Introduction

Arbitration is defined as a process used by the agreement of the parties to resolve disputes. In arbitration, disputes are resolved, with binding effect, by a person or persons acting in a judicial manner in private, rather than by a national court of law that would have jurisdiction but for the agreement of the parties to exclude it. The decision of the arbitral tribunal is usually called an award.
This procedure for resolving disputes has been accepted internationally as a viable alternative to litigation. The trend worldwide has been to increase its use. There are encouraging signs in Jamaica that the commercial sector would like to see this happen also.
A major problem however is the state of the law. The principal arbitration statute in Jamaica is more than 100 years old. It is the Arbitration Act 1900 which is modelled off the United Kingdom (UK) Arbitration Act, 1889.
Since that time, arbitration law has seen many far-reaching developments. Of particular note is the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration 1985 which was amended in 2006 ( 'the Model Law'). Over fifty-five countries have enacted legislation based on the Model Law.

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A Case for Modernising the Jamaican Arbitration Statute

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