Gabriele Volpi and Delanson Services Limited et al - Commonwealth of the Bahamas in the Court of Appeal SCCivApp No 16 of 2024 - 21 March 2024
Country
Year
2024
Summary
Civil Appeal - Trust - Applications for a Stay of Execution of Arbitration Awards - Jurisdiction - The Arbitration Act s.89, 90, & 91 - Whether the Court has Jurisdiction to Hear Appeals Concerning the Arbitration Act s.89, 90 & 91 where Leave to Appeal has been refused - Substantive Jurisdiction - Serious Irregularity - Question of Law - Judge's refusal of Application for Leave to Appeal - Preliminary Objection.
This appeal emanates from a dispute over the entire distribution of several family trusts to Mr. Gabriele Volpi, as settlor of the Trusts by Delanson Services Limited, the trustee. The disputes were referred to a panel of three arbitrators as indicated in a provision of the trust deed that disputes be referred to binding arbitration. The panel made two awards, each being favourable to Mr. Matteo Volpi, a son of Gabriele and a beneficiary to the trust, and unfavourable to Gabriele and Delanson. Gabriele and Delanson challenged the decision of the panel in the Supreme Court under the Arbitration Act. The judge heard and dismissed the challenges. Gabriele and Delanson then filed applications for leave to appeal the judgment which were refused by the trial judge with reasons to follow. Gabriele and Delanson then filed Notices of Motions seeking inter alia, leave to appeal the judgment and the refusal of leave by the judge. Mr. Matteo Volpi then filed a Preliminary Objection stating that the Court of Appeal has no jurisdiction to hear and determine the appeals, to grant leave for any appeal, or to make any ancillary order. The Court heard the parties as to the jurisdiction of the Court. ...