In the following article, Jonathan Haydn-Williams, an English Solicitor and Fellow of the Chartered Institute of Arbitrators, reviews the Barbados International Commercial Arbitration Act, which was brought into force in 2009, and concludes that it makes Barbados an excellent venue for international commercial arbitration.
I will begin with a question to myself: “Why am I, an English solicitor, writing an article about international commercial arbitration in Barbados?” My answers, which I hope will persuade you to read on, are:
Barbados, in addition to its many other attributes, is in my view an excellent venue for international commercial arbitration, not least following the entry into force in early 2009 of a new international commercial arbitration statute, closely based on the UNCITRAL Model Law. That view merits wider circulation, especially to those who might consider choosing the island as an arbitration venue.
The new statute expressly allows for lawyers like me, who are qualified to practise under the law of a state other than Barbados, to participate in international commercial arbitration in Barbados.
The statute is international in origin and provides that this fact is to be taken into account when it is interpreted.
It is necessary to refer to the laws of Barbados, of which the new statute forms part, and I have had the considerable benefit of advice and comment from The Honourable Mr Justice Peter Williams, Justice of Appeal of the Barbados Supreme Court, for which I am extremely grateful. Read full article.