GRENADA Law and Practice Contributed by: Linda Dolland, Seon & Associates
insolvency-related matters, certain statutory rights, defamation, and certain tax or Crown matters. 3.3 Advantages of Arbitration There are certain advantages to the use of arbitration, chief among them being speed and confidentiality as compared with the litigation process. There is also the ability to choose your tribunal as well as being able to ensure that there is an expert as the arbitrator or on the panel of arbitrators. 3.4 Disadvantages of Arbitration The main perceived disadvantage to arbitration is that the Arbitration Act is a bit dated and Grenada does not have any dedicated arbitrators or an arbitration institution, and there are limited rights of appeal in an arbitration if a party is aggrieved. 3.5 Arbitral Institutions There is no dedicated arbitral institution in Grenada. Parties typically resort to ad hoc arbitration governed by the Arbitration Act and under specific legislation, such as the Employment Act. ICSID is the forum of choice for investment treaty arbitrations. 3.6 Length of Proceedings The typical length of arbitration proceedings in Gre- nada is 6–12 months. 3.7 Regulation of Arbitration The principal laws regulating arbitration in general in Grenada are the Arbitration Act and the Civil Pro- cedure Rules 2023. The Arbitration Act is modelled closely from the English Arbitration Act 1950, and accordingly the courts draw on English jurisprudence in the analysis of this Act. Grenada is a contracting state to the ICSID Convention, and the state has been a respondent in ICSID arbitration proceedings. The Arbitration Act requires that the accrual of a cause of action in respect of every matter required by an agreement to be referred to arbitration must be determined in accordance with the statutes of limita- tion. Arbitration is deemed to commence on service of a valid notice requiring appointment of an arbitra- tor. Service may be effected by personal delivery, by leaving it at the usual or last known place of abode in Grenada, by registered post, or as provided in the
agreement pursuant to which the arbitration proceed- ings are commenced. 3.8 Court Powers The key powers are as follows. • Stay of proceedings – where a party to an arbitra- tion agreement commences court proceedings in respect of a matter agreed to be referred, any other party may, before delivering any pleading or taking any other step in the proceedings, apply for a stay. The court may grant a stay if satisfied (i) that the applicant is and remains ready and willing to do everything necessary for the proper conduct of the arbitration, and (ii) that there is no sufficient reason why the matter should not be referred. • Default appointment of arbitrators – where the par- ties or arbitrators fail to appoint a single arbitrator, umpire, or third arbitrator within seven clear days after written notice, the court may, on the applica- tion of the noticing party, appoint. The appointee has the same powers as one appointed by con- sent. • Replacement appointments – where an arbitra- tor or umpire has been removed by court order, the court may appoint a replacement to act in the same capacity, with all the original powers. • Umpire as sole arbitrator – the court may order that an umpire enter on the reference in place of the arbitrators as if a sole arbitrator. 3.9 Court Intervention The court may intervene in arbitration in the following circumstances. • The court may remove and replace an arbitrator or umpire who fails to use all reasonable dispatch in entering on and proceeding with a reference and making an award. A removed arbitrator is not enti- tled to remuneration. • Interpleader matters between agreement parties may be directed to be determined under the agree- ment. • The arbitrator or umpire may, and shall if directed by the court, state a special case for the determi- nation of the court on any question of law aris- ing in the reference, or on the whole or part of an award. An appeal lies from a court determination
256 CHAMBERS.COM
Powered by FlippingBook