Senators pass arbitration bill
conciliation and arbitration on Monday after the Senate passed the Bermuda International Conciliation and Arbitration Amendment Act (1994).
Senators reached a consensus regarding the bill's overall importance for the international business limb of its economy although one Opposition Senator queried the role of the Bermuda Court of Appeal in settling disputes.
Government Finance spokesman Sen. Lynda Milligan-Whyte said the purpose behind the amendment was to clarify the Court of Appeal's jurisdiction.
While the bill would allow disputing parties to use international arbitration standards to settle disputes, Sen. Milligan-Whyte said defects in the law could then go to the Bermuda Court of Appeal.
"The Bermuda Court of Appeal will have jurisdiction in certain specific instances,'' she said.
Sen. Terry Lister (PLP) said his party supported the amendments to the 1993 bill.
"This will extend our ability to guarantee good service,'' he said.
Sen. Lister said it was unfortunate, but Bermuda could not be saved from bad decisions or poor judgments.
Consequently the PLP, he said, would be keeping a "watching brief'' on the process.
Sen. Lister said one of the ancillary benefits of the bill would be that it helped to fill hotel beds as the negotiating teams must stay at a hotel in order to do their work while here.
Sen. Norma Astwood (Ind) said the amendment was an extension of what the Commission on Competitiveness suggested and allow Bermudians with arbitration expertise to become involved.
She agreed the bill would benefit tourism, law firms and other professional services.
Meantime, Sen. Neletha Butterfield (PLP) said she hoped Bermuda's young lawyers will get into this field.
Sen. Milligan-Whyte said there was a direct link between Bermuda as an international business centre and tourism.
It was important that Bermuda continues to furnish and improve on the quality of the services it provided, she said, adding that there were a number of Bermudian lawyers already practising with international arbitration expertise.
Sen. Milligan-Whyte listed four circumstances brugh about by a legal defect where the Court of Appeal could become involved.
They were: Cases where when one party is under some incapacity such as an arbitrator is not qualified or a company has been struck off the Companies Register; When a party is not given proper notice of an arbitrator's appointment; When the award does not fall within the terms specified by the arbitration agreement; and If the arbitrators' composition does not meet the requirements set out in the agreement.
