Bahamas: Enforcement of Judgments in Civil and Commercial Matters

This country-specific Q&A provides an overview of Enforcement of Judgments laws and regulations applicable in Bahamas.

  1. What international conventions, treaties or other arrangements apply to the enforcement of foreign judgments in your jurisdiction and in what circumstances do they apply?

  2. What, if any, reservations has your jurisdiction made to such treaties?

  3. Can foreign judgments be enforced in your jurisdiction where there is not a convention or treaty or other arrangement, e.g. under the general law?

  4. What basic criteria does a foreign judgment have to satisfy before it can be enforced in your jurisdiction? Is it limited to money judgments or does it extend to other forms of relief?

  5. What is the procedure for enforcement of foreign judgments pursuant to such conventions, treaties or arrangements in your jurisdiction?

  6. If applicable, what is the procedure for enforcement of foreign judgments under the general law in your jurisdiction?

  7. What, if any, formal requirements do the courts of your jurisdiction impose upon foreign judgments before they can be enforced? For example, must the judgment be apostilled?

  8. How long does it usually take to enforce or register a foreign judgment in your jurisdiction? Is there a summary procedure available?

  9. Is it possible to obtain interim relief (e.g. an injunction to restrain disposal of assets) while the enforcement or registration procedure takes place?

  10. What is the limitation period for enforcing a foreign judgment in your jurisdiction?

  11. On what grounds can the enforcement of foreign judgments be challenged in your jurisdiction?

  12. Will the courts in your jurisdiction reconsider the merits of the judgment to be enforced?

  13. Will the courts in your jurisdiction examine whether the foreign court had jurisdiction over the defendant? If so, what criteria will they apply to this?

  14. Do the courts in your jurisdiction impose any requirements on the way in which the defendant was served with the proceedings? Can foreign judgments in default be enforced?

  15. Do the courts in your jurisdiction have a discretion over whether or not to recognise foreign judgments?

  16. Are there any types of foreign judgment which cannot be enforced in your jurisdiction? For example can foreign judgments for punitive or multiple damages be enforced?

  17. Can enforcement procedures be started in your jurisdiction if there is a pending appeal in the foreign jurisdiction?

  18. Can you appeal a decision recognising or enforcing a foreign judgment in your jurisdiction?

  19. Can interest be claimed on the judgment sum in your jurisdiction? If so on what basis and at what rate?

  20. Do the courts of your jurisdiction require a foreign judgment to be converted into local currency for the purposes of enforcement?

  21. Can the costs of enforcement (e.g. court costs, as well as the parties’ costs of instructing lawyers and other professionals) be recovered from the judgment debtor in your jurisdiction?

  22. Are third parties allowed to fund enforcement action in your jurisdiction? If so, are there any restrictions on this and can third party funders be made liable for the costs incurred by the other side?

  23. What do you think will be the most significant developments in the enforcement process in your jurisdiction in the next 5 years?

  24. Has your country ratified the Hague Choice of Courts Convention 2005? If not, do you expect it to in the foreseeable future?

  25. Has your country ratified the Hague Judgments Convention 2019? If not, do you expect it to in the foreseeable future?