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Judicial Committee of the Privy Council

This is the final court of appeal for the Turks and Caicos Islands.

To take an appeal to the Privy Council, the appellant must have been granted leave by the Court of Appeal whose decision is being appealed. In the absence of leave, permission to appeal must be granted by the Privy Council. In some cases, there is an appeal as of right and a slightly different procedure applies.

The Privy Council also has the jurisdiction, under section 85(6) of the Constitution to consider a request of the Governor under s 85(7) of the Constitution to remove a judge or Magistrate from office.

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July 2001
Bay Hotel and Resort Limited and Zurich Indemnity Company of Canada v Cavalier Construction Co. Ltd. and Cavalier Construction Co. Ltd (Turks and Caicos Islands) (Privy Council Appeal 32 of 2000) [2001] UKPC 34 (16 July 2001)
AAA institutional rules permitted the award as a "reasoned award," but arbitrators lacked jurisdiction to join and award a non‑consenting affiliate.
Arbitration – institutional rules (AAA) govern form and procedure where incorporated – meaning of "reasoned award" under AAA; Joinder – institutional/contractual clauses limiting consolidation/joinder do not confer power to add non‑consenting non‑parties; Party autonomy and consent remain fundamental; Award enforcement – award to contracting party upheld despite affiliated performance.
 16 July 2001