The Weekly Law Reports
[2021] 2 WLR 1369
Privy Council
RAV Bahamas Ltd and another v Therapy Beach Club Inc
[2021] UKPC 8
[On appeal from the Court of Appeal of the Commonwealth of The Bahamas]
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 decision to uphold challenge to arbitration award— Whether Court of Appeal having jurisdiction to grant leave to appeal to Privy Council— Whether such appeal amounting to third appeal— Whether 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 arbitration award on basis of “serious irregularity”— Factors to be taken into account by court when determining whether serious irregularity— Whether necessary to separately and expressly allege, consider and find “substantial injustice” for serious irregularity to be established—
Arbitration Act 2009 (Statute Law of The Bahamas No 42 of 2009), s 90(2)