BAHAMAS Law and Practice Contributed by: Theominique D. Nottage, McKinney, Bancroft & Hughes
tor on grounds of justifiable doubts as to independ - ence or impartiality, failure to possess agreed quali - fications, physical or mental incapacity, or refusal or failure properly to conduct the proceedings causing substantial injustice. Challenges are generally made first under any agreed challenge procedure or appli - cable institutional rules, with recourse to the Supreme Court only if that internal procedure does not resolve the challenge. 4.5 Arbitrator Requirements Arbitrators are required to be and remain independent and impartial throughout the proceedings and must disclose, promptly and on an ongoing basis, any cir - cumstances likely to give rise to justifiable doubts as to their independence or impartiality. In some instances, the IBA Guidelines on Conflicts of Interest can be used as a reference point in determining independence and impartiality by Bahamian tribunals and counsel. The principle of competence-competence is express - ly recognised in the Bahamian arbitral framework. An arbitral tribunal may rule on its own jurisdiction, including objections to the existence or validity of the arbitration agreement, either as a preliminary matter or in its final award. 5.2 Circumstances for Court Intervention The courts may address jurisdictional issues at the pre-arbitration stage, when asked to stay court pro - ceedings brought in breach of an arbitration agree - ment, and post-award, on an application to set aside or resist enforcement of an award on jurisdictional grounds. Bahamian courts have shown a marked reluctance to intervene prematurely, generally pre - ferring to let the tribunal rule on its own jurisdiction first and confining court review to a supervisory role at the award stage. Negative jurisdictional rulings by a tribunal can also be reviewed by the court on the application of the party affected. 5.3 Timing of Challenge Parties may challenge jurisdiction before the tribu - nal at the outset of proceedings (no later than the 5. Jurisdiction 5.1 Challenges to Jurisdiction
statement of defence) and, following a tribunal ruling on jurisdiction as a preliminary question, may apply promptly to the Supreme Court for a ruling on that question. Otherwise, jurisdictional objections are ordi - narily addressed by the courts only after the award is rendered, by way of a challenge to, or resistance of enforcement of, the award. 5.4 Standard of Judicial Review for Jurisdiction/Admissibility Where a tribunal’s positive ruling on jurisdiction is challenged as a preliminary question, the Supreme Court exercises a full, de novo review rather than sim - ply deferring to the tribunal’s own assessment, con - sistent with the Model Law approach adopted by the ICAA 2023. At the post-award stage, however, courts exercise a supervisory rather than appellate function, examining jurisdiction only to the extent necessary to determine the specific statutory ground raised. 5.5 Breach of Arbitration Agreement Bahamian courts will ordinarily stay proceedings com - menced in breach of a valid arbitration agreement, provided that a timely application is made and there is no ground establishing that the agreement is null, void, inoperative or incapable of being performed. This reflects a strong and consistently applied pro- arbitration policy, reinforced in decisions such as Volpi . 5.6 Jurisdiction Over Third Parties Bahamian arbitration legislation does not generally permit tribunals to bind non-signatories, save in lim - ited circumstances recognised at common law, such as where a party has become bound by assignment, novation, agency or estoppel, or, in appropriate cases, through the “group of companies” doctrine. These principles apply equally to foreign and domestic third parties, since jurisdiction turns on substantive con - tractual or equitable doctrine rather than nationality or domicile.
6. Preliminary and Interim Relief 6.1 Types of Relief
Tribunals may award interim measures including orders preserving assets, maintaining the status quo,
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