Monthly Archives: June 2021

On 19 April 2021, the Judicial Committee of the Privy Council (Privy Council) rendered its decision in RAV Bahamas and another v Therapy Beach Club Incorporated (Bahamas)1 (available here) on the requirement under Section 90 of the Bahamas Arbitration Act 2009 (Bahamas Act) for a party to separately and expressly plead, and for a court to separately and expressly find, substantial injustice where an award is challenged on the basis of a serious irregularity that affects the tribunal, the proceedings or the award. Section 90, which is materially identical to Section 68 of the English Arbitration Act 1996 (English Act), provides that a party may challenge an award on the basis of one or more enumerated kinds of irregularities which the court considers has caused or will cause substantial injustice to the applicant.

In summary, the Privy Council found the following:

The decision marks the first time in over 15 years that the substantial injustice requirement has been considered by a highest appellate court since the decision of the UK House of Lords in Lesotho Highlands Development Authority v Impregilo SpA2 (available here). The Privy Council is comprised of Justices of the UK Supreme Court and serves as the court of final appeal for the UK overseas territories and Crown dependencies. Given the similarities between Section 90 of the Bahamas Act and Section 68 of the English Act, the decision will form an important part of the jurisprudence surrounding challenges to awards in English-seated arbitrations on grounds of serious irregularity. The reasoning of the Court will likely also be considered by courts of other jurisdictions that are called upon to address pleading requirements in challenges to awards.

The following sections set out the background to the dispute and summarise the findings of the Supreme Court and Court of Appeal of the Bahamas, before discussing the decision of the Privy Council. The final section considers the implications of the decision.

I. BACKGROUND

The applicants (RAV) leased land to the respondent (Therapy) for the building and operations of a restaurant and beach club in the Bahamas called Sakara Beach Club (Sakara). The lease agreement contained an option to renew the lease for a further 5-year term that could be exercised on 6-months notice and was subject to the parties agreeing to rents for the renewal term.

The dispute arose out of delays in the development of the restaurant and the eventual eviction of Therapy from and demolition of Sakara by RAV. Therapy claimed that it had been wrongfully evicted and sought lost profits for the duration of the lease and the renewal term, which spanned a total of 6 years. Therapy also sought lost profits in relation to a separate restaurant in the vicinity, Atlantic Seafood, on the basis that it formed part of the lease following a variation of the agreement by the parties. RAV denied all the claims.

The dispute was submitted to an ad hoc arbitration where the sole arbitrator found the following after a 6-day hearing: (i) Therapy had been wrongfully evicted form Sakara; (ii) the lease had not been varied by the parties to include Atlantic Seafood; and (iii) Therapy was entitled to its lost profits in relation to Sakara for the entire 6-year period. In assessing Therapys damages, the arbitrator relied on the evidence of Therapys quantum expert but discounted the damages in two ways to exclude any losses flowing from the claim in relation to Atlantic Seafood and to account for the fact that the experts analysis was not based on documentary evidence. The parties had not made specific submissions on any discounts to be applied to Therapys damages, including in the event Therapy lost any part of its claims. Therapy was awarded a total of $ 9.67 million, plus interest.

RAV challenged the award under Section 90 of the Bahamas Act on two grounds:

In the first instance, the Supreme Court of the Bahamas upheld the challenge on both grounds and remitted the award to the arbitrator for further consideration. The Court found that Therapys losses for the renewal term depended on whether the lease had been validly renewed. The award indicated that the arbitrator had not considered this issue that was important to Therapys entitlement to damages. The Court also found that the arbitrator had not given the parties an opportunity to address the method of adjusting Therapys damages, which was only brought to the parties attention in the award itself. The Court did not, however, make any express or separate finding that the serious irregularities caused RAV substantial injustice.

By a majority, the Court of Appeal of the Bahamas set aside the first instance decision and upheld the award. Relying on the House of Lords decision in Lesotho, the Court held that a serious irregularity challenge required a showing, as a precondition, that there had been substantial injustice. Here, the Court found that (i) RAV did not expressly and separately plead and establish that it had suffered or would suffer substantial injustice as a result of the irregularities; and (ii) the Supreme Court failed to make an express and separate finding on the issue of substantial injustice. The Court considered that the real complaint made by RAV was that the arbitrator had made errors of law.

II. PRIVY COUNCIL DECISION

The main issue of interpretation before the Privy Council, as expressed by the Court, was whether section 90 requires there to be a separate and express allegation, consideration and finding of substantial injustice for a serious irregularity to be established.3 As discussed below, the Privy Council answered that question in the negative and remitted the award to the arbitrator on terms largely consistent with findings of the Supreme Court.

