Tameka Davis

Experience Highlights

• Eastern Caribbean Court of Appeal dismisses appeal brought by Olive Group in a welcome underlining of limited basis on which Court can interfere in the appraisal mechanism and determination of minority discount when considering minority squeeze out provisions.
• Represented Bacardi International Limited in a case involving the ownership of shares in Caribbean Distillers Corporation the company which carries on the Patron Tequila business. Bacardi was successful in obtaining injunctive relief and challenging the appeal of same on procedural grounds. Bacardi was also successful in resisting attempts by the other side to dispute the jurisdiction of the Anguilla Court on forum conveniens grounds.
• Represented Pacific China Holdings Limited in successfully appealing the order of the Commercial Court wherein it was held that the court did not have the jurisdiction to order a petitioning creditor to bear the liability of the remuneration incurred by liquidators, where their appointment was subsequently set aside. This was a groundbreaking case since prior to this decision, there were no reported cases in the jurisdiction or abroad which dealt comprehensively with the question of liability for liquidator’s remuneration in such circumstances.
• Represented JSC BTA Bank in claims for assistance injunctive relief and disclosure. In relation to disclosure in particular the Bank was successful in obtaining Norwich Pharmacal relief against registered agents. A jurisdiction which hereintobefore had been uncertain. The decision that a registered agent can be “mixed up” in the alleged wrongdoing so as to engage the Norwich Pharmacal jurisdiction has revolutionized the practice of obtaining such orders in the BVI against registered agents.
• Represented JSC BTA Bank during the enforcement stage of its claims. Successfully applied for and obtained the registration in the BVI of three English judgments with a total value of approximately US$3 billion. Successfully resisted attempts to have the registration of those English Judgments set aside.
• Represented Talco Management Limited in a case involving an aluminum state-owned enterprise in Tajikistan and was successful in having the claim against it discontinued.
• Represent JSC Kazatomprom a Kazakh state-owned uranium mining company in a claim against its former president and various BVI companies for compensation in the amount of US$540 million and/or the return of Kazatomprom’s valuable mining interests which were misappropriated from him.
• Acted for the liquidator of British American Isle of Venice (BVI) Limited, following the collapse of the British American Insurance Company within the Eastern Caribbean.
• Obtained freezing injunctive relief and ancillary disclosure orders in relation to a dispute which centered on bonds that were issued by the Moscow Region Investment Mortgage Company and the Moscow Region Mortgage Agency both companies affiliated with the Moscow Region. The ostensible purpose of the bond issues was the development of the Moscow Region but it was found that the funds raised through the issuance were being fraudulently misappropriated by Cyprus Defendants.
• Represented Winnington Global Holdings Ltd in an application for assistance injunctive relief in a dispute involving the Republic of Djibouti.
• Represented a BVI company in the successful common law enforcement in the BVI of a Russian Judgment debt in the sum of US$40 million and successfully obtained an order permitting the appointment of receivers post-judgment over the shares in a BVI company.

Professional Background

• Webster Dyrud Mitchell, The Valley, Anguilla
• Garth E. Lyttle & Co., Attorneys-at-Law, Kingston, Jamaica
• The International Bar Association, London, England

Education

• University of London, LLM (specialising in Company and Commercial Law)
• Advanced Certificate in International Arbitration, 2013
• Norman Manley School of Law, Legal Education Certificate (LEC), 2005
• BPP School of Law, Bar Vocational Course (BVC), 2003
• Holborn College, LL.B (Hons), Award for Best Average, 2002
• Lincoln’s Inn Sir Thomas More Scholarship, 2002
• University of the West Indies Faculty of Arts and Humanities Award for Outstanding Performance, 1999
• United World College, Academic Scholarship

Bar Admissions

• British Virgin Islands, Barrister, 2009
• Anguilla, Barrister and Solicitor-at-Law, 2005
• England & Wales, Barrister, 2003 (not currently practising)

Awards & Accolades

• Recognised in the 2021 edition (and since 2012) of Legal 500 Caribbean (dispute resolution)
• Recognised in the 2020 edition (and 2019) of Global Restructuring Review 100
• Recognised in the 2018 edition (and 2017) of Who’s Who Legal (asset recovery)
• Recognised in the 2017 edition of Who’s Who Legal (asset recovery)
• Recognised by the Global Restructuring Review on the 40 Under 40 2016 list

Associations

• Member, Chartered Institute of Arbitrators
• Member, BVI Bar Association
• Member, Restructuring & Insolvency Specialists Association (BVI)
• Director, Women’s Offshore Network (WON)

Offshore Cases

New York Convention provisions on stay trump BVI Arbitration Act, LexisNexis PSL Arbitration (Module), 2016

The Enforcement of International Arbitral Awards in the British Virgin Islands, LexisNexis PSL Arbitration (Module), 2014

What Happens in the Meantime: Interim Measures Under the BVI Arbitration Act, 2013, BVI Finance Newsletter, September 2014

BVI Chapter of the European Lawyer Reference Series of International Civil Fraud Jurisdictional comparisons, December 2013

Professional Directors Duties in BVI Companies, INSOL World, Fourth Quarter 2013

Registered Agents: More than Mere Onlookers, The Lawyer, April 2011