International Commercial Arbitration at Andorra
Here’s an overview of International Commercial Arbitration in Andorra:
⚖️ Legal System Context
Andorra has a civil law system influenced by Catalan, French, and Spanish law traditions.
It has developed modern arbitration laws to facilitate international commercial arbitration.
The Andorran Arbitration Law is based on the UNCITRAL Model Law on International Commercial Arbitration (with adaptations).
📜 International Commercial Arbitration Framework
Arbitration Law
The main statute is the Law on Arbitration (Llei d’arbitratge, 2017).
It incorporates principles from the UNCITRAL Model Law, providing a comprehensive legal framework.
The law applies to both domestic and international arbitration but with a special focus on international commercial disputes.
Arbitral Agreement
Parties may freely agree to arbitrate disputes arising from commercial contracts.
The agreement must be in writing or evidenced in writing.
Arbitral Tribunal
Parties can choose the number of arbitrators.
If parties fail to agree, the law provides default rules for appointing arbitrators.
Seat of Arbitration
Andorra can be the seat of arbitration, making its courts the supervisory authority over arbitral proceedings seated there.
Recognition and Enforcement of Awards
Andorra is a party to the New York Convention (since 2012).
Foreign arbitral awards can be recognized and enforced in Andorra in accordance with the Convention.
Court Intervention
Courts have limited intervention powers, mainly to support arbitration (e.g., appoint arbitrators if parties fail, assist in evidence gathering).
Courts may annul awards on narrow grounds such as procedural irregularities or violation of public policy.
🏛️ Judicial Authorities
The Tribunal de Batlles (trial courts) and the Tribunal Superior de la Justícia d’Andorra (highest court) handle arbitration-related judicial matters.
Courts supervise arbitration without unnecessary interference.
📚 Practical Considerations
Andorra is increasingly positioning itself as a neutral seat for arbitration in the region.
Arbitration agreements should specify Andorra as the seat and the applicable law to benefit from its arbitration framework.
The country’s adherence to the New York Convention facilitates cross-border enforcement.
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