BVI STORIES: BVI BAR ASSOCIATION

BVI STORIES: BVI BAR ASSOCIATION

The British Virgin Islands Bar Association plays a vital role in the jurisdiction, working diligently behind the scenes to ensure the functions of the judiciary operate smoothly at all times and the BVI remains at the forefront of global shifting regulations and developments.

The Bar Association was founded in 1976 with just eight members with the core objective to support the independence of the judiciary and maintain relations between the members of the legal professions, and then of the public. Now with over 200 members, the Bar Association plays a crucial role in maintaining these relationships, ensuring that the public can exercise their right to access the court, as well as ensuring that BVI’s regulatory landscape remains relevant and sensitive to international shifts.

STAYING AGILE IN A FAST-SHIFTING ENVIRONMENT

A robust legislative framework is a vitally important part of any jurisdiction, required to meet both the needs of the public, as well as the international standards. It is also paramount that as an international finance centre, the BVI remains sensitive to the shifting requirements of the international business community –from technological innovations to significant geopolitical events.

Therefore, developing up-to-date legislation that caters for a fast shifting global economic and regulatory landscape remains a top priority for the BVI.

One such regulatory amendment which was a major statutory achievement for the association was the common court remedy which was secured just prior to the pandemic. The remedy gives a court the jurisdictional power to give one party in a dispute the right to access an asset, usually a BVI registered company, who is owned by the opposing party even if that asset is not directly involved in the dispute. This crucial remedy for the public and individuals had been challenged by the Court of Appeal, leading the association to lobby for legislative change and preserve the remedy.

Looking ahead, the association will continue to lobby with the judiciary and the membership when it is necessary to ensure that legislative changes meet the needs of the public and the practice as a whole.

The events of Hurricane Irma and Covid-19 have also supercharged the goal of serving the public and the practice in the most effective way possible. The judiciary had previously worked closely with BVI Financial Services following Hurricane Irma, making good use of its advanced online offering to offer continuous support for the international market. Even in a time of crisis, the collaboration between the sectors allowed for continuous support for both the local community and overseas businesses.

This collaboration provided key insights for the BVI to become one of the first jurisdictions in the region to transition its courts to an electronic platform. The legislation also had to be passed for the courts to be able to accept electronic signatures. The Bar Association has seen how this has increased the pace of court decisions and was able to guide members through the process in order for the transition to be made smoothly and with minimal disruption to businesses.

INVESTING IN THE FUTURE

For the association, another important mission this year has been to promote the legal education of the public and the study of jurisprudence through increasing visibility of presence and impact.

The association is aiming to partner with local schools and organisations to provide a path for individuals to pursue an interest in law. The partnerships will show that the profession, so often hidden from the public eye, is an innovative and pivotal arm of the BVI’s core business offering.

The BVI has a long and proud history of upholding international legal standards. As we look to the future, the Bar Association hopes to inspire the next generation of legal minds who will continue to innovate and modernise the legal system, ensuring that the jurisdiction continues to pursue world-leading legislation.