MV v DSL & GV: arbitration, governing law and jurisdiction clauses
Two judgments, delivered by the Bahamian Supreme Court on 27 November 2018 and 7 August 2019 in ongoing litigation brought by MV against DSL and GV, provide useful guidance on changing a governing law and the efficacy of arbitration clauses. Courts are ready to construe arbitration clauses in deeds and statutes liberally to achieve their purposes. Sometimes, the best they can do is to highlight any statutory lacuna so that the law can be changed eg by Rules of Court.
Partners Brian Simms QC and Marco Turnquest provide insight on the judgements handed down in their case note ‘MV v DSL & GV: arbitration, governing law and jurisdiction clauses’, published by Oxford University Press in Trusts & Trustees, Volume 25, Issue 10, December 2019, Pages 1086–1089.
Follow the link below for access to the full article and PDF version: