Alternate Dispute Resolution Law at Antigua and Barbuda
Antigua and Barbuda has established a robust framework for Alternative Dispute Resolution (ADR), encompassing arbitration, mediation, and other non-litigation mechanisms to resolve disputes efficiently and amicably.
⚖️ Arbitration Act (Cap. 33, 1975)
The primary legislative foundation for ADR in Antigua and Barbuda is the Arbitration Act, 1975 (Cap. 33). This Act aligns closely with the United Nations Commission on International Trade Law (UNCITRAL) Model Law, providing a comprehensive legal structure for arbitration proceedings. It covers aspects such as the enforcement of domestic and foreign arbitral awards, the appointment and powers of arbitrators, and the procedures for conducting arbitration. The Act also facilitates the recognition and enforcement of foreign arbitral awards, provided they meet specific conditions, including finality, due process, and compliance with public policy .
🌐 International Recognition
Antigua and Barbuda is a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Ratified in 1988, this international treaty ensures that arbitral awards made in one member state are recognized and enforceable in other member states, thereby enhancing the country's attractiveness as a destination for international arbitration .
🧑⚖️ Mediation and Court -Annexed ADR
In addition to arbitration, Antigua and Barbuda promotes mediation as a viable ADR method. The Judicature (Mediation) Rules, No. 10 of 2013 mandate that civil cases be referred to mediation before proceeding to trial. Mediators can include judges, magistrates, or individuals accredited by the Court or the Caribbean ADR Centre (CADER). The mediation process typically lasts 60 days but can be extended by up to 10 days if necessary .
🏢 Labor Disputes and Industrial Court
For labor-related disputes, the Industrial Court Act (2003) and the Labour Code (2003) establish a specialized tribunal to adjudicate issues such as unfair dismissal, wage disputes, and trade union matters. These laws encourage arbitration and conciliation as primary methods for resolving employment conflicts, aiming to provide timely and fair resolutions .
🏛️ Institutional Support
In suml-developed, offering arbit Barbuda. CADER offers training, certification, and resources to mration, mediation, and specialized labor dispute resolution mechanisms. The alignment with international standards and the support from institutions like CADER underscore the country's commitment to providing accessible and efficient alternative dispute resolution options.
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