- Arrangement of Sections
- PART I: Preliminary
- 1. Short title
- 2. Interpretation
- 3. Application of Act
- 4. Objectives of Act
- 5. Administration of Act
- 6. Receipt of written communications
- 7. Waiver of right to object
- 8. Extent of court intervention
- 9. Court of Appeal and High Court to perform certain functions of arbitration and assistance and supervision
- PART II: Arbitration Agreement
- PART III: Composition of Arbitral Tribunal
- PART IV: Jurisdiction of Arbitral Tribunal
- PART V: Interim Measures and Preliminary Orders
- 20. Power of arbitralt ribunal to grant interim measures
- 21. Conditions for granting interim measures
- 22. Application for preliminary orders and conditions for granting preliminary orders
- 23. Specific regime for preliminary orders
- 24. Modification, suspension, termination
- 25. Provision of security
- 26. Disclosure
- 27. Costs and damages
- 28. Recognition and enforcement of interim measures
- 29. Grounds for refusing recognition or enforcement of interim measures
- 30. Court-ordered interim measures
- PART VI: Conduct of Arbitral Proceedings
- 31. Equal treatment of parties
- 32. Determination of rules of procedures
- 33. Place of arbitration
- 34. Commencement of arbitral proceedings
- 35. Language
- 36. Statements of claim and defence
- 37. Hearings and written proceedings
- 38. Default of a party
- 39. Expert appointed by arbitral tribunal
- 40. Court assistance in taking evidence
- PART VII: Making of Award and Termination of Proceedings
- PART VIII: Recourse Against Award
- PART X: Miscellaneous
INTERNATIONAL COMMERCIAL ARBITRATION
,.
Section 3. S. • I ACT, 2007 -45
Arrangement of Sections
PART I
Preliminary
Short title. Interpretation. Application of Act. Objectives of Act.
I
Administration of Act. Receipt of written communications. Waiver of right to object. Extent of court intervention.
Court of Appeal and High Court to perfonn certain functions of arbitration·assistance and supervision.
PART II
Arbitration Agreement
Fonn of arbitration agreement. Substantive claim before court. Interim measures by court not incompatible with arbitration
agreement.
( (
(ii)
PART III
Composition of Arbitral Tribunal Section 'I
PART IV
Jurisdiction of Arbitral Tribunal
19. Competence of arbitral tribunal to rule on itsjurisdiction.
PART V
Interim Measures and Preliminary Orders (iii)
Section PART VI
Conduct of Arbitral Proceedings 40. Court assistance in taking evidence. PART VII
. (
Making of Award and Termination of Proceedings
41. Rules applicable to substance of dispute.
(
(iv)
Section ..
PART VIII
Recourse Against Award
47. Application for setting aside as exclusive recourse against arbitral award.
PART IX
Recognition and Enforcement of Awards PART X
Miscellaneous BARBADOS
I assent
C. STRAUGHN HUSBANDS Governor-General 20th December, 2007.
2007 45
-
An Act to make provision for international commercial arbitration.
(By Proclamation). Commence
ENACTED by the Parliament of Barbados as follows:
PART I
Preliminary
1. This Act may be cited as the International Commercial Short title. Arbitration Act, 2007.
(
2
Interpretation.
INTERNATIONAL COMMERCIAL ARBITRATION ACT, 2007 -45
2. In this Act,
"arbitral tribunal" or ''tribunal'' means a sole arbitrator or a panel of arbitrators;
"arbitration" means any arbitration whether or not administered by a permanent , . arbitral institution;
"arbitration· agreement" means an agreement by parties to submit to arbitration all or certain disputes which have arisen or may arise between them in respect of a defined legal relationship, whether contractural or not;
"court" means a body or organ of the judicial system of a State;
"party" means a party to an arbitration agreement;
"telecommunications" has the meaning assigned to it in section 2 of the
Cap.
282B
Telecommunications Act,·
"UNCITRAL" means the United Nations Committee on International Trade Law. I •
INTERNATIONAL COMMERCIA L ARBITRATION ACT, 2007 -45 (aJ the preservation of party autonomy;
(bJ the definition of the relations between courts and arbitral tribunals in respect of arbitral proceedings; 3. (1) This Act applies to international commercial arbitration, Application
of Act.
subject to any agreement in force bet ween Barbados and any other State or States.
(2) For the purpose of this Act,
(aJ the term "commercial" shall be given a wide interpretation so as to cover matters arising from all relationships of a commercial
(
4 INTERNATIONAL COMME RCIA L ARBITRATION ACT, 2007 -45
nature, whether contractual or not and relationshipfO of a commercial nature include the following transactions: , .
(iii) commercial representation or agency; (vii) consulting;
(viii) engineering; (xii) g;
(xiii) insurance;
(xiv) exploitation agreement or concession;
(xv) joint venture and other forms of industrial or business cooperation; and
(xvi) carriage of goods or passengers by air, sea, rail or road; and
(
INTERNATIONAL COMMERCIAL ARBITRAT ION ACT, 2007 -45
(b) an arbitration is international where
(i) parties to an arbitration agreement have, at the time of the conclusion of the agreement, their places of business in different States;
(ii) one of the following places is situated outside the State in which the parties have their places of business:
(iii) the parties have expressly agreed that the subject matter of the arbitration agreement relates to more than one country. (4) The provisions of this Act, except sections 11,12,28,29,30,48 and 49, apply only where the place of arbitration is in Barbados.
(5) This Act shall not affect any other law of Barbados by virtue of
. ...
which certain disputes may not be submitted to arbitration or may be submitted to arbitration only according to provisions other than those of this Act.
" men!.