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Arbitration in the British Virgin Islands is regulated principally by the Arbitration Act, 2013〔No. 13 of 2013.〕 which came into force on 1 October 2014.〔(【引用サイトリンク】title=BVI’s Arbitration Act 2013 is now in force )〕 Prior to that date, arbitration was regulated by the Arbitration Cap, 1976 (Cap 6). The Arbitration Act is based heavily on the UNCITRAL Model Law on International Commercial Arbitration, but modified slightly for application under British Virgin Islands law.〔(【引用サイトリンク】title=BVI passes new Arbitration Act )〕 Where the parties have agreed in writing that disputes between them are to be resolved by arbitration, the courts must stay any court proceedings in favour of arbitration unless the court determines that the agreement is void.〔Arbitration Act, section 18(1) (incorporating UNCITRAL Model Law, article 8).〕 The Arbitration Act provides for the creation of a new statutory body called the BVI International Arbitration Centre.〔Arbitration Act, section 93.〕 However, the organs of that body have not yet been appointed. Draft subsidiary legislation, the BVI IAC Rules, have been circulated for private sector comment, but not yet brought into force. Accordingly, at present all arbitration in the British Virgin Islands is conducted as ''ad hoc'' arbitrations. ==New York Convention== The British Virgin Islands acceded to the 1958 New York Convention on 25 May 2014. Prior to that date it was possible to enforce arbitral awards from New York Convention states under the old Arbitration Cap, 1976 which had incorporated the provisions of the Convention into domestic law with effect to the recognition of overseas arbitration awards. However, it was not reciprocal - it was not possible at the time to have a British Virgin Islands arbitration award recognised in another Convention state under the 1958 Convention. The British Virgin Islands courts may only decline to recognise a foreign arbitral award from a Convention state on the following grounds:〔Arbitration Act, section 86.〕 # that a party to the arbitration agreement was, under the law applicable to that party, under some incapacity; # that the arbitration agreement was not valid ## under the law to which the parties subjected it; or ## if there was no indication of the law to which the arbitration agreement was subjected, under the law of the country where the award was made; # that the person ## was not given proper notice of the appointment of the arbitrator or of the arbitral proceedings; or ## was otherwise unable to present his case; # that the award ## deals with a difference not contemplated by, or not falling within, the terms of the submission to arbitration; or ## contains decisions on matters beyond the scope of the submission to arbitration; # that the composition of the arbitral authority or the arbitral procedure was not in accordance with, ## the agreement of the parties; or ## if there was no agreement, the law of the country where the arbitration took place; or # that the award ## has not yet become binding on the parties; or ## has been set aside or suspended by a competent authority of the country in which, or under the law of which, it was made. # the award is in respect of a matter which is not capable of settlement by arbitration under the laws of the British Virgin Islands; or # it would be contrary to public policy to enforce the award. An award which contains decisions on matters not submitted to arbitration may be enforced to the extent that the award contains decisions on matters submitted to arbitration which can be separated from those on matters not so submitted. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Arbitration in the British Virgin Islands」の詳細全文を読む スポンサード リンク
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