A. Separate and Express Allegation and Finding of Substantial Injustice

The Privy Council began its discussion of the substantial injustice requirement by stressing the narrow scope of application of Section 90 to challenge awards. Recalling well-established case law, the Privy Council emphasised that the English Act, which its Bahamian counterpart is based on, was designed to significantly reduce the extent of judicial intervention in arbitral proceedings. Section 68 of the English Act (like Section 90 of the Bahamas Act) forms an integral part of that design by permitting challenges to awards where (i) there is a serious irregularity, as identified in the closed list of irregularities in Section 90; and (ii) that has caused or will cause the applicant substantial injustice.4 The burden of proof rests on the applicant challenging the award.5

Reiterating the explanatory notes of the Department Advisory Committee in drafting the English Act and the House of Lords decision in Lesotho, the Privy Council stressed the high threshold and high hurdle imposed by the serious irregularity limb of Section 68,6 which was only available in extreme cases where the tribunal has gone so wrong in its conduct of the arbitration that justice calls out for it to be corrected.7 The purpose of Section 68 was to ensure due process in the arbitral proceedings, not that a correct decision had been reached.8

The substantial injustice requirement in Section 68 provides a further hurdle to a challenge. As aptly described by the House of Lords in Lesotho, it is designed to weed out technical and unmeritorious challenges.9 The Privy Council noted that there will be substantial injustice where it is established that, had the irregularity not occurred, the outcome of the arbitration might have been different.10 Importantly, the Privy Council recognised that some irregularities may be so serious that substantial injustice is inherently likely to result11 and an inference of substantial injustice almost goes without saying.12

Turning to the issue before it, the Privy Council considered that it is good practice for an applicant raising a Section 90 challenge (or Section 68 under the English Act) to set out in its pleadings the listed irregularity in Section 90 that it relied upon, its grounds for asserting the existence of the irregularity in its case and that the irregularity has caused or will cause it substantial injustice.13 It would equally be good practice for a court to specifically consider each of these issues. However, that good practice did not amount to a mandatory requirement,14 a failure of which would itself defeat an application.15 The Privy Council cautioned against undue formalism where, on the facts, substantial injustice is apparent.16

B. Failure to Address Issues Put To The Arbitrator

The Privy Council agreed with the Supreme Court, upholding the challenge to the award on Ground 1 on the basis that the arbitrator failed to consider whether the lease had been validly renewed.

After reviewing the record, including the pleadings and transcripts of the hearing before the arbitrator, the Court found that the issue of whether the lease had been validly renewed had been put before, and sufficiently drawn to the attention of, the arbitrator. This was an issue that the arbitrator ought to have dealt with because it was essential or crucial to the determination of the parties claims and defences.17 Put simply, the arbitrator could not have concluded that Therapy was entitled to damages for the renewal term without first determining whether the lease had been validly renewed, giving Therapy a right to use the premises for that period. The question was whether the issue had, in fact, been dealt with by the arbitrator.

In undertaking that analysis, the Court cautioned against adopting a hypercritical or excessively syntactical reading and instead urged the use of a fair, commercial and commonsense reading.18 The courts must give arbitrators a wide margin of deference to determine how to address an issue, which they can do in any way. On reviewing the award, however, the Court found that the arbitrator made no reference to or ruling on the lease renewal. Importantly, the Court also found that it could not infer that the arbitrator had implicitly rejected the point because the award did not refer to it at all.19

While RAVs application challenging the award did not made specific reference to the substantial injustice caused by this omission, the Court found that this was apparent because the failure was described in the pleadings as critical and as affecting a large portion of the award.20 In upholding the challenge, the Supreme Court used similar language, which in effect amounted to a finding of substantial injustice.21 The Court found that the nature of the irregularity and failure of due process in the present case meant substantial injustice was inherently likely.22

C. Failure to Provide Opportunity To Make Representations

The Privy Council partially agreed with the Supreme Court to uphold the challenge to the award on Ground 2 on the basis that the arbitrator failed to give RAV an opportunity to address the appropriate discount to be applied to Therapys damages.

The Court recalled that natural justice requires parties to have an opportunity to address arbitrators on specific matters that an award is based on and, conversely, parties should not learn of adverse points for the first time in the award itself.23 As with a failure to address issues, the Court urged a careful approach in determining whether a party had been deprived of a right to present its case.24

On the facts, the Court found that there was no irregularity in the arbitrators approach of applying a 15% discount to the quantification of damages by Therapys expert. The Court considered that it should have been obvious that there were weaknesses in Therapys expert evidence because it was not supported by documentary evidence.25

On the one-third deduction in damages for the Atlantic Seafood claim, however, the Court found that RAV had not been given an opportunity to address the arbitrator. In reaching that conclusion, the Court disagreed with the finding of the Court of Appeal that it was sufficient that the parties knew that consequential damages were in issue and that the parties could make whatever representation they considered appropriate.26 On substantial injustice, and as with Ground 1, the Court held that it goes without saying and is self-evident that an arbitrary deduction of damages is seriously prejudicial.27 RAVs failure to expressly plead the point, and the lack of an express finding by the Supreme Court, were not fatal.

III. IMPLICATIONS

As a judgment of the Privy Council on a provision that is materially identical to Section 68 of the English Act, the RAV decision forms part of an important body of law on challenges to awards in English-seated arbitrations.

The decision marks a pragmatic approach of the English courts to pleading requirements for substantial injustice, which is a welcome clarification on the application of Section 68. Given the strong persuasive effect of English judgments on courts of other Commonwealth jurisdictions, the RAV decision will also provide a useful starting point for analysis when similar issues arise in the context of other arbitral laws. While the Court eschewed a formalistic approach, to avoid protracted litigation on whether the requirements of Section 68 have been properly established, parties would be well advised to clearly plead the specific irregularity under Section 68 on which they rely to challenge an award and to explain why that irregularity has caused or will cause the party substantial injustice.

While the Privy Council upheld the challenge on the facts of the case, it bears emphasis, that the irregularities in question in the RAV decision were significant and could have had a material impact on the outcome of the award. The Privy Council was careful to reiterate prior case law and emphasise that challenges under Section 90 (and Section 68 of the English Act) would not easily succeed. The Courts pragmatism in the RAV decision should not, therefore, be mistaken as a harbinger for a more interventionist approach by the English courts.

Footnotes -

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8.

Lesotho Highlands Development Authority v Impregilo SpA [2005] UKHL 43.

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at para. 2.

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at paras. 28, 52.

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at para. 52.

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at para. 31.

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at para. 30 (citing the Report of the Department Advisory Committee).

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at para. 32.

Lesotho Highlands Development Authority v Impregilo SpA [2005] UKHL 43, at para. 28 (per Lord Steyn).

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at para. 34.

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at para. 35 (citing Ascot Commodities NV v Olam International Ltd [2002] CLC 277 at pp 284F-285A)

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at para. 36 (citing Secretary of State for the Home Department v Raytheon Systems Ltd [2014] EWHC 4375 (TCC), at para. 61)

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at para. 53.

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at para. 54.

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at para. 88.

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at paras. 72-74.

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at para. 41.

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at para. 43 (citing Secretary of State for the Home Department v Raytheon Systems Ltd [2014] EWHC 4375 (TCC), at para. 33).

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at para. 61.

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at para. 65.

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at para. 67.

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at para. 69.

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at para. 46 (citing to Zermalt Holdings SA v Nu-Life Upholstery Repairs Ltd [1985] 2 EGLR 14, at p. 15)

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at para. 50.

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at para. 586.

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at paras. 81-82.

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at para. 84.

See the original post here:

RAV Bahamas and another v Therapy Beach Club Incorporated (Bahamas): Judicial Committee of the Privy Council Rules on Substantial Injustice...

NASSAU, BAHAMAS The Bahamas Ministry of Tourism and Aviation (BMOTA) in a press statement yesterday outlined a number of flights that have resumed to The Bahamas from international destinations as the tourism industry attempts to rebound.

The statement emphasized there are plenty of ways for every type of traveler to get to The Bahamas by air this summer, noting: The Bahamas is quite literally positioned as the closest Caribbean destination to the US. Theres no need to hop on a plane across the world to get the vacation youve been wishing for.

New Yorkers looking to escape the east coast can fly Delta, Jet Blue, American Airlines or United non-stop to Nassau.

Silver Airways offers many flight options to The Bahamas from Fort Lauderdale, including to Abaco, Eleuthera, Exuma, Bimini and Nassau.

Those traveling from Florida have plenty of options to get to Nassau via Bahamasair from Fort Lauderdale, Miami, West Palm Beach and Orlando.

