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ADR & PCCs: the use of arbitration & expert determination in a protected cell or segregatated cell company inter-cellular dispute


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Grant Jones - I have an academic interest in protected cell companies (PCCs). PCCs are also called Segregated Account Companies or Segregated Portfolio Companies. As to 'what is a PCC', please see my seminar, which also address PCCs & Alternative Dispute Resolution ("ADR). My academic interest is from the legal and accounting aspects, and encompasses PCC ADR. However it is an academic interest, as PCCs, whilst rapidly growing in presence, are still a relatively uncommon corporate structure. Added to this very few PCC jurisdictions have statutory ADR built into their PCC legislation. Whilst I have been appointed many times as an arbitrator, I have never been appointed as an arbitrator over an inter-cellular PCC dispute. Thus my interest is, certainly at this juncture, entirely academic.

PCCs use ADR uniquely as statute sometimes requires inter-celluar disputes be settled by ADR. Given that cells have no legal personality, this requirement is academically interesting. What jurisdictions require ADR solutions and what problems arise from ADR in PCCs? Is arbitration the preferred PCC solution, or is it expert determination, or is a regulatory prescription the best outcome in PCC inter-cellular disputes?

The purposes of these webpages are to start to analyse these questions. The success of PCCs has spawned a rival, the Incorporated Cell Company ("ICC"). In an ICC, the cells do have a separate legal personality. Whilst ICC legislation does sometimes require inter-cellular ADR, given the separate legal personality of each cell, the conceptual ramifications are less for ICCs than for PCCs. Consequently these webpages concentrate on PCCs If you have an academic (or other) interest in PCCs, please feel free to contact me.

Both the US & the UK Overseas Territories contain 'major PCC jurisdictions', & hence have been given their own webpages. These webpages can be accessed by clicking on either the US flag, or the UK Overseas Territories image below.

My co-authored PCC book
Protected Cell Company Statute
Arbitration Statute
PCC Statute & ADR Provision
New York Convention
ADR & Insolvency
Alderney (Same as Guernsey)
Arbitration (Alderney) Law, 1983

Anguilla Anguillan Protected Cell Companies Act 2004

Bahamas Bahamian Segregated Accounts Companies Act 2004 Bahamian Arbitration Act 1899

Barbados Barbadian Companies Act 2002 Barbadian International Commercial Arbitration Act 2007

Belize Belize Arbitration Act 2000 Belize Arbitration Act 2000

Bermuda Bermudan Segregated Accounts Companies Act 2000 Bermudan International Conciliation & Arbitration Act 1993
BVI BVI Business Companies Act 2004

Cayman Islands Cayman Islands Companies Law (2011 Revision) Cayman Islands Arbitration Bill 2012

Gibraltar Gibraltarian Protected Cell Companies Act 2001 Gibraltarian Arbitration Act 1895

Guernsey Guernsey Protected Cell Companies Ordinance 1997 Guernsey ArbitrationAct 1982

Isle of Man Manx Protected Cell Company Act 2004 Manx Arbitration Act 1976

Jersey Companies (Jersey) Law 1991 Arbitration (Jersey) Law 1998
Malta Maltese Companies Act (Cell Companies Carrying On Business of Insurance) Regulations 2010 Maltese Arbitration Act 1996

Mauritius Protected Cell Companies Act 1999 Mauritian International Arbitration Act 2008


Qatar Qatar Financial Centre Companies Regulations 2005 Qatar Financial Centre Reg 8 2006 Arbitration

St Kitts & Nevis

St Vincent Vincentian International Insurance (Amendment & Consolidation) Act 1998

Seychelles Seychelles Protected Cell Companies Act 2003

Turks & Caicos Turks & Caicos Islands Protected Cell Companies Ordinance 2006

US Uniform Arbitration Act (Revised 2000)

Vanatu Vanuatu Protected Cell Companies Act 2005