TURKS & CAICOS Law and Practice Contributed by: Stephen M Wilson KC, Wilson Wells
7.3 Powers and Duties of Arbitrators The powers of arbitrators are set out in Section 8 of the Arbitration Act, which provides: “Arbitrators or an umpire acting under a submission, unless the submis - sion expresses a contrary intention, shall have power: • to administer oaths or to take the affirmations of parties and witnesses appearing; • to state an award as to the whole or part thereof in the form of a special case for the opinion of the court; and • to correct in any award any clerical mistake or error arising from any accidental slip or omission.” 7.4 Legal Representatives The Legal Profession Act prohibits the practising of law by any person whose name is not entered on the Roll of Attorneys. Practising law is defined as, inter alia, for or in expectation of gain or reward, appearing on behalf of any person in any court, tribunal or inquiry having jurisdiction in the TCI. Thus, the restriction arguably applies to arbitration proceedings in the TCI – whether domestic or international – and would pre - vent a legal representative having qualifications other than domestic ones from appearing in an arbitration in the TCI. Further, the Immigration Act prohibits any person from working in the TCI without a work permit. That being said, there is provision in the Legal Profes - sion Act for a legal representative who possesses the requisite qualifications as set out in that Arbitration Act – and who has come or intends to come to the TCI for the purpose of appearing, acting or advising in a suit or matter – to be admitted as an attorney by the Chief Justice for the sole purpose of appearing, acting or advising in that suit or matter. 8. Evidence 8.1 Collection and Submission of Evidence Apart for those matters referred to in 7.1 Governing Rules , there are no specific rules that apply in respect of the collection and submission of evidence, whether at the pleading or the hearing stage. Matters or dis - covery, disclosure, use of witness statements, etc, will therefore have to be agreed by the parties on an ad
hoc basis unless the arbitration agreement contains reference to institutional rules. 8.2 Rules of Evidence There are no rules of evidence that specifically apply
to arbitral proceedings in the TCI. 8.3 Powers of Compulsion
The Arbitration Act makes no provision in respect of an arbitral tribunal’s powers of compulsion or the abil - ity of the court to assist in compelling the production of documents or attendance of witnesses. However, Section 9 of the Arbitration Act provides the following: “Any party to a submission may sue out a writ of sub - poena ad testificandum or of subpoena duces tecum, but no person shall be compelled under any such writ to give any evidence or produce any document [that they] could not be compelled to give or to produce on the trial of an action.” Section 17 provides the following: “For the purposes of compelling the attendance of any witness or the production of any document in proceedings before an arbitrator, umpire or referee, the court shall have the same powers as it possesses for these purposes in proceedings before the court.” Further, paragraphs 6 and 7 of the Schedule also pro - vide the following. • “The parties to the reference, and all persons claiming through them respectively, shall, subject to any legal objection, submit to be examined by the arbitrators or umpire, an oath or affirmation, in relation to the matters in dispute, and shall sub - ject as aforesaid produce before the arbitrators or umpire all books, deeds, papers, accounts, writings and documents within their possession or power respectively, which may be required or called for, and do all other things relevant to the matter under reference which during the proceed - ings the arbitrator or umpire may require.” • “The witnesses on the reference shall, if the arbitra - tors or umpire so require, be examined on oath or affirmation.”
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