Court Non-Interference Key To Arbitration Hopes
The courts must "not interfere inappropriately" if the Bahamas is to establish itself as a leading international arbitration centre, according to a top practitioner, Jonathan Hamilton, head of Latin American arbitration and a partner with the White & Case law firm.
Hamilton identified "two key factors" as ensuring the Bahamian courts and legal system respected arbitration decisions, plus raising awareness and "buy in" among international attorneys, companies and practitioners. Acknowledging that the Bahamas already had “a good legal framework", Hamilton said it was vital that future court rulings embraced arbitration, and did not refuse to recognise or undermine the outcome of such proceedings. "The courts will not interfere inappropriately" was, Hamilton said, the main message for the Bahamas to send to the world.
A professor with the University of Miami's Law School and its International Arbitration Institute, Hamilton encouraged the Bahamas to exploits its tourism infrastructure and reputation to host more arbitration-related events: "It involves raising the awareness of lawyers and businesses about using the Bahamas as a place for arbitration, so people agree that if there’s a problem they will come there to solve it."