,
Chapter 168: allows partner to make a submission rewritten agreement to
submit present or future differences to arbitration, whether on arbitrator
is named there or not. Act applies to any Arbitration to which Her Majesty
the Queen is a party.
Arbitration Clauses (Protocol) Act
Chapter 169: gives effect to the Protocol on Arbitration Clauses of
September 24, 1923, by which states are parties.
Arbitration (Foreign Awards),
Chapter 170 applies to awards made pursuant to an agreement for arbitration
to which the protocol set out in the Arbitration Clauses (Protocol) Act,
Chapter 169 relates
Subsidiary Legislation,
Chapter 170: Arbitration (Foreign Awards)
Subsidiary Legislation
Chapter 67, Reciprocal Enforcement of Judgments
Reciprocal Enforcement of Judgments Arbitration
(International
Investment
Disputes Act 1966 of the United Kingdom
b. Does the law contain different rules for domestic
and international arbitration?
Yes.
c. Are there limitations on the types of disputes
that may be arbitrated?
Chapter 169, Schedule, paragraph 1: Commercial matters or
any other matters capable of settlement by arbitration.
d. Does the law specify rules for arbitration or do
the parties have autonomy to set their rules?
A mixture of both. Schedule, Chapter 169 Arbitral
Procedure shall be governed by the will of the parties and by the law of the
country in whose territory the arbitration takes place.
e. What is the role of the courts during an arbitration? May
courts intervene prior to or during the arbitration process?
(i) Appellate body with power to set aside judgment: Chapter 168, Section
11 (2)
(ii) Jurisdiction to remove arbitrator: Chapter 168,
Section 11 (1)
(iii) Appointors of arbitrator, umpire or third
arbitrator: Chapter 168 Section 5
(iv) Arbitrator, Chapter 168, Section 16
(v) Power to stay the proceeding on application of a
party.
f. Can the courts grant interim relief pending the outcome
of an arbitration?
Yes.
g. Does the law require citizenship or a particular bar
membership for participation in an arbitral proceeding, as arbiter or
representative of a party?
No. Section 21, Chapter 168: provision may be made by
Rules of Court conferring on the Registrar, or other officer of the Supreme
Court, all or any of the Jurisdiction conferred by this Act on a Court or a
Judge. Section 16, Chapter 168 - Court to have power as to reference by
consent. Section B 14 parties may agree on arbitrator or Court may refer
submission to official referee or officer of the Court; Section 3 - any
official referee may hear and determine the matters agreed to be referred.
h. Does the law require that the proceedings be
conducted in a particular language?
No.
i. Does the law have mandatory choice of law provisions?
No. See Schedule, Chapter 169 paragraph 2: by will of
parties or by law of the country in whose territory the arbitration takes
place.
j. Does the arbitration law prescribe rules for
decision making by the arbiters and the form
of an award?
Rules are prescribed Section 2, Chapter 168 Arbitration
Act; First Schedule (a) two arbitrators may appoint an umpire; (b) written
award; (c) award must be made three months after entering on the reference
or, as enlarged by the arbitrators in writing. No form is prescribed.
k. Is the confidentiality of arbitral proceedings
and awards protected by law?
Not specifically. General principles apply.
l. On what grounds will the courts set aside or
decline to enforce an award?
1. Chapter 168 Arbitration Act, Section 11: Power to set
aside award:
(i) where the arbitrator or umpire has misconducted
himself or
(iii) an arbitration or an award has been improperly
procured; the court may set the award aside.
2. Power to decline enforcement: Chapter 170 Schedule,
Article 2. Chapter 170 section 4(2)
(i) award annulled in country where made
(ii) party against whom made was not given notice of
arbitration proceedings in sufficient time to present his case, or was
under some legal incapacity or was not properly represented
(iii) award does not deal with all the questions
referred or contains decisions on matters beyond the scope of the
agreement for arbitration.
3. Chapter 170, Schedule, Article 3: if the party
against whom the award has been made proves that, under the law governing
the arbitration procedure, there are other grounds entitling him to
contest the validity of the award in a Court of law, the Court may, either
refuse recognition or enforcement of the award.
m. What is the procedure for the enforcement of an award?
Schedule 67 Part III (Section 5) (Rules of Court
Reciprocal Enforcement of Judgments):
1. Rule 2. Application: Ex Parte or by Summons
supported by Affidavit to see Judge to register judgment.
2. Judge issues Summons
3. Service of Summons for leave to register
4. Service of Order on judgment debtor where made on
a Summons; if on Ex Parte application, no service necessary.
5. Rule 8: judgment registered in Register of
Judgments kept in Nassau.
6. Rule 10: written notice of registration of
judgment to be served on judgment debtor (personal, substituted or out
of jurisdiction)
7. Rule 12: Service must be indorsed on the notice
within three days of service.
8. Affidavit of service required. Rule 13 - judgment
debtor may apply by summons to set aside registration.
9. Rule 15: Execution of judgment may not take place
before expiration of time limited by Order for registration.
n. Please list any institutions available within your
jurisdiction that provide international commercial arbitration services.
Provide internet address where available.
Unavailable.
3. Alternative forms of Dispute Resolution (ADR)
a. Are other forms of alternative dispute resolution
(mediation, conciliation) available for the resolution of commercial
disputes within your jurisdiction?
No available information.
b. Does the law or do the courts mandate or encourage the
use of ADR in commercial disputes? Are there any legal impediments to using
ADR for the resolution of commercial disputes?
ADR is not mandated . Out of Court settlement in Civil
Proceedings is encouraged. If an ADR is attempted after a submission is made
under Section 1 of the Arbitration Act, Chapter 168, leave of the Court must
be sought in order to revoke the submission
c. Can courts enforce agreements to mediate or use other
forms of non-binding dispute resolution in commercial disputes?
Yes.
d. Are there any organizations that specialize in
ADR for commercial disputes not already mentioned?
No.
e. What rules govern confidentiality and admissibility
of evidence in other proceedings?
Evidence Act No. 4 of 1996 Section 4:
(i) evidence of facts relevant to the issue
(ii) Section 6 - evidence of course of business
(iii) Section 16 - Admissions made “without
prejudice” not admissible
(iv) Section 58, Part III of Act No. 4 of 1996 lists
rules for Oral and Documentation Evidence.
(v) Section 61 - Computer documented statements
admissible as proof of facts stated therein.
(vi) Evidence of admission admissible.
(vii) The Bahamas Bar (Code of Professional Conduct). Subsidiary
Legislation Chapter 44, Section 40 Attorney/Client Privilege: Rule IV 2;
Rule IV: Attorney has duty to hold client’s information in strict
confidence.
4. Legal Sources and References
In addition to the references above is there an
authoritative Internet site containing up-to-date information on dispute
resolution facilities available in this jurisdiction?
No.
5. Bibliography
Please list respected reference works relating to
arbitration and ADR in your jurisdiction.
None, other than legislation cited.
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