The Tribune

EDITOR, The Tribune.

The COVID-19 pandemic has etched itself in the annals of history as it is defining public health, global economies, work environments, family life and everyday social interactions.

Some have equated this pandemic with the industrial revolution, while others see similarities with the great depression.

Whichever of these or any of a myriad other views is adopted, what we do know is that the world as we knew it has changed. COVID-19 will leave tremendous destruction behind and what will evolve is a new beginning.

As the world stands at the brink of a seismic paradigm shift, it is necessary to pause and think about what worked in the past and what can work in the future as we tackle the post COVID-19 reality.

To do this, the Economic Recovery Committee (ERC) was established in The Bahamas as a proactive initiative with a mandate “to create a bold vision for a modern Bahamian economy that is stronger, resilient, diversified, future driven and fully integrated”.

The committee sees “dynamism as anchored in innovation and embracing technology, employing strategies for growth and improved ease of doing business”.

Additionally, as one of its sustainable goals for the economy, the Committee’s intent is “to make adequate allowance for investments in human cultural and social capital”.

The ERC should include Alternative Dispute Resolution (ADR) mechanisms in the design of the new Bahamian economy.

ADR has been employed worldwide in areas such as international agreements, businesses, public policy matters, the environment, police departments, the school system, the family and the judicial system just to name a few.

Particularly in light of the ERC’s focus on “human cultural and social capital,” the committee should include conflict resolution mechanisms to help resolve conflicts in society, especially in the area of employment disputes as cooperative labour relations are needed to carry out the ERC’s recommendations.

As the world battles COVID-19, ADR mechanisms are particularly important in handling international disputes because many court systems have slowed down or have come to a standstill. International online ADR portals have grown tremendously as the world experienced a lockdown due to COVID-19 and online ADR will continue to expand in a post-COVID-19 world.

Two international “Conventions” promote ADR in international disputes. The first being, The “New York Convention”, formally known as “the Convention on the Recognition and Enforcement of Foreign Arbitral Awards”, which is the cornerstone for resolving international disputes through arbitration. In arbitration, one or more private arbitrators hear a case and make a decision, which is called an “award.” The New York Convention provides for enforcement of arbitration awards. The New York Convention will be even more essential in a post- COVID-19 world with increased demand for the resolution of cross-border commercial disputes.

The second one - The “Singapore Convention”, formally “the United Nations Convention on International Settlement Agreements Resulting from Mediation”, provides for enforcement of mediated agreements in international disputes. In mediation, a neutral party helps parties reach agreements to resolve their disputes. The Singapore Convention was adopted in December 2018 and it is expected to become effective in September 2020. It was initially signed by 46 countries, including The United States, China and many large Asian countries, as well as Jamaica and Grenada.

As the ERC plans for our economic recovery, it should plan to take advantage of the two Conventions for international dispute resolution. The Bahamas is a signatory of the New York Convention and should sign the Singapore Convention. However, before The Bahamas signs on to the Singapore Convention, it is imperative that mediation must be formally established as an alternative for resolving disputes in The Bahamas. It is equally imperative that this should be done by implementing a supporting platform for the Convention. The supporting platform must be based on a proper dispute system design that is unique to The Bahamas and that is fair and suitable to the needs of ALL Bahamians.

ADR’s posit on in the world will not decrease. Internationally ADR mechanisms have significantly contributed to conflict reduction, dispute settlement and the preservation and protection of peaceful environments. The Bahamas should employ ADR mechanisms as part of the architecture of the “new normal”.

KAY MARSHALL

Nassau,

July 15, 2020.