Alternate Dispute Resolution Law at San Marino
San Marino has established a comprehensive legal framework for Alternative Dispute Resolution (ADR), encompassing arbitration, mediation, and conciliation, primarily governed by the Code of Civil Procedure and supported by various specialized institutions.
🇸🇲 Legal Framework for ADR in San Marino
1. Arbitration
Legal Basis: Arbitration in San Marino is primarily governed by the Code of Civil Procedure, which outlines the procedures and enforceability of arbitral awards.
Arbitration Law: The Law on Arbitration provides specific guidelines on the arbitration process, including the enforcement of arbitration agreements and awards. This law aligns with international standards, embracing principles established by the United Nations Commission on International Trade Law (UNCITRAL), ensuring that arbitrations conducted in San Marino are both efficient and recognized internationally .
Arbitration Institutions: Institutions such as the San Marino Chamber of Commerce offer arbitration services, facilitating the process for commercial entities .
2. Mediation
Introduction of Mediation Rules: In February 1999, the San Marino Arbitration Chamber (SMA) introduced Rules for Mediation, providing a voluntary and confidential method for parties to resolve disputes amicably. These rules are flexible and can be varied by agreement of the parties
Mediation Process: The mediation process typically begins with an introductory session where the mediator outlines the rules, confidentiality aspects, and the goals of the mediation. Following this, the parties present their perspectives on the dispute, allowing the mediator to identify underlying interests and key issues. The mediator’s responsibility is to create a structured environment conducive to collaboration, actively engaging with both sides to promote open dialogue .
3. Conciliation
Conciliation Rules: In 1988, the SMA adopted Conciliation Rules, following the UNCITRAL Conciliation Rules (adopted by the United Nations in 1981). The procedure is both voluntary and confidential, providing parties with a non-binding method of settling their disputes amicably without jeopardizing ongoing and mutually beneficial commercial relationships .
⚖️ Enforcement and Legal Integration
Enforceability of Arbitration Awards: Arbitration awards in San Marino are generally enforceable in courts, provided they comply with the legal framework established by the Code of Civil Procedure and the Law on Arbitration. San Marino's adherence to international conventions, such as the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, enhances the enforceability of international arbitration awards .
Judicial Support for ADR: The Secretariat of State for Justice in San Marino supervises the work of the court’s Judicial Offices, issuing orders and directives to improve their organization and ensure their proper functioning. This oversight supports the integration of ADR mechanisms within the judicial system .
🏛️ ADR Institutions in San Marino
San Marino Arbitration Chamber (SMA): The SMA plays a pivotal role in the ADR landscape of San Marino, offering services in arbitration, mediation, and conciliation. The SMA provides resources and assistance to parties seeking to resolve disputes through alternative methods .
San Marino Chamber of Commerce: This institution offers arbitration services, particularly beneficial for commercial entities seeking efficient dispute resolution mechanisms
âś… Summary
San Marino has developed a robust ADR framework that includes arbitration, mediation, and conciliation, supported by a legal structure that ensures the enforceability and integration of these mechanisms within the judicial system. Institutions like the San Marino Arbitration Chamber and the San Marino Chamber of Commerce facilitate the application of ADR, providing parties with efficient and effective means to resolve disputes outside traditional court proceedings.
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