Arbitration Clauses (Protocol) Act


Published: 1931-05-28

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Arbitration Clauses (Protocol) Act
ARBITRATION CLAUSES (PROTOCOL) [CH.181 – 1


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

ARBITRATION CLAUSES (PROTOCOL)
CHAPTER 181

ARBITRATION CLAUSES (PROTOCOL)

ARRANGEMENT OF SECTIONS
SECTION

1. Short title.
2. Staying of court proceedings in respect of matters to be referred to arbitration under

commercial agreement.

SCHEDULE —Protocol on Arbitration Clauses.


ARBITRATION CLAUSES (PROTOCOL) [CH.181 – 3


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

CHAPTER 181

ARBITRATION CLAUSES (PROTOCOL)
An Act give effect to a Protocol on Arbitration Clauses

signed on behalf of His Majesty at a meeting of the Assembly
of the League of Nations held on the twenty-fourth day of
September, nineteen hundred and twenty-three.

[Commencement 28th May, 1931]
WHEREAS at a meeting of the Assembly of the

League of Nations held on the twenty-fourth day of
September, nineteen hundred and twenty-three, the proto-
col on arbitration clauses set forth in the Schedule to this
Act was signed on behalf of His Majesty;

AND WHEREAS for the purpose of giving effect to
the said protocol it is expedient that the provisions
hereinafter contained shall have effect;

1. This Act may be cited as the Arbitration Clauses
(Protocol) Act.

2. Notwithstanding anything in the Arbitration Act,
if any party to a submission made in pursuance of an
agreement to which the said protocol applies or any person
claiming through or under him, commences any legal
proceedings in any court against any other party to the
submission, or any person claiming through or under him,
in respect of any matter agreed to be referred, any party to
such legal proceedings may at any time after appearance,
and before delivering any pleadings or taking other steps in
the proceedings, apply to that court to stay the proceedings,
and that court or a judge thereof, unless satisfied that the
agreement or arbitration has become inoperative or cannot
proceed or that there is not in fact any dispute between the
parties with regard to the matter agreed to be referred, shall
make an order staying the proceedings.

11 of 1931

Schedule.

Short title.

Staying of court
proceedings in
respect of matters
to be referred to
arbitration under
commercial
agreement.
Ch. 180.

CH.181 – 4] ARBITRATION CLAUSES (PROTOCOL)





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

SCHEDULE

PROTOCOL ON ARBITRATION CLAUSES
The undersigned, being duly authorised, declare that they

accept, on behalf of the countries which they represent, the
following provisions1. Each of the Contracting States recognises
the validity of an agreement whether relating to existing or future
differences between parties, subject respectively to the jurisdiction
of different Contracting States by which the parties to a contract
agree to submit to arbitration all or any differences that may arise
in connection with such contract relating to commercial matters or
to any other matter capable of settlement by arbitration, whether
or not the arbitration is to take place in a country to whose
jurisdiction none of the parties is subject.

Each Contracting State reserves the right to limit the
obligation mentioned above to contracts which are considered as
commercial under its national law. Any Contracting State which
avails itself of this right will notify the Secretary-General of the
League of Nations, in order that the other Contracting Slates may
be so informed.

2. The arbitral procedure, including the constitution of the
arbitral tribunal, shall be governed by the will of the parties and by
the law of the country in whose territory the arbitration takes place.
The Contracting States agree to facilitate all steps in the procedure
which requires to be taken in their own territories, in accordance
with the provisions of their law governing arbitral procedure
applicable to existing differences.

3. Each Contracting State undertakes to ensure the execution
by its authorities and in accordance with the provisions of its
national laws of arbitral awards made in its own territory under
the preceding articles.

4. The tribunals of the Contracting Parties, on being seized
of a dispute regarding a contract made between persons to whom
Article 1 applies and including an arbitration agreement whether
referring to present or future differences which is valid in virtue of
the said article and capable of being carried into effect, shall refer
the parties on the application of either of them to the decision of
the arbitrators.

Such reference shall not prejudice the competence of the
judicial tribunals in case the agreement or the arbitration cannot
proceed or becomes inoperative.

5. The present protocol, which shall remain open for
signature by all States, shall be ratified. The ratifications shall be
deposited as soon as possible with the Secretary-General of the
League of Nations, who shall notify such deposit to all the
signatory States.

Note.–This
protocol remains
In force under
the auspices of
the United
Nations
Organisation and
the Secretary-
General of
U.N.O. carries
out the functions
of the Secretary-
General of the
League of
Nations under the
protocol.

ARBITRATION CLAUSES (PROTOCOL) [CH.181 – 5


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

6. The present protocol shall come into force as soon as two
ratifications have been deposited. Thereafter it will take effect, in
the case of each Contracting State, one month after the notification
by the Secretary-General of the deposit of its ratification.

7. The present protocol may be denounced by any Contracting
State on giving one year’s notice. Denunciation shall be effected by
a notification addressed to the Secretary-General of the League,
who will immediately transmit copies of such notification to all the
other signatory States and inform them of the date on which it was
received. The denunciation shall take effect one year after the date
on which it was notified to the Secretary-General, and shall operate
only in respect of the notifying State.

8. The Contracting States may declare that their acceptance of
the present protocol does not include any or all of the
undermentioned territories: that is to say, their colonies, overseas
possessions or territories over which they exercise a mandate. The
said States may subsequently adhere separately on behalf of any
territory thus excluded. The Secretary-General of the League of
Nations shall be informed as soon as possible of such adhesions. He
shall notify such adhesions to all signatory States. They will take
effect one month after the notification by the Secretary-General to
all signatory States.

The Contracting States may also denounce the protocol
separately on behalf of any of the territories referred to above.
Article 7 applies to such denunciation.