International Commercial Arbitration at Antigua and Barbuda
International Commercial Arbitration in Antigua and Barbuda – Overview
Antigua and Barbuda is a Commonwealth Caribbean jurisdiction with a legal system based on English common law. It has developed a robust legal framework to support international commercial arbitration, making it an attractive venue for resolving cross-border commercial disputes.
1. Legal Framework
The Arbitration Act, 2004 (as amended) governs arbitration proceedings in Antigua and Barbuda.
The Act is largely modeled on the UNCITRAL Model Law on International Commercial Arbitration (1985), promoting modern arbitration principles.
Antigua and Barbuda is a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958), facilitating enforcement of international arbitration awards.
The Eastern Caribbean Supreme Court has jurisdiction over arbitration matters, including enforcement and challenge of arbitral awards.
2. Key Features of Arbitration Law
🔹 Scope
Applies to both domestic and international commercial arbitration.
Parties can agree on arbitration as the method of dispute resolution.
🔹 Arbitration Agreement
Must be in writing.
Enforceable as per statutory provisions.
🔹 Arbitral Tribunal
Parties have autonomy to choose arbitrators.
Procedures are flexible and can be agreed upon by parties.
🔹 Court Intervention
Courts have limited power, mainly to support arbitration (e.g., grant interim measures, enforce awards).
Minimal interference with arbitral process to respect party autonomy.
🔹 Recognition and Enforcement
Foreign arbitral awards are recognized and enforceable under the New York Convention.
Domestic awards are enforced through local courts.
3. Institutional Arbitration
Antigua and Barbuda supports ad hoc arbitration as well as institutional arbitration.
Parties may select any arbitration institution; however, local institutions are limited, so international bodies (e.g., ICC, LCIA, ICSID) are often chosen.
4. Advantages of Arbitration in Antigua and Barbuda
Modern and arbitration-friendly legal framework.
Access to experienced judiciary familiar with arbitration principles.
Enforcement of awards supported by international treaties.
Confidentiality and party autonomy respected.
5. Summary Table
| Aspect | Description |
|---|---|
| Governing Law | Arbitration Act, 2004 (based on UNCITRAL Model Law) |
| Arbitration Agreement | Must be in writing, binding |
| Court Support | Limited intervention; enforcement and interim relief |
| Enforcement | New York Convention signatory; enforcement of foreign awards |
| Arbitration Type | Ad hoc and institutional arbitration permitted |
RELATED Blog
0 comments