The WLR Daily case summaries
[2021] WLR(D) 212
Privy Council
RAV Bahamas Ltd and another v Therapy Beach Club Inc
[On appeal from the Court of Appeal of the Commonwealth of The Bahamas]
[2021] UKPC 8
2021 Feb 11; April 19
Lord Hodge DPSC, Lord Hamblen, Lord Leggatt, Lord Burrows, Lord Stephens JJSC
Privy Council— Jurisdiction— Third appeal— Court of Appeal of The Bahamas reversing judge’s determination of challenge to arbitration award but granting unsuccessful party leave to appeal to Privy Council— Challenge to jurisdiction of Court of Appeal to grant leave as amounting to third appeal— Whether initial challenge to arbitration properly categorised as appeal— Whether in any event open to Privy Council to hear third appeal on point of law—
Court of Appeal Act (Statute Law of The Bahamas, c 52), s 23
Arbitration— Award— Serious irregularity— Challenge to arbitral award on basis of arbitrator’s failure to deal with all issues raised and reaching decision by reference to considerations not canvassed during hearing— Factors to be taken into account by court when determining whether challenge to succeed on ground of serious irregularity— Whether necessary for party challenging award to expressly plead claimed irregularity having caused substantial injustice— Whether necessary for judge finding irregularity to separately address question of substantial injustice before setting aside award—
Arbitration Act 2009 (Statute Law of The Bahamas No 42 of 2009), s 90(2)