III Trust Arbitration as a Matter of National Law, 13 Arbitration of Trust Disputes Under the Bahamas Trustee Act 1998

Subject(s):

Arbitrability — Arbitral agreements — Arbitral tribunals — Arbitrators

This chapter focuses on the Bahamas Trustee Amendment Act 2011 (amending the Bahamas Trustee Act 1998 and adding new sections 91A, 91B, and 91C), which introduced a comprehensive regime for the arbitration of trust disputes. The goal of the new regime is to enable settlors to impose mandatory arbitration of all internal trust disputes and questions so as to avoid any need to involve the court. In addition to introducing mandatory arbitration, the legislation also provides for wide powers, equivalent to those of the court, to be given to the arbitral panel, including express provision for the appointment of representatives on behalf of minor, incapacitated, and unborn beneficiaries.