Houstonians can trade the Gulf of Mexico for the blue hues of The Bahamas via Uniteds nonstop flights to Nassau. Dallas-area residents can also fly into Nassau twice weekly from Dallas-Fort Worth International Airport. Denver and Houston residents can book one-stop flights to Grand Bahama, Exuma, Eleuthera and Abaco via the airline as well.

Delta Airlines also offers daily flights from Atlanta to Eleuthera and Exuma, with Minister of Tourism and Aviation Dionisio DAguilar recently noting increased interest in travel to secluded Family Island destinations.

BMOTAs statement noted: The Bahamas Out Islands are known for their secluded nature, not to mention theyre home to some of the most beautiful beaches in the world. For those seeking an under-the-radar vacation and want to opt in to everything or nothing at all, there is plenty to choose from with these flight options.

The ministry also outlined several upcoming flight schedules, including Southwest Airlines and Sunwing Airlines flights set to begin later this year.

Southwest Airlines has announced the resumption of its daily flights from Fort Lauderdale to Nassau beginning October 7, 2021, the BMOTA statement read.

The airline will also resume its Saturday and Sunday service from Baltimore/Washington International Thurgood Marshall Airport (BWI) to Lynden Pindling International Airport (NAS) beginning October 7, 2021. Flights are available for booking today.

Canadians can also look forward to the return of travel to The Bahamas with resumed service from Toronto to Nassau via Sunwing Airlines beginning June 27.

DAguilar added: Travelers have been daydreaming of a vacation in The Bahamas for nearly a year-and-half, and were so thrilled there are so many nonstop and one-stop flight options to make a Bahamian escape a reality.

For more information, visit https://www.bahamas.com/getting-here/flying.

Visit link:

BMOTA outlines increased flights to The Bahamas amid tourism upswing - EyeWitness News

Renowned for her irrelevant take on style and design, India Hicks has quietly built a lifestyle brand from her base on Harbour Island in The Bahamas. As the daughter of legendary designer David Hicks, the former Ralph Lauren model combines English eccentricity with laid-back Caribbean culture, in her stylish modern home in the ocean.

Her latest book, An Entertaining Story, delves into the imaginative spin on entertaining, offering clever improvisations and fun ideas for table settings, with a sprinkling of recipes and family tales. We caught up with India on the highlights of Harbour Island.

(Image credit: Getty Images)

Any time but September and October (they're the rainiest months with a threat of hurricanes). The rest of the year offers pink sands, turquoise waters, turtles, and dolphins.

Hibiscus Hill, Harbour Island. There's a variety of guest houses, from townhouses to beach houses, all with their own personality and charm.

(Image credit: Alamy)

The Island Store in Lyford Cay offers traditional Caribbean home goodies with a huge splash of color, pattern, and panache. Browse batik quilts, pineapple lamps, pottery, linen napkins, and candles.

The Dunmore hotel restaurant is designed by the talented Amanda Lindroth, who understands the history of The Bahamas. The style, the architecture, and the climate are all imprinted on her work: lots of white canvas, upholstery, boldly colored peach stripes, rattan, and cane furniture.

See: 12 modern summer house ideas how to create a serene escape in your own garden

(Image credit: Alamy)

Princess Street Gallery on Harbour Island showcases an extraordinary collection of tropical-inspired by The Bahamas. Peek at the pink sand, azure sea, sun-washed cottages, and at the gentle people that have been luring artists here for more than 100 years.

Lighthouse beach has endless miles of unspoiled soft rose sand and is considered to be one of the most magnificent beaches in The Bahamas. At this hidden gem, you can play in two bodies of water almost simultaneously, the Caribbean and the Atlantic.

Harbour Island in The Bahamas

(Image credit: Photo by Tatiana Colhoun on Unsplash)

Sweet Spot Cafe on Harbour Island, run by two beautiful Bahamian sisters who offer exotic cocktails, such as their Coral Heat, a heady mix of vodka, grapefruit juice, black pepper, and lime sugar. It's actually a juice bar with healthy smoothies, organic snacks, and vegan desserts, which makes the cocktails even more thrilling!

See: This uber-modern beach house is a lesson in loft-style living

Kamalame Cay family-run resort for a very private escape. It's found on the edge of the Andros Great Barrier Reef: a pretty breathtaking adventure.

Interview by Jacky Parker for Livingetc, June 2021.

Link:

Designer India Hicks shares the stylish secrets of Harbour Island in The Bahamas - LivingEtc

Tourism minister says Family Island tourism bouncing back faster than Nassau and wealthier visitors returning firstTourism is bouncing back

NASSAU, BAHAMAS The countrys visitor arrivals are increasing by leaps and bounds, according to Tourism and Aviation Minister Dionisio DAguilar, who noted in the House of Assembly yesterday that this nation has received nearly 300,000 visitors over the first five months of the year.

