Introduction

Arbitration and mediation are critical components of modern legal systems, offering cost-effective, efficient, and investor-friendly methods of dispute resolution. While Grenada and St. Kitts and Nevis have made strides in institutionalising mediation through the Eastern Caribbean Supreme Court (ECSC) Civil Procedure Rules (CPR), their arbitration laws remain outdated and fall behind regional peers such as Trinidad and Tobago, Guyana, and Jamaica. This gap risks undermining investor confidence and economic growth in both jurisdictions. Thus, immediate legislative reform is needed to modernise arbitration frameworks, strengthen mediation, and position Grenada and St. Kitts as competitive players in the Caricom ADR region.

The Story So far

Arbitration

It is imperative to state that Arbitration legislation in Grenada and St. Kitts is outdated, lacking alignment with international standards such as the UNCITRAL Model Law and the New York Convention. In contrast, Trinidad and Tobago (2023), Guyana (2021), and Jamaica (2017) have enacted modern arbitration statutes that enhance credibility and attract international investors. Finally, the outdated frameworks in Grenada and St. Kitts pose a barrier to foreign direct investment, particularly in sectors like tourism, infrastructure, and renewable energy.

Lending credence to the above, Dr. Dawn Coteau, in recent times, have called for the establishment of a Chartered Institute of Arbitrators (CIArb) chapter in Grenada to build professional momentum and strengthen advocacy for reform.

Mediation

To reiterate, in Grenada and St Kitts and Nevis, Mediation is available through court-connected mediation under the ECSC CPR. The 2023 CPR revisions in Grenada introduced judicial settlement conferences, representing a significant innovation in dispute resolution. However, there remains no standalone Mediation Act to regulate professional accreditation, confidentiality, or the enforceability of mediated agreements. This absence limits the broader institutional development and formalisation of mediation within the region.

Comparative Perspectives

In Trinidad and Tobago, the Arbitration Act, 2023 was adopted, bringing its framework in line with UNCITRAL standards. The region also enacted the Mediation Act, 2004, which, although innovative at the time, is outdated when compared with more recent legislation in England and Wales or Nigeria.

By contrast, Guyana modernised its arbitration law in 2021, aligning with both the UNCITRAL Model Law and the New York Convention, thereby boosting investor confidence and reinforcing its commitment to international best practices. Similarly, Jamaica enacted the Arbitration Act, 2017 and has developed one of the strongest mediation infrastructures in the region through the Dispute Resolution Foundation (DRF) and the CIArb Caribbean Branch. Collectively, these reforms have positioned Trinidad and Tobago, Guyana, and Jamaica as regional ADR hubs, capable of attracting investment, reducing court backlogs, and strengthening business confidence.

Recommendations

1. The blogger recommends enacting a new Arbitration Act aligned with the UNCITRAL Model Law and the New York Convention, ensuring robust provisions for international commercial arbitration, interim measures, recognition and enforcement of awards, and party autonomy.
2. It is essential to introduce a dedicated Mediation Act that establishes accreditation standards, guarantees confidentiality, and provides for the enforceability of mediated agreements. Mediation should also be expanded beyond court-connected cases to include community, workplace, and commercial disputes.
3. There is a prominent need to support the establishment of a CIArb chapter in Grenada and/or St. Kitts to foster professional training, certification, and global linkages. Encourage collaboration among universities, bar associations, and civil society to build sustainable ADR capacity in the region.
4. Finally, the need for buy-in from all Government parastatals and stakeholders would make ADR reform a strategic priority for economic development. For example, linking ADR to investment promotion campaigns will position Grenada and St. Kitts and Nevis as reliable and efficient dispute resolution destinations.

Conclusion

Reforming arbitration and mediation laws in Grenada and St. Kitts and Nevis is not simply a legal necessity; it is an economic opportunity. By aligning with regional and international best practices, both regions can enhance investor confidence, reduce court congestion, and provide their citizenry with faster, more affordable access to justice. Without implementing the outlined reform or recommendation, Grenada and St. Kitts and Nevis risk falling further behind their Caribbean counterparts, thereby missing opportunities to strengthen their roles as competitive, investor-friendly jurisdictions in the Caribbean Community (Caricom) region.

REFERENCE

Expert Views on ADR (EVA) Vid/ Podcast Show (2025), ADR IN THE COMMONWEALTH CARIBBEAN (CC) WITH DR DAWN DE COTEAU, FCIArb.

Expert Views on ADR (EVA) Vid/ Podcast Show (2024), The State of Appropriate Dispute Resolution (ADR) in Trinidad and Tobago with Justice Anthony Gafoor.

Interviews with CC ADR Experts and Stakeholders at the Ciarb Caribbean Conference 2024.

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