Previous attempts at reforming the

6、jurisdictions arbitration laws were not successful.The new Arbitration Act broadly has three key features:It incorporates the UNCITRAL model law on arbitration (as amended, at 7 July 2006) into British Virgin Islands domestic law (with certain minor modifications)It modernises the provisions for the

7、 enforcement of foreign arbitration awards in the British Virgin IslandsIt contains provisions for the creation of a new statutory body: the BVI International Arbitration Centre (or BVI IAC).To bolster theUNCITRAL provisions (which essentially relate to the proper conduct of an arbitration) the new

8、Act also confers various additional powers on the British Virgin Islands courts to support and assist the conduct of arbitration proceedings. However court proceedings which are commenced in defiance of a valid arbitration clause will still be subject to an automatic stay.Enforcement of foreign awar

9、dsUnder the old Arbitration Act there were multiple mechanisms for enforcing foreign awards, of which only some were available in reference to awards from particular jurisdictions. Sensibly the new Act simply make provision for a single test for enforcement, predicated on the New York Convention req

10、uirements.New York ConventionThe external relations of the British Virgin Islands are managed by the Foreign & Commonwealth Office and so the accession of the British Virgin Islands to the New York Convention is not dealt with directly in the new Act. However, the statement of objects and re

11、asons annexed to the Bill in the House of Assembly notes“it is critical that the New YorkConvention is extended to the Virgin Islands. This process is already in trend sic in liaison with the Governor's Officethe Foreign and Commonwealth Office and it is the hope that the extension of the Conven

12、tion to the Virgin Islands would beachieved by the time the Bill (upon enactment) is brought into force. The Bill fully complies with the requirements of the New York Convention.” Exemption from stamp duty and localtaxesUnder the old Act, arbitration awards were subject to stamp duty at 0.1% of the

13、amount of the award. The new Act provides that awards are exempt from local stamp duty and from any charges imposed under either the Income Tax Act (although income tax is presently assessed at zero per cent. in the Territory) or the Payroll Taxes Act. The incoming tideAlthough many offshore and mid

14、shore jurisdictions are seeking to market themselves as arbitration centres, reform in the British Virgin Islands was more pressing. For many years it was standard to include in the memorandum and articles of association of a British Virgin Islands an arbitration provision in the event of a dispute. In Zanotti v Interlog Finance(BVIHCV 2009/0394) the British Virgin Islands Commercial Court confirmed that such arbitration provisions are valid as a matter of British Virgin Islands law, and in approp