This information is derived from the State Department's Office of Investment Affairs’ Investment Climate Statement. Any questions on the ICS can be directed to EB-ICS-DL@state.gov
Last Published: 9/27/2016

The Bahamian legal system is based on English common law and foreign nationals are afforded full rights in Bahamian legal proceedings.  Contracts are legally enforced through the courts; there is no written contract or commercial law.

The judiciary is independent and allegations of government interference with the system are rare.  The judiciary is appointed by the Governor-General, and the Attorney General is the government's chief legal advisor and has responsibility for public prosecutions.  The Bahamas is a member of the British Commonwealth and uses the Privy Council in London as the final court of appeal.  The country also contributes financially to the operations of the Caribbean Court of Justice, and has announced its intention to develop itself as a center for international arbitration.

Judgments by British Courts and selected Commonwealth countries can be registered and enforced in The Bahamas under the Reciprocal Enforcement of Judgments Act.  Court judgments from other countries, including those of the United States, must be litigated in the local courts and are subject to all Bahamian legal requirements.
The Industrial Tribunal comprises three members appointed by the Governor-General acting on the advice of the Judicial and Legal Service Commission.  The Tribunal has the power to hear and determine trade disputes, register industrial agreements, hear and determine matters relating to the registration of such agreements, make orders or awards, and award compensation on complaints brought and proved before the Tribunal.

Property disputes can be challenging, sometimes lasting several years in the Bahamian court system.  Some purchasers have reported problems obtaining clear title to property, either because the seller had no legal right to convey, or due to claims to ownership that arose after a purchase was made.  Investors complain that these matters are difficult to resolve, and that, even after a court decision has been rendered in their favor, they face difficulty in collecting or enforcing the court judgments. 

The Embassy is aware of several complaints about local attorneys, primarily involving real estate transactions, which have resulted in significant losses to American investors.  Referrals to the Bahamas Bar Association and its Ethics Committee for appropriate disciplinary action in these matters often go unanswered.
Additional information on the Bahamian Court System is available at http://nassau.usembassy.gov/bahamianlegaloverview2.html

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