During his contribution to the 2021/2022 budget debate, the Free Town MP proclaimed: Tourism is bouncing back.

According to DAguilar, travel health visa requests went from 22,000 in January to 30,000 in February; to 64,000 in March; 68,000 in April; and 110,000 in May.

So far, in 2021, almost 300,000 visitors have returned to our shores, he noted.

DAguilar said upon examining the numbers, 60 percentof the visitors are coming to Nassau and 40percentare going to the Family Islands.

So, that confirms to me that the Family Islands are bouncing back faster than Nassau, so far, since in 2019, 75 percent of the visitors came to Nassau while 25 percent went to the Family Islands, said DAguilar.

With the onset of COVID, people wanted a low-density, secluded vacation at a small boutique hotel or AirBnB away from crowds and larger properties. That is exactly what happened.

When you dig even deeper into the number, 27 percent of the persons going to the Family Islands went to Eleuthera, mostly Harbour Island; 20 percent went to Bimini and Cat Cay, mostly by boat from Florida; 19 percent went to Abaco, which is quite remarkable given the damage Hurricane Dorian put on that island and leads me to conclude that those second homeowners are very, very loyal to Abaco; and 17 percent went to Exuma.

Another takeaway from these stats, Mr Speaker, is that the more wealthy visitors are returning first. The amount of private jets, the amount of private yachts, the amount of persons seeking the most expensive accommodation we have to offer that segment of the business has returned the fastest.

DAguilar noted concerns of some stakeholders regarding the level of airlift to The Bahamas.

They complain airline prices from our key markets are too expensive, and we are monitoring this very closely, he said.

He added: Resuming airlift has remained of utmost importance and my team monitors airlift closely and are in constant communication with our airlift partners. Our airline partners not only reassure us, but have also demonstrated that as demand picks up, they will add increased seat capacity.

And this has indeed been the case. Airlift is approaching pre-pandemic levels, and we are nearing the return of all major airlines from key markets in the United States, Canada, Europe and Latin America. We are starting to see new markets open and partners adding increased capacity to existing routes.

In total, scheduled international flights to The Bahamas have increased to 17 commercial carriers, with a combined seat capacity from 37 international markets. This is monumental as we are truly bringing the world to our shores.

See original here:

ARRIVALS CLIMBING HIGHER: Bahamas sees over 300K visitors in first five months of 2021 - EyeWitness News

By DENISE MAYCOCK

Tribune Freeport Reporter

dmaycock@tribunemedia.net

ACTIVIST Joseph Darville is pleased with the efforts being made by Equinor to clean up the oil spill in East Grand Bahama, but has indicated there is still lots of remediation work to be done.

On Monday, Equinor met with representatives from Save The Bays (STB) and the Grand Bahama Utility Company at the Pelican Bay Resort, where they gave a comprehensive update of the oil spill clean up.

The Tribune was informed that corporate executives at Equinor also attended via Zoom, but did not participate.

I am very pleased with the meeting, Mr Darville, chairman of STB, said yesterday. I was very happy they accommodated us; it was a very cordial and comprehensive meeting.

STB and Waterkeepers Bahamas have been closely monitoring the cleanup efforts of the oil spill in East Grand Bahama. They have made regular visits to the area to inspect, collect samples and take photographs of the affected forest and wetlands.

Mr Darville said they were informed on Monday by a technician at Equinor that their findings show no penetration of oil to the water table in the area.

The technician gave a detailed analysis of what has been done so far. They dug 24 to 27 wells in the area and there is no sort of penetration of petroleum or oil products into the water table from those wells that they have dug. They have been monitoring that for over a year and they plan to do so for a certain period into the future.

However, the environmental activist noted that there was no mention of the affected wetlands.

One of the areas that were not covered was the wetlands for any monitoring of oil in the water, but I brought that up, he said.

According to Mr Darville, during their initial and previous follow-up visits to the area, including one not more than three weeks ago, STB had observed oil sheen on the wetlands.

The technician, he said, had indicated that going into the wetland to try to collect the oil residue from the plants would cause more damage.

I agreed with that because the wetlands are extremely delicate, Mr Darville added.

He noted that Waterkeepers Bahamas and Save the Bays are the only groups that have been regularly monitoring that area almost every other week.

We go and take samples and see how the cleaning is being done by workers in that area, and we make suggestions to the workers, Mr Darville said.

