Malcolm Arthurs
Contact
MKS Law
3rd Floor, Flemming House
2 Fishlock Road, Road Town
Tortola, VG 1110
British Virgin Islands
“He is an excellent advocate.”
- Who's Who Legal
Overview
One of our most experienced barristers, Malcolm started his practice in Jamaica over 18 years ago, undertaking general commercial litigation at a leading firm.
On moving to the British Virgin Islands in 2006, his practice shifted to cross-border insolvency litigation and fraud and asset recovery cases.
Since joining MKS Law in 2010, Malcolm has been involved in a number of significant multi-jurisdictional cases in jurisdictions such as Cyprus, Lichtenstein, Switzerland, Slovakia, Russia, Ukraine, Brazil, Cayman, Belize, Dominica and Antigua.
He acts as lead advocate on our litigation team for the joint liquidators of Stanford International Bank.
Today, Malcolm is recommended as a Thought Leader in Asset Recovery by Lexology Index.
“Malcolm has significant regional experience which is incredibly helpful”
- Who's Who Legal
Expertise
- Asset Recovery
- Commercial Litigation
- International Insolvencies
- High Value Divorce
- Family Succession Fraud
- Disclosure & Interim Freezing Orders
- Arbitration
Practice
- Admitted to practice in Jamaica
- Admitted to practice in the British Virgin Islands
- Admitted to practice in St Vincent and the Grenadines
- Admitted to practice in Dominica
- Admitted to practice in Antigua and Barbuda
- Admitted to practice in St. Kitts and Nevis
- Admitted to practice in Belize
Awards
- Lexology Index: Thought Leader (Global Investigations Review)
- Lexology Index: Recommended (Asset Recovery)
Cases
- ANUHCV 2012/0319 Stanford International Bank (in Liquidation) vs Francis Vingerhoedt and Robert Allen Stanford: Malcolm represented the joint liquidators of Stanford International Bank and obtained a US$3.2 billion judgment against Robert Allen Stanford for losses suffered by the Bank during Mr Stanford’s tenure as president and CEO.
- BVI HC COM 2019/012 Nissan Motor Co. and Another v. Carlos Ghosn and Others; BVI HC COM 0416 of 2024 Nissan Motor Company v Registrar of Corporate Affairs; BVI HC COM 0417 of 2024 Nissan Motor Company and Nissan Middle East FZE v Beauty Yachts PTY Ltd: Malcolm represented Nissan Motor Company in freezing BVI marine and corporate assets, and obtaining a judgment for $32 million damages and recovery of a superyacht, which were wrongfully dissipated out of Nissan by its then-CEO, Carlos Ghosn.
