Arbitration Law in Anguilla
Arbitration Law in Anguilla
Arbitration in Anguilla, a British Overseas Territory, is governed by the Arbitration Act (Revised 2014), which provides the legal framework for both domestic and international arbitration. Additionally, Anguilla follows common law principles and adheres to international arbitration conventions.
1. Legal Framework
- Arbitration Act (Revised 2014)
- Governs arbitration agreements, proceedings, and enforcement of awards.
- Provides flexibility in choosing arbitration rules and procedures.
- New York Convention (1958)
- As a British Overseas Territory, Anguilla follows the UK’s accession to the convention.
- Foreign arbitral awards are recognized and enforceable in Anguilla.
- Common Law Influence
- English common law principles apply where the Arbitration Act is silent.
2. Key Features of Arbitration in Anguilla
- Arbitration Agreement
- Must be in writing and indicate a clear intent to arbitrate.
- Party Autonomy
- Parties have the freedom to choose arbitrators, procedural rules, and governing law.
- Arbitral Tribunal
- Can consist of one or more arbitrators, as agreed by the parties.
- If parties fail to agree, a court may appoint arbitrators.
- Judicial Intervention
- Courts support arbitration but have limited powers to interfere.
- Confidentiality
- Arbitration proceedings are private unless disclosure is required by law.
3. Enforcement of Arbitral Awards
- Domestic Awards
- Enforced under the Arbitration Act (2014) with minimal judicial review.
- Foreign Awards
- Recognized and enforced under the New York Convention, unless they violate Anguillan public policy.
4. Arbitration Institutions in Anguilla
- No Dedicated Arbitration Center
- Anguilla does not have a formal arbitration institution.
- Parties often use international institutions such as the LCIA (London Court of International Arbitration) or ICC (International Chamber of Commerce).
- Ad Hoc Arbitration
- Parties may conduct arbitration independently using frameworks like UNCITRAL Arbitration Rules.
5. Challenges and Considerations
- Limited Local Arbitration Infrastructure
- Most arbitration cases rely on foreign institutions or ad hoc proceedings.
- Judicial Oversight
- Courts have the authority to intervene in appointment disputes and enforcement matters.
- Developing Arbitration Culture
- Litigation is still the preferred dispute resolution method, though arbitration is growing in popularity.
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