International Commercial Arbitration at Belize
International Commercial Arbitration in Belize
1. Legal Framework
Belize’s arbitration regime is governed by:
Arbitration Act, Chapter 97 (revised 2011) — The main statute regulating domestic and international arbitration, largely modeled on the UNCITRAL Model Law on International Commercial Arbitration (1985).
Arbitration (International Commercial Arbitration) Act (2011) — Provides specific rules for international commercial arbitration.
Belize is a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958), facilitating enforcement of foreign arbitration awards.
2. Scope and Application
The Arbitration Act applies to both domestic and international commercial arbitration.
The law allows parties to agree on arbitration to settle disputes and provides mechanisms for arbitration procedures, appointment of arbitrators, and enforcement.
Parties have wide discretion in choosing the place of arbitration, applicable law, language, and arbitral rules.
3. Key Features
Arbitration Agreement: Must be in writing, clearly indicating the parties’ intention to arbitrate disputes.
Arbitral Tribunal: Parties typically appoint arbitrators; the courts may intervene only when parties fail to agree.
Procedural Flexibility: Arbitrators have broad powers to conduct hearings, admit evidence, and manage proceedings, provided due process is respected.
Interim Measures: Both arbitral tribunals and courts may grant interim relief to preserve assets or evidence during arbitration.
Recognition and Enforcement: Courts in Belize enforce arbitral awards domestically and internationally under the New York Convention unless grounds for refusal exist (e.g., invalid arbitration agreement, public policy).
Limited Court Intervention: Courts intervene mainly to support arbitration (e.g., appoint arbitrators, enforce awards, set aside awards under narrow grounds).
4. Arbitral Institutions
Belize does not have a prominent domestic arbitral institution specifically for international arbitration.
Parties frequently opt for ad hoc arbitration or choose international institutions such as:
International Chamber of Commerce (ICC)
London Court of International Arbitration (LCIA)
Singapore International Arbitration Centre (SIAC)
5. International Treaties and Memberships
As a New York Convention signatory, Belize enforces international arbitral awards effectively.
Belize’s arbitration laws align closely with international best practices, making it arbitration-friendly.
Summary
Belize provides a modern legal framework supporting international commercial arbitration with:
Clear statutory provisions based on UNCITRAL Model Law,
Strong party autonomy and procedural flexibility,
Limited and supportive court intervention,
Effective enforcement of arbitral awards under the New York Convention.
This makes Belize a viable jurisdiction for resolving international commercial disputes through arbitration.
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