Arbitration Law in Angola
Arbitration Law in Angola
Arbitration in Angola is governed by the Voluntary Arbitration Law (Law No. 16/03 of 2003), which provides a legal framework for both domestic and international arbitration. Angola is also a signatory to the New York Convention (1958), which facilitates the recognition and enforcement of foreign arbitral awards.
1. Legal Framework
- Voluntary Arbitration Law (Law No. 16/03 of 2003)
- Governs arbitration proceedings in Angola.
- Applies to both domestic and international arbitration.
- Allows parties to freely determine procedural rules.
- New York Convention (1958)
- Angola acceded to the convention in 2017.
- Foreign arbitral awards can be enforced in Angola, subject to compliance with local public policy.
- Bilateral Investment Treaties (BITs)
- Angola has signed various BITs, which often allow investor-state disputes to be resolved through international arbitration.
2. Key Features of Arbitration in Angola
- Arbitration Agreement
- Must be in writing and signed by the parties.
- Can be included in contracts or as a separate arbitration clause.
- Party Autonomy
- Parties are free to select arbitrators, procedural rules, and the governing law.
- Arbitral Tribunal
- Typically consists of one or more arbitrators.
- If the parties cannot agree, a local court or arbitration institution may appoint arbitrators.
- Judicial Intervention
- Courts have limited intervention in arbitration matters.
- They may assist in enforcing awards or appointing arbitrators if necessary.
- Confidentiality
- Arbitration proceedings are generally private, unless parties agree otherwise.
3. Enforcement of Arbitral Awards
- Domestic Awards
- Enforced through Angolan courts under the Voluntary Arbitration Law.
- Foreign Awards
- Recognized and enforced under the New York Convention.
- May be refused enforcement if they violate Angolan public policy or legal principles.
4. Arbitration Institutions in Angola
- The Angolan Centre for Arbitration (CAA - Centro de Arbitragem de Angola)
- The primary arbitration institution in Angola.
- Handles commercial disputes and alternative dispute resolution (ADR).
- Ad Hoc Arbitration
- Parties may conduct arbitration without institutional oversight, following rules such as UNCITRAL Arbitration Rules.
5. Challenges and Considerations
- Judicial Influence
- Courts may still intervene in arbitration, particularly in enforcement matters.
- Public Policy Exception
- Foreign awards may be denied enforcement if they contradict Angolan law.
- Limited Awareness
- Arbitration is still developing in Angola, and many businesses prefer traditional litigation.
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