Arbitration in Trinidad and Tobago After the 2023 Act

Until February 2024, arbitration in Trinidad and Tobago ran on a statute from 1939. That Act was itself built on English laws of 1889 and 1934. Business changed beyond recognition in the decades that followed; the law barely moved. International parties noticed, and many drafted their arbitrations to be seated somewhere else.

The Arbitration Act 2023 ended that era. In force since 19 February 2024, it repealed the old Chapter 5:01 and adopted the UNCITRAL Model Law. That framework is the one used by the world's main arbitration jurisdictions. A tribunal seated in Trinidad and Tobago now works under rules an international party will recognise on sight.

What the new Act changes

The tribunal rules on its own jurisdiction. The Act introduces competence-competence, a principle the old law never had. A party can no longer stall an arbitration simply by disputing the tribunal's authority; the tribunal decides that question itself.

Interim relief without waiting for a court. Once constituted, a tribunal can grant interim measures on its own authority. The courts keep a supporting role and can act to preserve assets or evidence where a tribunal cannot yet do so. For urgent asset protection, a freezing injunction remains available in aid of the process.

Modern procedure on the face of the statute. The Act provides for virtual hearings, gives tribunals control over evidence and allows related proceedings to be consolidated. Arbitration in Trinidad and Tobago can now run the way international cases actually run.

Confidentiality is statutory. Parties, tribunals and witnesses owe duties of confidentiality under the Act itself. Exceptions exist for required disclosure and the public interest. The old law left the point to inference; the new one states it.

Clearer enforcement, at home and abroad. The Act sets out a single framework for enforcing awards on New York Convention principles. Trinidad and Tobago has been a Convention state since 1966. A local award travels well, and foreign awards are recognised here in turn.

Defined grounds of challenge. An award can be set aside only on stated grounds: an invalid arbitration agreement; a tribunal or procedure that did not match what the parties agreed; an award beyond the scope of the reference; or a conflict with public policy. Losing the argument is not on the list.

One caveat worth knowing

The Act allows the courts a wider role than the pure Model Law does, closer to the English approach. Courts can be involved in appointments, jurisdiction and consolidation. Used well, that is a safety net; used tactically, it is a source of delay. The drafting of the arbitration clause and the choice of rules within it decide how much room a reluctant party has to play with.

What this means when you draft

The practical gains land at contract stage, not at the hearing. An arbitration clause now deserves three deliberate choices. Name the seat; the seat decides which law governs the process. Name the rules and the appointing body, so a stalling opponent cannot hold up the tribunal. The third choice is enforcement: start from where the other side keeps its assets.

None of this makes arbitration the automatic answer. The choice between court and arbitration still turns on the dispute, the relationship and the outcome the business needs. What the new Act removes is the old reason to avoid a Trinidad seat.

Frequently asked questions

What law governs arbitration in Trinidad and Tobago? The Arbitration Act 2023, in force since 19 February 2024. It adopts the UNCITRAL Model Law and replaced the 1939 Act, which had governed for 85 years.

Can an arbitral tribunal in Trinidad and Tobago grant interim relief? Yes. Once constituted, a tribunal can order interim measures itself. The courts retain a supporting power to preserve assets or evidence. That matters most before the tribunal exists.

Is arbitration in Trinidad and Tobago confidential? Yes, by statute. The Act places confidentiality duties on parties, tribunals and witnesses. The duty gives way only where the law requires disclosure or the public interest demands it.

Can a Trinidad and Tobago award be enforced abroad? Yes. Trinidad and Tobago has belonged to the New York Convention since 1966, and the 2023 Act aligns enforcement with Convention principles. An award made here is enforceable across the Convention's member states.

For decades the honest advice about arbitrating in Trinidad and Tobago carried an asterisk. The 2023 Act removed it. What remains is to draft for it.