Lex Mundi Global Arbitration Institutions Guide |
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Trinidad and Tobago |
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(Latin America/Caribbean)
Firm
Hamel-Smith
Contributors
Jonathan Walker |
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| Name of Arbitral Institution; with abbreviation, if any. | There is no formal, recognized Arbitral Institution in the country. |
| Where is the seat of the Arbitral Institution? | Not applicable |
| Is there an umbrella organization for the Arbitral Institution? | There is no umbrella organization, however there is legislation that regulates arbitrations that take place in Trinidad and Tobago and which permits the Court to act to appoint the arbitrator and to set the terms of reference in default of agreement of the parties. |
| How is the Arbitral Institution structured? | Not applicable |
| Is there a compulsory list of arbitrators that parties are required to choose from? | There is no compulsory list of arbitrators, Parties are free to select arbitrator(s) by agreement or in default the arbitrator(s) will be appointed by the Court. |
| Can the place of arbitration freely be chosen by the parties? Is there a default place of arbitration? | The parties may freely chose the place of arbitration. There is no default place of arbitration, accordingly if a place is not specified in the arbitration agreement then it will have to be determined in accordance with the general provisions regarding implied terms and conflict of laws. |
| What is the amount of the registration fee? | Not applicable. |
| What is the average cost of an arbitration in the following cases? 1 arbitrator, amount in dispute = $1 million | This depends on the complexity of the matter as well as the number of arbitrators and whether the arbitrators are local or foreign. Generally, where the amount in dispute is $1M or less then the dispute is more likely to be determined by a single arbitrator who is locally based. In such a case the arbitrator's costs are likely to be in the region of $100,000 to $150,000. |
| What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $10 million | Where the amount in dispute is $10M, then, unless the issue is a narrow or simple one, it is more likely to be determined by a panel of 3 arbitrators. In such a case the costs are likely to be in the region of $350,000 to $450,000. |
| What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $100 million | Disputes in the amount of $100M are more likely to be conducted under one of the international arbitration centers (such as the ICC) and/or are also more likely to feature foreign based arbitrators. The costs of such an arbitration is likely to be in excess of $1M. |
| Who pays advances on costs? What happens in the event of default? | Payment of advances on costs are determined by the arbitrator. The usual order is that these be paid equally by the parties. The direction would also usually specify that if one party fails to pay then the other shall make the payment on their behalf failing which the proceedings will be stayed. |
| Does the Arbitral Institution have formalistic procedures (e.g. terms of reference) that must be complied with? If so, which ones? | Not applicable. |
| Which languages can be used for communication with the Arbitral Institution? | Not applicable. |
| Who is the main point of contact for the parties within the Arbitral Institution? | Not applicable. |
| Are there restrictions on the language that the arbitration may be conducted in? | Not applicable. |
| Who appoints substitute arbitrators? | The parties may appoint by agreement or failing consensus the Court shall make the appointed. |
| Are there specific regulations for multi-party arbitrations or joinders to the proceedings? | There are no specific regulations for multi-party arbitrations or joinders to the proceedings. |
| Are oral hearings compulsory? | There is no provision which specifically makes oral hearings compulsory, That said, they are the norm and if they are not held (save for good reason, such as the no-appearance of a party) then the award may set aside by the Court if the Court considers that the procedure was not in keeping with the rules of natural justice. |
| What are common evidence-taking practices? | The common practice is for witness statements to be submitted and for witnesses to be cross examined on their statements. There are provisions for the issue of a subpoena to witnesses to testify or to produce documents. There is no procedure for deposing of witnesses. |
| What is the average duration of arbitration proceedings? | This is subject to many vagaries, but generally proceedings have a duration of 2 to 3 years. |
| What is the timeframe for rendering the award? | There is no fixed time for rendering the award. |
| Are extensions to time limits permissible? | Not applicable. |
| Can the arbitral tribunal impose interim measures? Is there a competing competency of the ordinary courts with regard to interim measures? | Under the Arbitration Act, the arbitral tribunal can impose interim measures. The ordinary courts retain a jurisdiction to make an interim order to preserve the subject matter of the proceedings, though once the jurisdiction of the tribunal has been established a Court is less likely to entertain such an application. |
| Do the institutional rules provide for an emergency arbitrator? | There is no provision in the Arbitration Act for an emergency arbitrator. |
| Are there any specific regulations for expedited proceedings? If so, is there a deadline for rendering such an award? | The Arbitration Act contains no such provisions or regulations. |
| Are arbitral awards submitted for scrutiny? If so, to whom? | The awards are not submitted for scrutiny. That said, the Court retains a jurisdiction to set aside the award if it can be shown that the arbitrator(s) was guilty of misconduct. |
| Do costs necessarily follow the event? | Absent a provision to the contrary in the arbitration agreement the arbitrator has the discretion to award costs and they generally follow the event. |
| Can an arbitral award be annulled in your jurisdiction? If yes, do the reasons for annulment in principle correspond to the reasons for denial of enforcement according to the New York Convention? | Yes the award may be annulled for reasons that correspond to the denial of enforcement according to the New York Convention. |
| Link to institutional rules | Not applicable |
| Link to model clause | Not applicable |
Lex Mundi Global Arbitration Institutions Guide
Trinidad and Tobago
(Latin America/Caribbean) Firm Hamel-SmithContributors Jonathan Walker
Updated 01 Nov 2018There is no formal, recognized Arbitral Institution in the country.
