Bar president: Bahamas must get 'full benefit' from arbitration push

Wed, Apr 9th 2014, 10:47 AM

The president of the Bahamas Bar Association (BBA) has said he supports the push to develop The Bahamas as a center for global arbitration "only to the extent" that Bahamians with suitable expertise are given priority for opportunities that may arise from it.
Elsworth Johnson said that bringing in outside professionals when the expertise they offer is available in this country could "create a serious difficulty" for the BBA.
"I think it's a brilliant idea, but I am tired of people saying, 'Bahamians first' when you're always last," said Johnson.
At the Pre-ICCA (International Council on Commercial Arbitration) conference, held last week in Nassau, a number of local and international panellists said that issues with work permits and immigration policy could stand as a potential obstacle to the development of this country as an arbitration center which would attract international persons to bring their cases to The Bahamas for resolution.
Attorney General Allyson Maynard-Gibson was among them, pledging the government's support towards having The Bahamas established as a center for arbitration, but noting that such an effort will only be successful with the "buy in" of the Bahamas Bar Association and the judiciary. "If they don't buy in, we'll have a terrible problem," she said.
Maynard-Gibson said that it will be important to have"flexibility" in work permit policy to help facilitate the development of the sector and enjoy the spin-off benefits it can bring, a point backed by other panelists based on their experience elsewhere.
In an interview with Guardian Business, Johnson said that he views the push to create an arbitration center in this country as "wonderful", but feels it is important that The Bahamas gets "the full benefit from it".
"I understand the concept of arbitration and what it will do for The Bahamas. It's excellent. If we have to make certain concessions that's a decision the Bar has to make; that's an internal discussion, but most certainly, where we have resources, we have to use it. I support arbitration, but use local expertise where they exist," he said.
"If the arbitration they're going to do doesn't require legal expertise, doesn't require for that person to be a lawyer, then the Bar doesn't have a concern. If they need specific knowledge about accounting, then you know BICA (the Bahamas Institute of Chartered Accountants) will be in on that; if they need architects, then they'll be in on that; if it requires medical expertise then you bet your bottom dollar the Medical Council will say 'are you crazy?' (if doctors are brought in). You're dealing with the Immigration Act. You've got to look at your pool of resources to say you have a house and children, why would you feed someone else first?"
During last week's pre-ICCA conference, The Bahamas won the support of a number of international bodies,including the Permanent Court of Arbitration in the Hague, and P.R.I.M.E. Finance, a group of expert financial arbitrators, for its interest in establishing itself as a center for arbitration.
The message was that there is demand for arbitration arising out of the region and beyond which could more conveniently be conducted in The Bahamas if the right conditions were to be established.
However, local attendees were repeatedly advised that developing a reputation as an arbitration hub takes time, and - at least in the initial stages - attracting international arbitrations to come to The Bahamas relies on the ability to bring in expert arbitrators from elsewhere to conduct their deliberations.

jump headline: Bar: Arbitration must involve locals where possible

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