Consultations on Draft Arbitration Act Underway

KINGSTON — A mock-up of the new Arbitration Act has been completed and sent to various stakeholders for their comments and suggestions.

The consultation is part of efforts by the Ministry of Justice to make changes to the law, which has not been updated since 1900. This was revealed by Chairman of the Dispute Resolution Foundation (DRF) John Bassie, at a Jamaica Information (JIS) Think Tank held on October 20 at the agency’s head office on Half-Way-Tree Road, Kingston.

Mr. Bassie said that within the next two to three weeks the consultation process would have been completed and the feedback sent to the team drafting the Act.

He said the Ministry has instructed the team to move quickly “so, I believe that very, very quickly we should have an arbitration act.”

Mr. Bassie, who is also Chair of the Chartered Institute of Arbitrators, Caribbean Branch, told JIS News the new arbitration law is based on the United Nations Commission on International Trade Law (UNCITRAL), which is  a model law adopted  by some 74 countries throughout the world.

He informed that the Ministry recently collaborated with a consultant from UNCITRAL, who came to Jamaica to assist persons involved in drafting the legislation and to address queries.

In outlining the benefits of having the law in place, Mr. Bassie said it would attract investors and help to improve tourism, stating that persons would be more keen to operate in an environment where there is a system in place to peacefully and amicably resolve matters.

“Arbitration is like an invisible export. If you have a friendly climate for arbitration, especially international arbitration, where an order made there can be enforced in other parts of the world, you attract people,” he argued.

By E. Hartman Reckord