BAHAMAS Law and Practice Contributed by: Theominique D. Nottage, McKinney, Bancroft & Hughes
Rules on the Taking of Evidence in International Arbi - tration as guidance rather than binding rules. 8.2 Rules of Evidence Strict domestic rules of evidence, such as those gov - erning admissibility before the Bahamian courts, do not generally apply to arbitral proceedings; instead, the tribunal determines the admissibility, relevance, materiality and weight of evidence, subject to the par - ties’ agreement and any applicable institutional rules. 8.3 Powers of Compulsion Under Bahamian law, an arbitral tribunal lacks coercive or penal powers, but it can direct that a party comply with document production and witness attendance. Otherwise, the Supreme Court can assist by ordering the production of documents and the attendance of witnesses, including non-parties, in support of arbitral proceedings, on application by a party with the per - mission of the tribunal or the agreement of the other parties. As against parties to the arbitration agree - ment, tribunals have their own contractual powers to order disclosure; compulsion of non-parties, however, requires recourse to the court’s coercive powers. Arbitral proceedings seated in The Bahamas are private, and the Arbitration Act 2009 (as amended in 2023) contains express confidentiality provisions restricting disclosure of information relating to the proceedings and the award, subject to specified exceptions (eg, disclosure required by law, to protect a party’s legal rights, or with the consent of the other party). Confidential information may not generally be relied upon in subsequent proceedings save within these exceptions. 9. Confidentiality 9.1 Extent of Confidentiality
Neither the Arbitration Act 2009 nor the ICAA 2023 imposes a fixed statutory time limit for delivery of an award, though the tribunal is expected to proceed without unnecessary delay, and the parties or the tri - bunal’s own procedural timetable may impose one. 10.2 Types of Remedies Tribunals have wide remedial powers equivalent to those of the Supreme Court, including declarations, specific performance (other than in respect of land), rectification, and orders for the payment of money and interest, unless the arbitration agreement pro - vides otherwise. Punitive or exemplary damages are not generally regarded as available in the absence of an express agreement, consistent with the common law’s general reluctance to award punitive damages in a contractual context. 10.3 Recovering Interest and Legal Costs Parties are generally entitled to recover both pre- and post-award interest, and legal and arbitration costs, as the tribunal considers appropriate, unless the par - ties have agreed otherwise. The default approach follows the “costs follow the event” principle familiar from Bahamian court practice, subject to the tribunal’s discretion to depart from that default where a party’s conduct, or the manner in which it has pursued or defended the case, justifies a different allocation. There is no general right of appeal on the merits of an international arbitration award under the ICAA 2023, which follows the Model Law’s exhaustive and narrow grounds for setting aside an award (broadly mirroring the 1958 New York Convention grounds for refusal of enforcement). Domestic awards under the Arbitra - tion Act 2009 may, in more limited circumstances and only where the parties have not excluded the right, be appealed to the Supreme Court on a point of law, in addition to being challengeable for serious irregularity or lack of substantive jurisdiction. 11. Review of an Award 11.1 Grounds for Appeal
10. The Award 10.1 Legal Requirements
An award must be made in writing, signed by the arbitrator(s), state the seat of arbitration and the date, and give reasons unless the parties have agreed rea - sons are unnecessary or the award is by consent.
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