BAHAMAS Law and Practice Contributed by: Theominique D. Nottage, McKinney, Bancroft & Hughes
13.5 Binding of Third Parties Third parties may be bound by an arbitration agree - ment or award in limited circumstances recognised at common law, including succession (eg, on death, insolvency or assignment), agency, and equitable doctrines such as estoppel, as well as, in the trust context, where a trust instrument itself incorporates a valid arbitration clause binding trustees, beneficiaries and other interested parties, as recognised in the Volpi litigation. Bahamian courts have not to date exercised any general power to bind foreign third parties beyond these established doctrines.
point, but touched on it briefly in the April 2026 Court of Appeal ruling in Delanson Services Limited v Matteo Volpi et al in considering litigation funding arrange - ments against maintenance and champerty. Prudent practitioners should structure funding arrangements carefully with reference to these doctrines. 13.4 Consolidation Consolidation of separate arbitral proceedings is only possible with the agreement of all parties concerned, whether recorded in the arbitration agreements them - selves or subsequently; neither the Arbitration Act 2009 nor the ICAA 2023 confers a general power on the Supreme Court or a tribunal to consolidate pro - ceedings absent such agreement, reflecting the strict - ly consensual basis of arbitration under Bahamian law.
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