The Bahamian law firm, Lennox Patton, has published a fascinating case summary of a recent, unreported decision of the Supreme Court of the Bahamas (whose website, incidentally, could benefit from a bit of an update…)
The case summary is worth reading in full, but in very brief summary, the Plaintiff issued Court proceedings claiming damages for breach of contract.
The Defendant, however, successfully applied for a stay of the Court proceedings, pursuant to Section 9 of the Arbitration Act 2009 and the inherent jurisdiction of the court, on the basis of an arbitration agreement between the parties.
The interesting feature of the arbitration agreement was that, like many other ADR clauses these days, it required the parties to engage in mediation as a condition precedent to any arbitration.
The effect of the Court’s judgment, therefore, appears to have been that the Court proceedings were stayed not only in favour of arbitration, but also in favour of pre-arbitration mediation between the parties.
From a Bermudian perspective, there is an article addressing the Bermuda Court’s approach to mediation that is available online, first published by the law firm Sedgwick Chudleigh.