GRENADA Law and Practice Contributed by: Linda Dolland, Seon & Associates
of a stated case to the Court of Appeal, with leave required for points of law (Section 31 (3) of the Arbitration Act). • In all cases where there has been a reference to arbitration, the court may, by order, remit any or every matter contained in the reference for recon- sideration by the arbitrator or umpire. Where remitted, the award must (unless the court directs otherwise) be made within three months from the date of the order. • Where an arbitrator or umpire has misconducted themselves or the proceedings, the court has power to order removal, having given an opportu- nity to show cause if it thinks fit. • The court may set aside an award where an arbi- trator or umpire has misconducted themselves or the proceedings, or where the arbitration or award has been improperly procured. • On an application to set aside an award, the court may order that money payable under the award be paid into court or otherwise secured. 3.10 Relief The arbitrators or umpire have/has the same power as the court to order specific performance, except specific performance of a contract relating to land or any interest in land. This is the principal substantive carve-out and reflects the doctrine that real-property remedies are reserved to the courts. The tribunal may make an interim award if it thinks fit. A sum directed to be paid carries interest from the date of the award at the same rate as a judgment debt, unless the award provides otherwise.
order if one party has declined to attend mediation, there is no general requirement to engage in ADR or mediation. Parties are required to pay the requisite mediation fee in order to have mediation held, and to submit the requisite forms and documents in support of their case for mediation. 4.3 Impact of ADR Mediation does not prevent a party from pursuing litigation or arbitration if the mediation is not deter- minative of the dispute. However, once a settlement agreement has been executed, it is enforceable as a contract and may be embodied in a consent order. Engaging in mediation does not create issue estoppel against a party as to the underlying dispute. 4.4 Timing of ADR ADR typically takes place pre-action or shortly after the case management conference (mediation), or before pre-trial review (Judicial Settlement Confer- ence). It is common for parties to attempt mediation before significant trial preparation costs are incurred. Engaging in ADR does not stop limitation periods from running. 4.5 Confidentiality Both mediation and Judicial Settlement Conference are confidential. To the extent that arbitration proceed- ings are not raised before the court, arbitration is also confidential. 4.6 Costs Mediation costs are usually borne equally unless par- ties agree otherwise. 4.7 Courts and ADR The ECSC has actively promoted pre- and post-liti- gation Court-Connected Mediation since 2003. The courts encourage parties to have matters settled at mediation and the introduction of JSCs in CPR 2023 reflect the Court’s continuing commitment.
4. Other ADR Methods 4.1 ADR Procedures
Mediation is also available as a formal ADR method other than litigation and arbitration. Unlike arbitration, there is a dedicated Mediation Office and a roster of trained mediators available in order to have mediation conducted in Grenada. 4.2 Requirements to Engage in ADR While the court actively encourages that parties engage in mediation, and may make an adverse costs
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