International Commercial Arbitration at Anguilla (BOT)
Here’s an overview of International Commercial Arbitration in Anguilla (a British Overseas Territory), focusing on the legal framework, institutions, and practice:
⚖️ International Commercial Arbitration in Anguilla
1. Legal Framework
Anguilla’s arbitration law is primarily governed by the Arbitration Act, 2012 (as amended), which is largely based on the UNCITRAL Model Law on International Commercial Arbitration.
The legislation covers both domestic and international commercial arbitration.
The Act provides a modern and comprehensive legal framework consistent with international arbitration standards.
2. Scope and Applicability
Arbitration agreements must be in writing.
The law applies to disputes that are commercial in nature and arise from contracts or other legal relationships.
Parties have freedom to agree on procedural rules, seat, and language of arbitration.
3. Arbitral Institutions
Anguilla does not have a dedicated national arbitration institution.
Parties often opt for ad hoc arbitration or apply international arbitration rules, such as those from:
International Chamber of Commerce (ICC)
London Court of International Arbitration (LCIA)
UNCITRAL Arbitration Rules
Arbitration clauses typically refer to these international bodies for procedural guidance.
4. Arbitration Procedure
Parties can appoint arbitrators by mutual agreement; the court can appoint if parties fail.
The Act guarantees equal treatment of parties and procedural fairness.
Courts have limited powers to intervene, preserving party autonomy.
Interim measures and evidence gathering can be supported by the courts upon application.
5. Recognition and Enforcement
Anguilla is a party to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards through the UK extension.
This facilitates the enforcement of foreign arbitral awards in Anguilla and supports the enforcement of Anguillan awards abroad.
Courts generally enforce valid arbitration agreements and awards unless public policy or jurisdictional issues arise.
6. Judicial Support
The courts assist in the enforcement of arbitration agreements.
They provide support for the appointment of arbitrators when parties cannot agree.
Courts can grant interim relief to preserve assets or evidence.
They have limited jurisdiction to set aside awards on narrow grounds such as fraud, procedural irregularity, or exceeding authority.
Summary
Anguilla’s arbitration regime is modern and aligned with international arbitration standards, governed by a UNCITRAL-based Arbitration Act. Though lacking a local arbitration institution, parties commonly use international institutions and benefit from enforcement under the New York Convention extended by the UK.
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