Litigation 2025

BAHAMAS Law and Practice Contributed by: John F. Wilson KC and Adrienne N. Bellot, McKinney, Bancroft & Hughes

14.2 Growth Areas In the Bahamas, the main area for growth in commercial disputes is in the arbitration arena and specifically around resolving trust disputes. Expecting that this could be a growth area for the Bahamas, our recent Arbitration Act, 2009, made provisions for facilitating the arbitration of trust disputes. The Trustee Amendment Act paved the way for this innovation by including provisions in the Act subjecting trust disputes to the arbitral regime where the trust instrument expressly provides for same, and, to a limited extent, conferring on an arbitrator the equitable jurisdiction previously reserved to judges on the equity side of the court, to enable an award to bind the trust estate and its trustees and ben - eficiaries.

eign Arbitral Awards) Act, 2009. Awards made pursuant to an arbitration agreement in a state other than The Bahamas that is a party to the New York Convention are enforceable pursuant thereto. Domestic arbitral awards are enforceable in the same manner as a judgment or order of the court. 14. Outlook 14.1 Proposals for Dispute Resolution Reform As far as is known, there are no proposals for dispute resolution reform in The Bahamas.

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