RAV Bahamas Ltd v Therapy Beach Club Inc

Subject Matter

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

[2021] UKPC 8; [2021] AC 907; [2021] 2 WLR 1369; [2022] 1 All ER 610; [2021] 2 All ER (Comm) 1159; [2021] 2 Lloyd's Rep 188; [2021] WLR(D) 212, PC

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)

[2021] UKPC 8; [2021] AC 907; [2021] 2 WLR 1369; [2022] 1 All ER 610; [2021] 2 All ER (Comm) 1159; [2021] 2 Lloyd's Rep 188; [2021] WLR(D) 212, PC