A FEASIBILITY STUDY undertaken by the Barbados Chamber of Commerce and Industry (BCCI) into the establishment of an Alternative Dispute Resolution (ADR) Centre has found that the legal environment within Barbados and the OECS was supportive of the ADR process.
The results were disclosed recently at a breakfast meeting attended by the members of the legal and business fraternity.
Conducted by Baria Ahmed, an ADR expert based in the UK, the study considered the proposal to establish an ADR Centre in Barbados, ideally to serve as a regional hub for Barbados and the Organization of Eastern Caribbean States (OECS).
The study also found that the interest of the stakeholder groups was encouraging. Against this backdrop, the consultant supported the establishment of the proposed centre and made appropriate recommendations for the set-up of the institution and its services.
Ahmed also highlighted some of the challenges, including the Arbitration Act 1958, which currently governs domestic arbitration cases in Barbados, and which she said “needs to be updated urgently.” Another difficulty was the lack of simple and effective mechanisms to enforce awards and this was underscored by the World Bank’s Doing Business Rankings which placed Barbados at 110 out of 189 countries in the enforcement of contracts.
BCCI president Tracey Shuffler stated that she was pleased with the conclusions from the report and the support for the proposed Centre and thanked the BCCI’s Legal Affairs Committee for spearheading the initiative. She said that the Centre could help businesses to settle commercial disputes outside of the law courts and this can assist in reducing the number of cases before the law courts, adding that the courts saw over 2 500 new cases lodged annually with only 70 to 80 decisions handed down per year.
“Based on the study, the Centre could deliver ADR services for the benefit of both domestic and international parties as well as offering ADR training, workshops and seminars to develop the field throughout the region.” she stated.
Shuffler added that Barbados is well poised to also attract international arbitration cases especially since the proclamation of the International Commercial Arbitration Act in 2009.
Compete Caribbean’s executive director Sylvia Dohnert was delighted with the findings adding that the study clearly showed that such a Centre could function under the existing legal framework and could provide more expedited mechanisms to resolve commercial disputes in domestic and international cases.
“The study has been very well received and we are positive that the stakeholders will implement its recommendations,” she ended.
Technical and financial assistance for this study was provided by Compete Caribbean, a regional private sector development program, jointly funded by the IDB, the United Kingdom Department for International Development and Foreign Affairs, Trade and Development Canada. (PR)
