The Tribune

By Natario Mckenzie

Tribune Business Reporter

nmckenzie@tribunemedia.net

THE Bahamas will never become an international arbitration centre until it its Immigration policies become more “flexible”, allowing parties to bring in their own arbitrators and lawyers.

Attorney Caryl Lashley, a member of the Chartered Institute of Arbitrators and Alternative Dispute Resolution (ADR) Bahamas, told Tribune Business that Immigration restrictions were a barrier to this nation realising aspirations of becoming an international arbitration centre.

Mrs Lashley said Singapore, which has established itself as a major international arbitration centre, was aided by an open Immigration policy and appropriate work visa provisions, allowing parties to bring in their own overseas attorneys.

“For people to come here to do arbitration, for us to become known as an arbitration centre, we need to have the flexibility in our Immigration laws so someone and their disputing partner can come to the Bahamas, have their matter heard,” Mrs Lashley said.

“One can bring their lawyer if they want, and the other can bring their lawyer, and they both want to bring their arbitrator. Immigration will screw you up.”

Mrs Lashley added: “Until the Government gets serious about Immigration issues, I don’t see that happening. We will never be an arbitration centre, ever.

“Immigration is an issue; it’s sad, but it’s true. Until we are ready for that to happen, Immigration changes, we are not going to be ready to have an arbitration centre.

“People are going to want to have their matter resolved in a week or month or three months. They don’t want it resolved next year. Until we are ready for Immigration changes we are not going to be ready for an arbitration center.”

Mrs Lashley said there was a need for more skilled arbitrators in the Bahamas to build capacity, along with the right mindset.

“People need to be facilitated. People want to be facilitated today, not next month or in three months time,” she added.

“The whole point of the process is because they want a speedy resolution and move on. People who come in on the ships, those people come in here with disputes and aren’t having them heard here. They are going to Florida because no one is here to hear a matter at night.”