tribune242 editorial
Nassau, The Bahamas
IN MAY last year the Arbitration Act and the Arbitration (Foreign Arbitral Awards) Act was introduced in an attempt to put the Bahamas in a competitive position for recognition as an international business centre.
The hope was to establish the Bahamas as a dispute resolution centre within five years to settle -- outside of the court system -- both domestic and international matters.
And so now is not the time to even consider abolishing the Judicial Committee of the Privy Council --our highest court of appeal, sitting in London -- which is one institution that -- in addition to the proposed arbitration services -- gives an aura of stability to our local judicial system. If the Bahamas is to be considered a stable jurisdiction to attract international business, the Privy Council is one institution that grounds us in legitimacy. As one Bahamian lawyer put it: "It is one of the most respected courts in the world and brings international currency to our court system."
Together the five Law Lords have more than 100 years of legal experience to draw on. In addition -- removed from local politics, and petty prejudices -- litigants have confidence that their disputes are being treated objectively. This independence and removal from local contamination certainly inspires respect in the system, something that our own courts are lacking.
One would be surprised at what weight the existence of the Privy Council carries when an international business is being considered for relocation to the Bahamas. Businesses not only want a stable government, good communications, and efficient staff, but a sound judicial system. To business leaders this is of paramount importance.
Our local courts are made to look impotent when adversaries can so play the system that one side in the dispute cannot get a hearing to present his complaint.
In a recent international case, a lawyer pointed to what appears to be developing into a serious case of "judge shopping". It would seem that the case can't get off the ground because the judges are being toppled like nine pins. Already three judges have stepped down from the case, and a fourth has been called on recuse himself -- soon there will be no judges left to try the case. From an outsider looking in, it appears that our court system is being made to look impotently foolish.
Of course, there is still the Privy Council. When the local courts fail, the respected arbiter of justice stands solid to pick up the pieces. Bahamians would be foolish to agitate for its removal.
Not only does the Privy Council make available to Bahamians some of the world's most able and experienced judges, it does so at no cost.
In December 2006, the Judicial Committee made history when for the first time in over 170 years it left its permanent London home to hold a five-day sitting in the Bahamas. The five Law Lords were here again for a sitting in 2007 and 2009.
There are those in the legal fraternity who have suggested that the Bahamas give up the Privy Council and throw its lot in with the recently established Caribbean Court of Justice. Established in 2001 and based in Port of Spain, Trinidad and Tobago, this court is in its embryonic stage. It has not been established long enough to have a track record or attract the international recognition that the Privy Council has had for hundreds of years.
If the only reason for opting for this court is to hope that our "Caribbean brothers" will see eye-to-eye with us on capital punishment is indeed to play Russian roulette with this country's future. As explained in this column yesterday, many Caribbean lawyers are also moving away from capital punishment in favour of life imprisonment.
Of course, the weightiest consideration of all is the cost. The Bahamas would have to make a financial contribution to be able to use the services of the Caribbean court.
And the creation of a local court to replace the Privy Council cannot even be considered. It would be financially prohibitive. Already we do not have enough lawyers to staff our present legal institutions.
The Attorney General's office, which is inundated with cases going back years, is seriously understaffed. The courts cannot keep up with the work load that they already have. A country as small as the Bahamas would never be able to pay what would be required to attract our best lawyers from their private practices to sit on a high court bench. And even if we could there are not enough of them to match the calibre and resources of the Law Lords of London.
It is now time for Bahamians to appreciate what they have and start building on already well laid foundations.
September 28, 2011
tribune242 editorial
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