Alternate Dispute Resolution Law at São Tomé and Príncipe
São Tomé and Príncipe has developed a legal framework for Alternative Dispute Resolution (ADR), encompassing arbitration and mediation, to facilitate efficient and effective resolution of disputes.
⚖️ Legal Framework for ADR in São Tomé and Príncipe
1. Arbitration Law No. 9/2006
Enacted on November 2, 2006, this law provides the primary legal basis for arbitration in São Tomé and Príncipe. It aligns closely with the UNCITRAL Model Law on International Commercial Arbitration, offering a modern and independent regulatory framework for arbitration proceedings. The law has been instrumental in enhancing the legal certainty and attractiveness of São Tomé and Príncipe as a jurisdiction for arbitration .
2. Investment Law 2016
This law outlines the procedures for foreign investments in São Tomé and Príncipe. Article 39 of the law specifies that disputes between the State and foreign investors, which cannot be resolved amicably, shall be submitted to arbitration. The arbitration may be conducted under:
The national arbitration framework (Law No. 9/2006)
The rules of the International Centre for Settlement of Investment Disputes (ICSID)
The arbitration rules of the International Chamber of Commerce (ICC) .
3. Code of Civil Procedure
This code includes provisions related to arbitration and mediation, detailing procedures from the constitution of the tribunal to the issuance of the final award. It recognizes arbitration as equivalent to a judicial process, thereby integrating ADR into the formal legal system .
⚙️ Arbitration in São Tomé and Príncipe
International Arbitration: São Tomé and Príncipe is a signatory to key international treaties, including the New York Convention (1958) and the ICSID Convention (1965), which govern the recognition and enforcement of foreign arbitral awards .
Domestic Arbitration: The Arbitration Law No. 9/2006 provides a comprehensive framework for domestic arbitration, allowing parties to resolve disputes efficiently and with finality
Judicial Oversight: While arbitral awards are generally binding, parties may seek annulment only on limited grounds specified in the Arbitration Law, ensuring the finality and effectiveness of arbitration .
🧑⚖️ Mediation in São Tomé and Príncipe
Mediation serves as a collaborative approach to dispute resolution, emphasizing dialogue and negotiation. A neutral third party, known as the mediator, facilitates communication between disputing parties to help them reach a mutually agreeable solution. Mediation is particularly effective in resolving consumer disputes, with regulatory bodies like the National Directorate of Consumer Defense playing a crucial role in facilitating mediation sessions .
🏛️ ADR Institutions in São Tomé and Príncipe
Paraguayan Arbitration and Mediation Center (CAMP): CAMP provides facilities and support for arbitration and mediation proceedings, serving as a hub for ADR activities in the country .
National Directorate of Consumer Defense: This government agency facilitates mediation sessions in consumer disputes, promoting amicable resolutions and protecting consumer rights
São Tomé and Príncipe's ADR framework is characterized by:
Modern Legislation: The Arbitration Law No. 9/2006 aligns with international standards, providing a solid legal foundation for ADR.
International Recognition: São Tomé and Príncipe's adherence to key international treaties ensures the recognition and enforcement of foreign arbitral awards.
Institutional Support: Institutions like CAMP and the National Directorate of Consumer Defense facilitate and support ADR processes.
Cultural Integration: Mediation is effectively used in consumer disputes, reflecting the country's commitment to accessible and amicable dispute resolution mechanisms.
This comprehensive approach positions São Tomé and Príncipe as a favorable jurisdiction for both domestic and international dispute resolution.
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