Not applicable
There is no umbrella organization, however there is legislation that regulates arbitrations that take place in Trinidad and Tobago and which permits the Court to act to appoint the arbitrator and to set the terms of reference in default of agreement of the parties.
Not applicable
There is no compulsory list of arbitrators, Parties are free to select arbitrator(s) by agreement or in default the arbitrator(s) will be appointed by the Court.
The parties may freely chose the place of arbitration. There is no default place of arbitration, accordingly if a place is not specified in the arbitration agreement then it will have to be determined in accordance with the general provisions regarding implied terms and conflict of laws.
Not applicable.
This depends on the complexity of the matter as well as the number of arbitrators and whether the arbitrators are local or foreign. Generally, where the amount in dispute is $1M or less then the dispute is more likely to be determined by a single arbitrator who is locally based. In such a case the arbitrator's costs are likely to be in the region of $100,000 to $150,000.
Where the amount in dispute is $10M, then, unless the issue is a narrow or simple one, it is more likely to be determined by a panel of 3 arbitrators. In such a case the costs are likely to be in the region of $350,000 to $450,000.
Disputes in the amount of $100M are more likely to be conducted under one of the international arbitration centers (such as the ICC) and/or are also more likely to feature foreign based arbitrators. The costs of such an arbitration is likely to be in excess of $1M.
Payment of advances on costs are determined by the arbitrator. The usual order is that these be paid equally by the parties. The direction would also usually specify that if one party fails to pay then the other shall make the payment on their behalf failing which the proceedings will be stayed.
Not applicable.
Not applicable.
Not applicable.
Not applicable.
The parties may appoint by agreement or failing consensus the Court shall make the appointed.
There are no specific regulations for multi-party arbitrations or joinders to the proceedings.
There is no provision which specifically makes oral hearings compulsory, That said, they are the norm and if they are not held (save for good reason, such as the no-appearance of a party) then the award may set aside by the Court if the Court considers that the procedure was not in keeping with the rules of natural justice.
The common practice is for witness statements to be submitted and for witnesses to be cross examined on their statements. There are provisions for the issue of a subpoena to witnesses to testify or to produce documents. There is no procedure for deposing of witnesses.
This is subject to many vagaries, but generally proceedings have a duration of 2 to 3 years.
There is no fixed time for rendering the award.
Not applicable.
Under the Arbitration Act, the arbitral tribunal can impose interim measures. The ordinary courts retain a jurisdiction to make an interim order to preserve the subject matter of the proceedings, though once the jurisdiction of the tribunal has been established a Court is less likely to entertain such an application.
There is no provision in the Arbitration Act for an emergency arbitrator.
The Arbitration Act contains no such provisions or regulations.
The awards are not submitted for scrutiny. That said, the Court retains a jurisdiction to set aside the award if it can be shown that the arbitrator(s) was guilty of misconduct.
Absent a provision to the contrary in the arbitration agreement the arbitrator has the discretion to award costs and they generally follow the event.
Yes the award may be annulled for reasons that correspond to the denial of enforcement according to the New York Convention.
Not applicable
Not applicable