Bahamas updates
Arbitration & ADR
Supreme Court identifies its jurisdictional limits to assist in trust arbitration proceedings
- Bahamas
- 05 September 2019
The Supreme Court recently clarified its jurisdictional limits to assist in trust-related arbitrations, ruling that it has no such jurisdiction to allow service outside an action's jurisdiction. Given this ruling, parties to trust arbitration agreements must be cognisant that, notwithstanding whether their trust deeds provide for the seat of any arbitration to be The Bahamas, the court can provide only limited assistance where the arbitration is not held and the parties or assets are not in The Bahamas.
Aviation
Contributed by HarleyJamesEfforts to restore and boost air travel
- Bahamas
- 25 November 2020
Like the rest of the world, the Bahamian aviation sector continues to reel from the effects of the COVID-19 pandemic. Minister of Tourism and Aviation Dionisio D'Aguilar recently addressed the easing of restrictions on air travel to, from and within The Bahamas. A travel health visa, subject to certain exceptions (eg, children under 10 years of age and crew of commercial airlines), is still required by persons travelling into or within The Bahamas.
Second eclipse for aviation sector?
- Bahamas
- 02 September 2020
The overall effect of the COVID-19 crisis on the Bahamian aviation sector is unknown and may be for some time; however, there is no doubt that the short-term effects have been severe. Tourism and aviation in The Bahamas go hand in hand, with one affecting the other. The pandemic may provide an opportunity for the country's aviation industry, as there is increasing interest from private aircraft owners and those willing to spend a little more in order to avoid the constraints of scheduled commercial travel.
COVID-19: aviation industry in eclipse?
- Bahamas
- 22 April 2020
The COVID-19 pandemic has turned the global aviation industry on its head with operations slowly grinding to a complete halt. At present, no international or domestic flights are permitted to operate to, from or within The Bahamas with the exception of those authorised by The Bahamas Civil Aviation Authority to conduct cargo or emergency relief flights.
Aviation 2019: a year in review
- Bahamas
- 25 March 2020
There was much progress in The Bahamas' aviation sector in 2019; in particular, the completion of the runway rehabilitation project at the country's gateway airport and the aircraft registry project. Unfortunately, there were also a few setbacks. This article provides an overview of the main issues that affected the aviation sector in The Bahamas over the past 12 months.
Gateway to The Bahamas: runway rehabilitation project
- Bahamas
- 16 October 2019
In recent years, there has been significant growth in air traffic to and from The Bahamas. As a result, the government has taken proactive steps to support this growth – notably, with upgrades to several of the country's busiest airports. For example, the Nassau Airport Development Company recently commenced a major rehabilitation project at the Lynden Pindling International Airport. This project will, among other things, include an asphalt upgrade to increase the runway's lifespan.
Corporate & Commercial
COVID-19: force majeure and contract frustration
Lennox Paton- Bahamas
- 05 October 2020
The COVID-19 pandemic has disrupted commercial activity on a global scale, challenging contracting parties' ability to fulfil their legal obligations. Force majeure clauses and frustration principles may provide some relief to those which may otherwise incur liability because of non-performance. However, there does not appear to be any clear case law precedent for COVID-19, so it is uncertain whether the pandemic will be deemed a frustrating event by the courts.
Employment & Immigration
COVID-19: lay-offs, short time and redundancies – what you need to know
Lennox Paton- Bahamas
- 15 April 2020
In times of crisis such as the current COVID-19 pandemic, employers and employees alike need to be aware of their rights and obligations. Employers should ensure that lay-off or short-time actions are taken with due consideration and in accordance with the Employment Act. Employees should be prepared for the possibility of being laid off or put on short time and, understanding their options under the law, work with their employer to produce the best outcome for both parties.
Environment & Climate Change
New legislation aims to promote proper use of environment
Lennox Paton- Bahamas
- 07 December 2020
In December 2019 Parliament passed a package of environmental bills geared towards developing, reinforcing and strengthening the laws which promote and support the management, protection, enhancement and proper use of the Bahamian environment. This article provides an overview of the Environmental Planning and Protection Act and the Environmental Impact Assessment Regulations.