During a recent visit three weeks ago, he said they saw sheens of oil on the water, and on the plants and vegetation that border the wetland.

We took samples of the wetland and the water, and took pictures, but we did not show that to them. We were satisfied they were very accommodating and very comprehensive. We were very happy with the way they presented, and also with the way they entertained our queries and questions and comments of what we observed. And I told them after Equinor met with the team in Nassau at the Ministry of Environment, and indicated that the cleanup was almost completed, I said to them I had to contradict that in a public release and to say that was far from the case.

Mr Darville said that the vegetation is growing back rapidly now that the rains have started, and have covered a lot of the oil residue on the ground.

If they go in and do the expert job of cleaning up, they have to go in and lift the vegetation to get any residue of oil on the ground, he said.

Another issue that was not addressed by Equinor at the meeting, Mr Darville said, was the oil spillage at a nearby aggregate site operated by a private company.

I told them that I have been very disturbed that has not been touched and there is an enormous amount of oil on the aggregate mounds, and that with all the rain the oil would be washed into the ground, and could eventually reach the water table unless it is taken care of carefully, he stated.

He also drew their attention to a six-foot hole in the area. It has three feet of water and there is oil sheen on the water which means it is making contact with the water table in that area, he noted.

Mr Darville said Equinor has indicated that the matter is in litigation in court and they have been prevented from touching the area but will have to bring equipment back on the island to clean it when they are given clearance.

Mr Darville said Equinor has also promised to make sure before they make any public release on the cleanup, to include and inform STB and Waterkeepers.

There is still more work left to do, he said.

They have quite a bit of work there to do. The weather conditions and COVID have really impacted their ongoing cleaning, he said. I go out there every other week and I indicated that to them, and there is still cleanup that needs to be done in that area.

The massive amount will be around those aggregate mounds that are 40 to 60ft high that are still covered in oil. I hope a decision is made based upon the regard for our environment that no matter what might be in the court they cannot allow that to subvert the action that needs to be done to clean up our environment and that forest, Mr Darville stressed.

Equinor is carrying out restoration, reinforcement, and rebuilding on the site in preparation for when it resumes operations.

Mr Darville said he has urged the company to ensure that it constructs dome covers that can withstand 180 to 200 mph winds.

In a press statement issued on Tuesday, a spokesman said that consistent with immediate action taken after Hurricane Dorian, Equinor has spared no resources to efficiently tackle the unfortunate oil spill.

Equinor remains committed to the protection of the environment. Equinor welcomes the concerns of stakeholders and will continue to offer periodic updates, according to the statement.

Originally posted here:

Equinor progress on Grand Bahama oil spill - Bahamas Tribune

Brits enjoyed the 'hottest day of the year' on Tuesday with temperatures exceeding the heat in Bahamas.

Sun worshippers flocked to beaches and parks across the UK to enjoy the sweltering heat following a weekend of glorious sunshine that saw the mercury climb to 28.6C at London's Heathrow Airport.

And it promises to rise even higher.

Thunderstorms will shatter the mini-heatwave later this week but there will be blast of heat before the rain creeps in as temperatures are expected to surge to 30C.

The soaring weather is due to high pressure which has made its way from the Azores island in Portugal and settled across the Midlands and the southeast of England.

This resulted in Tuesday being hotter than the Bahamas as temperatures in the West Indies holiday island only reach 26C.

The glorious heat on Tuesday has beaten the previous record of the hottest day which was almost two weeks ago when temperatures of 28.3C were recorded in Northolt in West London, on June 2.

But influences from the Atlantic are predicted to bring wet weather over the northern and western parts of England with cloudier skies and patches of rain.

This will see the UK's sunshine disappear as a month's worth of rain is forecast to fall in just two hours.

On Wednesday some areas could endure downpours of up to 50mm which is the average amount of rainfall in South East England for the entire month of June.

A cold front will bring in cooler air which will trigger cloudier and wetter conditions to northern England, southern Scotland, and Northern Ireland.

The south of England will experience clear spells but rain will fall in the North.

From 6pm there could be "thundery breakdown" which has prompted the Met Office to issue a yellow weather warning for some parts of the UK.

The thunderstorms are expected to move across the country and potentially eastern Wales but the timing and exact locations are still "uncertain".

Experts have warned there could be torrential downpours, hail, lightning and strong winds from late on Wednesday through to Friday morning.

Met Office forecaster Becky Mitchell said: "Large swathes of England and Wales could potentially see some heavy downpours on Thursday.

