Arbitration Law in Antigua and Barbuda
Arbitration Law in Antigua and Barbuda
Arbitration in Antigua and Barbuda is governed by the Arbitration Act (1975, Revised 1992), which provides the legal framework for resolving disputes through arbitration. Additionally, the country follows international arbitration standards and recognizes foreign arbitral awards under the New York Convention (1958).
1. Legal Framework
- Arbitration Act (1975, Revised 1992)
- Governs arbitration agreements, tribunal procedures, and enforcement of awards.
- Provides for both domestic and international arbitration.
- New York Convention (1958)
- Antigua and Barbuda is a signatory, ensuring recognition and enforcement of foreign arbitral awards.
- Common Law Influence
- English common law principles apply where the Arbitration Act is silent.
2. Key Features of Arbitration in Antigua and Barbuda
- Arbitration Agreement
- Must be in writing and indicate the intent to arbitrate.
- Party Autonomy
- Parties can select arbitrators, arbitration rules, and governing law.
- Arbitral Tribunal
- Can consist of one or more arbitrators.
- If parties fail to agree, a court may appoint arbitrators.
- Judicial Intervention
- Courts support arbitration but may intervene in matters of arbitrator appointment and enforcement.
- Confidentiality
- Arbitration proceedings are private unless disclosure is required by law.
3. Enforcement of Arbitral Awards
- Domestic Awards
- Enforced under the Arbitration Act (1992) with limited judicial review.
- Foreign Awards
- Recognized and enforced under the New York Convention, unless they violate Antigua and Barbuda’s public policy.
4. Arbitration Institutions in Antigua and Barbuda
- No Dedicated Arbitration Center
- Arbitration cases are usually handled through ad hoc proceedings or by international institutions like the ICC (International Chamber of Commerce) or LCIA (London Court of International Arbitration).
- Ad Hoc Arbitration
- Parties may conduct arbitration independently using frameworks such as UNCITRAL Arbitration Rules.
5. Challenges and Considerations
- Limited Local Arbitration Infrastructure
- No formal arbitration center, leading to reliance on foreign institutions.
- Judicial Oversight
- Courts play a role in arbitrator appointments and award enforcement.
- Developing Arbitration Culture
- Litigation remains the dominant dispute resolution method, though arbitration is gaining recognition.
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