Alternate Dispute Resolution Law at Gibraltar (BOT)
In Gibraltar, Alternative Dispute Resolution (ADR) is a well-established practice, and the legal framework encourages the resolution of disputes outside of the formal court system. ADR mechanisms such as arbitration, mediation, and conciliation are commonly used to resolve disputes in both commercial and non-commercial contexts.
Here’s an overview of the ADR laws and practices in Gibraltar:
⚖️ Legal Framework for ADR in Gibraltar
The Constitution of Gibraltar (1969)
While it doesn’t explicitly detail ADR mechanisms, Gibraltar’s legal system is based on English common law principles, which support and promote ADR methods.
Arbitration Act, 2009
This is the principal piece of legislation governing arbitration in Gibraltar.
Based on the UNCITRAL Model Law on International Commercial Arbitration.
Covers both domestic and international arbitration.
Provides rules for the conduct of arbitration proceedings, enforcement of awards, and the appointment of arbitrators.
Allows parties to resolve disputes without resorting to the courts.
Mediation and Conciliation
Gibraltar does not have a single comprehensive statute for mediation, but it follows the European Union Directive on Mediation (2008/52/EC), which encourages mediation in cross-border disputes within the EU.
Mediation is commonly used in family, commercial, and civil disputes.
The Gibraltar Mediation Centre offers mediation services to help resolve disputes amicably.
The Civil Procedure Rules
The Civil Procedure Rules (CPR) in Gibraltar provide provisions for court-annexed ADR processes, where judges can encourage parties to resolve disputes through mediation or arbitration before proceeding to trial.
Section 13 of the Civil Procedure (Mediation) Rules promotes the use of mediation.
🛠️ Types of ADR in Gibraltar
Arbitration
Commonly used in commercial, contractual, and international disputes.
Provides a binding decision, and arbitral awards can be enforced in Gibraltar under the Arbitration Act, 2009.
Arbitration can be ad hoc or institutional, with institutions such as the London Court of International Arbitration (LCIA) providing arbitration services to parties in Gibraltar.
Mediation
A non-binding, voluntary process where an impartial third party (mediator) assists the disputing parties in reaching a mutually acceptable settlement.
The Gibraltar Mediation Centre is an important body providing mediation services for commercial, family, and civil disputes.
Mediation agreements reached by the parties can be formalized into binding court orders if desired.
Conciliation
Similar to mediation but with a more active role for the conciliator, who may propose solutions to the parties.
Conciliation is often used in employment and labor disputes.
🏛️ ADR Institutions in Gibraltar
Gibraltar Mediation Centre: Offers mediation services for civil, commercial, and family disputes. It provides a neutral space for parties to settle conflicts.
The Gibraltar International Arbitration Centre: Provides facilities for arbitration and is well-suited for international commercial disputes.
The Gibraltar Courts: The courts actively encourage parties to engage in ADR methods, especially in family law cases and certain civil matters.
🌐 International Treaties and Conventions
The New York Convention (1958): Gibraltar, being a British Overseas Territory (BOT), is subject to the United Kingdom’s international obligations. The UK is a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which allows for the enforcement of foreign arbitral awards in Gibraltar.
The European Union Mediation Directive: As part of the UK’s past EU membership, Gibraltar adhered to the EU Directive encouraging mediation in cross-border disputes.
🔍 Recent Developments
There is growing support for online dispute resolution (ODR), which has become especially important post-COVID-19.
Court-connected ADR is becoming more common, with courts actively referring certain types of cases to mediation or arbitration before trial.
Gibraltar’s ADR services are increasingly attractive for cross-border business disputes, with the jurisdiction's strong legal system and alignment with international arbitration standards.
💼 Enforcement of ADR Outcomes
Arbitral awards made in Gibraltar or internationally can be enforced under the Arbitration Act, 2009, which aligns with international conventions such as the New York Convention.
Mediation agreements, once formalized, are enforceable through the courts as consent orders.
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