"After that, it will bring in fresher air from the West and so that will clear away the hot weather.

"The thunderstorm warning covers quite a large area of England and Wales. Closer to the time we will have a better idea of where exactly they should be."

Fine for many, with some hot sunshine for much of England and Wales before evening thunderstorms develop for some. Further north, a few showers over Scotland and Northern Ireland.

Thunderstorms moving northwards across parts of England and Wales with heavy rain and lightning, these mainly across southern and central areas. Scotland and Northern Ireland clearer with a few showers.

Band of cloud and light rain across central and western areas. Risk of thunderstorms southeast of this. Mainly dry with sunny spells across much of Scotland and Northern Ireland.

Mostly dry with sunny spells, although heavy, perhaps thundery, rain will affect much of England and parts of Wales on Friday. Rain and showers becoming more widespread again on Sunday.

Excerpt from:

UK weather: England to be 'hotter than Bahamas' ahead of four days of thunderstorms - The Mirror

By BRENT STUBBS

Senior Sports Reporter

bstubbs@tribunemedia.net

THE inclement weather forced the Bahamas Golf Federation to call off yesterdays first day of competition in the Bahamas Golf Federations (BGF) 2021 RF Bank & Trust National Amateur Golf Championships at the Albany Golf Course.

But first vice president Anthony Hinsey said with three days left, they will still be in a position to complete the tournament and crown their new men and womens champions this Fathers Day weekend.

With yesterdays action washed out with Albany under water, the golfers will head over to the Ocean Golf Club on Paradise Island where the next two days of competition are slated to take place today and Saturday.

The championships are scheduled to wrap up on Fathers Day on Sunday at the Royal Blue Golf Course at Baha Mar.

We had to cancel round one and its now a three-day event, Hinsey said. Once we play more than 64 holes we are good. We normally play 72 holes in four days, so it will only be three days now.

There are a total of 70 golfers participating, including close to 20 from Grand Bahama. With the tournament last played in 2019, Paul Tsavoussis and Jenna Bayles are still the defending champions.

At the last Nationals two years ago, Tsavoussis pulled off a three shot victory over Richard Gibson Jr. Nadario Ferguson got third.

On the ladies side, Bayles captured the title over Ashley Michel. Amarie Smith finished third.

Bayles, by the way, showed that shes in great form as she and Zion Taylor clinched the girls and boys respective BGF junior national titles at the Ocean Club.

I think the other two golf courses are more favourable for the local golfers, Hinsey said.

They play those two courses more frequently than they do at Albany. So were expecting some very low scores tomorrow and Saturday. Sunday will be moving day because its the final round. With about 17-20 competitors from Grand Bahama, Hinsey said the competition will once again be fierce because of the keen rivalry with the golfers from New Providence.

Tee time today and Saturday is scheduled for about 10am.

On Sunday, its expected that they will start around 7am to allow the golfers to spend some time with their families on Fathers Day.

Players in this years tournament are vying for spots on the mens and womens national teams that will represent the Bahamas at the Caribbean Amateur Golf Championships (CAGC) in Puerto Rico August 8-12.

This year, however, because of the COVID-19 restrictions, only six players, consisting of four men and two women, will get to represent the Bahamas as they play for the respective Hoerman Cup (for men) and George Teale Trophy (for women).

Lynford Miller is the president of the BGF.

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Golf nationals called off due to bad weather - Bahamas Tribune

EDITOR, The Tribune.

There has been much talk in recent times about the G7 nations introducing a world wide 15% taxation of corporate earnings. I see nothing wrong with this and would encourage our local politicians and economists to consider the pros and cons of this proposal. Yes, some will argue that The Bahamas is a tax haven and as such should not get involved in global economic debates. I beg to differ.

Large economies like the USA; Canada; the UK and many European inclusive of Germany are losing billions of dollars in potential corporate income taxes from multinational corporations which for tax purposes are based outside of their parent country. For instance USA companies which are domiciled in Ireland or even The Bahamas pays little or no taxes on corporate income in theses countries to the detriment of their home countries.

While understandable, this is dead wrong in light of the economic dislocations brought about by the pandemic. Large companies like Amazon; Facebook and Microsoft pull in billions of dollars through their foreign based associated companies but pay virtually nothing in their home nations. Other high end individuals park their wealth in what are referred to as tax havens like The Cayman Islands; Panama and even The Bahamas.

