• TECHNOLOGY
BRITISH VIRGIN ISLANDS
MY ADVICE...
ADR in
Establish Robust Governance Frameworks: Implement clear policies, procedures, and accountability measures to govern the development, deployment, and ongoing monitoring of AI systems. This includes defining roles and responsibilities, establishing ethical guidelines, and implementing rigorous testing and validation processes.
processes as explainable as possible. This can help mitigate liability concerns by allowing for better understanding and oversight of AI-driven actions. Proactively Manage Data and Privacy Risks: Carefully manage the data used to train and operate AI systems, ensuring compliance with relevant data protection and privacy regulations. Implement robust data security measures and be prepared to address potential data breaches or misuse of personal information.
privacy and data protection norms. In some cases, the end-users, such as businesses or individuals who utilise AI systems for specific tasks, may also be held accountable for how they use the technology. This is particularly true if they use AI in ways that were not intended or without adequate oversight, leading to harmful outcomes. Companies and organisations that base decisions on insights or recommendations provided by AI systems need to ensure that they critically evaluate such outputs. They should not blindly trust AI decisions, especially in critical areas affecting people’s lives and rights. To effectively manage AI-related liabilities, it is essential that we establish clear governance frameworks that define roles, responsibilities, and accountability mechanisms for AI systems and that persons and companies using AI systems do so with oversight and accountability. The BVI however does not yet have a framework for AI use and there are not many discussions in the BVI on the same.
the BVI
Ensure Transparency and Explainability: Strive for transparency
in how AI systems make decisions, and work to make the underlying logic and decision-making
Nelcia St. Jean Partner McW Todman & Co
enforcement of arbitration awards both locally and internationally. • Professional Infrastructure: The BVI International Arbitration Centre provides state-of-the-art facilities for ADR proceedings. Additionally, the BVI boasts a pool of skilled legal
infringements and actionable matters in the British Virgin Islands (BVI). We still, however, find that actionable matters are brought from the direct knowledge of parties of when they are wronged or discover the wrong. Q3 What questions does AI pose for liability – who is accountable for the actions of AI and has your jurisdiction prepared for the question? Accountability for the actions of AI systems is a complex issue that involves various stakeholders, each with specific responsibilities to ensure that AI technologies are developed, deployed, and used in a manner that is ethical, lawful, and respects
Q1 How should parties seek and agree a seat for ADR, and what advantages does your jurisdiction offer? When selecting a seat for alternative dispute resolution (ADR) proceedings, such as arbitration or mediation, parties should carefully consider several key factors to ensure the chosen jurisdiction aligns with their needs and preferences.
• Logistical Convenience: Considerations such as accessibility,
professionals experienced in international law and ADR.
quality of local ADR facilities, and the availability of skilled legal and ADR professionals.
Q2 Have you seen or do you expect to see a rise in the use of AI to discover infringements and actionable matters? We have not seen a rise in the use of AI to discover infringements and actionable matters in the BVI. In fact, there is no mechanism or technology to monitor the discovery of
Advantages of the British Virgin Islands (BVI) as an ADR Seat: • Modern Legal Framework: The BVI Arbitration Act 2013
“To effectively manage AI-related liabilities, it is essential that we establish clear governance frameworks.”
Nelcia St. Jean has over 18 years’ experience practising law in the British Virgin Islands and has a very wide range of experience in contentious and non-contentious corporate and commercial, probate and estate and property matters, which has provided her with a unique perspective and an ability to handle complex matters with a delicate, commercial and practical approach. She has gained a vast knowledge working in the Financial Services Industry all of her legal career. She is well known for finding creative solutions to complicated legal situations. She is highly regarded by clients for her responsiveness and ability to identify and anticipate their needs, as well as to provide practical legal advice and strategic guidance throughout each engagement. During her career she has also held the position of Money Laundering Reporting Officer, Compliance Officer and Managing Director of a trust company. Nelcia has appeared in the Commercial Court of the Eastern Caribbean Supreme Court (Virgin Islands) and has had conduct of many matters in the Civil Division of the Eastern Caribbean Supreme Court (Virgin Islands) in respect of companies and company disputes.
and the establishment of the BVI International Arbitration Centre provide a contemporary legal framework aligned with international
best practices, including the UNCITRAL Model Law on
Key Factors to Consider for Selecting an ADR Seat: • Legal Framework: The
International Commercial Arbitration. • Neutral Jurisdiction: Recognised as a politically stable and neutral jurisdiction, the BVI is an essential factor for parties seeking a fair and impartial venue for resolving disputes. • Experienced Judiciary: The BVI Commercial Court specialises in handling complex commercial disputes, including those arising from ADR proceedings. The judiciary is experienced and well- versed in ADR matters. • Confidentiality Protections: The BVI offers strong confidentiality and privacy protections for ADR proceedings, safeguarding sensitive commercial information. • Enforcement of Awards: Adherence to the New York Convention ensures the efficient and effective
jurisdiction’s legal infrastructure supporting ADR, including
modern arbitration laws and the enforceability of awards, is crucial. • Neutrality and Impartiality: The seat’s perceived neutrality and impartiality can significantly impact the fairness and balance of the proceedings. • Judicial Support: Efficient and supportive local courts that respect the autonomy of the arbitration process and provide necessary assistance without undue interference. • Confidentiality: The extent to which the jurisdiction protects the confidentiality of the proceedings and the outcome.
About us... mctodman.com McW Todman & Co is a small legal firm founded by the late Dr. McWelling Todman CBE, QC in 1969, and continues to grow and strive in the fast-paced international legal environment that characterises the Virgin Islands. The Firm is ranked as one of the top litigation practices in the Virgin Islands and specialises in corporate/ commercial law, real estate, family matters, intellectual property, Conveyancing, Family Law and Estate Planning and Probate and offers discreet service to clients in company formation and management through its wholly owned
subsidiary McNamara Corporate Services Limited. We provide legal services in our selected practice areas commensurate with the quality and expertise of the big firms but in a personalised client-sensitive manner, with an unwavering commitment to responsiveness, efficiency and professionalism. We serve a wide range of clientele, and value every client relationship greatly. Each engagement benefits from the depth and breadth of our expertise. We approach every client with a focus on integrity, advocacy and understanding.
+1 284 494 2810 nstjean@mctodman.com irglobal.com/advisor/nelcia-st-jean
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