A few European countries are also seen as tax havens. The massive loss in potential taxes on corporate earnings have caused much concern in the home nations as they are now all scrambling to address massive national deficits and budget over reaches. The Ministry of Finance seems to have rejected this novel suggestion out of hand based on what it says is sovereign rights as a nation.

Minnis and the administration must wake up and smell the coffee. This is a brand new world from the pre COVID-19 one. Imaginative and progressive taxation structures must be implemented here in The Bahamas. Income inequality is rampant and very dangerous in many countries around the globe. The Bahamas is no exception. Our basic taxation engine is now VAT and consumer or user fees.

We do not yet have an income taxation system where the more one earns the more he/she pays in taxation.

This is a more progressive as opposed to a regressive system, currently in place.

No doubt we have scores if not hundreds of high earning Bahamians and foreigners who make good money but pay no more than the average lower ended earner. The level of the VAT would not ordinarily impact the former but could be devastating for the latter.

I join with my esteemed colleague, Attorney Andrew Allen in calling for an income taxation system here in The Bahamas. Why should the marginal poor pay the same basic rates as a person pulling in hundreds of thousands of dollars on an annual basis? Successive governments have been reluctant to address this elephant in the room. Talking up a brave talk and collecting every cent possible from the small man and woman makes no economic sense.

As we seek to rationalise our taxation systems income taxation is a given. We must also aggressively go after the easily identifiable tax dodgers. I understand that we have multiple millions of outstanding real property and other taxes which are low hanging fruits. For some strange reasons, however, administrations have been reluctant to go after these individuals. It is time for a taxation change and the sooner the better.

ORTLAND H BODIE, Jr

Nassau,

June 8, 2021.

Originally posted here:

Revisiting structure of our taxation - Bahamas Tribune

ByNEIL HARTNELL

Tribune Business Editor

nhartnell@tribunemedia.net

A senior government official yesterday said the ball is in the court of Biminis largest investor to submit a completed $40m offer totransform and take over management of that islands airport.

Algernon Cargill, director of aviation, told Tribune Business that the government was still waiting to receive a final proposal fromGenting Group and Gerardo Capos RAV Bahamas, joint owners of Resorts World Bimini,over a public-private partnership (PPP) that will see the duo redevelop, manage and operate the islands primary aviation gateway.

Were still waiting to hear from them. The ball is in their court, he said. I understand theyre working on it, so we need to hear from them. This newspaper reported in early May 2021 thattheMinnis Cabinet hadgiven approval in principle to enter into negotiations with the duo over Biminis airport.

The Resorts World Bimini owners are aiming to extend the runway from its present 6,000 feet to 8,000 feet, so that it can easily accommodate commercial passenger aircraft as well as private jets. The proposals principal attraction for the government is that it will have to provide no financing itself from the cash-strapped Public Treasury.

Genting/RAV Bahamas were seeking to source financing for their plans from a US-based company called Phoenix Infrastructure Group, although the Government has not yet had contact with the latter.

Mr Cargill said back in May: Were very excited about it. This will be a PPP with that group that is similar to other PPPs. The plans are already in the preliminary stage. Theyre looking at lengthening the runway and building a brand new terminal.

Were being very deliberate in our discussions to ensure we have take a well-developed proposal before we submit it to Cabinet for approval. Theyll be the managing partner for the airport, Genting and RAV Bahamas. Its something weve been planning for a couple of months. Weve had several meetings, but contracts have not been executed.

TheBimini airport talks areseparate from the proposed $150m-$200m package of Family Island airport upgrades that the Government has hired RF Holdings to seek the financing balance for. The project also has no links to plans to transform Grand Bahama International Airport following its acquisition by the Government.

The first market briefing for bidders interested in developing and operating Grand Bahama International Airport, plus the airports in Exuma, North Eleuthera, Great Harbour Cay, San Salvador, Abaco and Long Island, is due to be held before the end of June.

We have created two SPVs (special purpose vehicles), Freeport Airport Development Company or FAD, and the Bahamas Airport Development Company or BAD, that will operate both the Freeport and other already identified Family Island airports independent of the Airport Authority in much the same way as NAD manages LPIA, DionisioDAguilar, minister of tourism and aviation, said earlier this week.

Asked whether the Government is seeking separate bids for Freeport and the Family Island airports, or just one offer for all, Mr Cargill said yesterday: Right now its split out, but a bidder may want to bid on Freeport and the other airports. Its up to the bidder.

We definitely want to deliver on what we promised wed set out to do. Those PPPs were working on, the Request for Proposals, have our immediate attention.

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'Ball is in their court' over Bimini's airport - Bahamas Tribune