Arbitration law in Afghanistan
Arbitration law in Afghanistan is primarily governed by the Commercial Arbitration Law (2007) and relevant provisions in the Civil Procedure Code. Here’s an overview:
1. Legal Framework
- Commercial Arbitration Law (2007): This law provides the primary rules for arbitration in Afghanistan, including the selection of arbitrators, arbitration proceedings, and enforcement of awards.
- Civil Procedure Code: It also contains provisions on arbitration, particularly in civil disputes.
- New York Convention (1958): Afghanistan became a signatory in 2005, meaning it recognizes and enforces foreign arbitral awards.
2. Key Features of Arbitration in Afghanistan
- Freedom of Parties: Parties can choose arbitration as a dispute resolution method.
- Arbitration Agreement: Must be in writing and signed by both parties.
- Selection of Arbitrators: Usually, parties choose their own arbitrators, and if they cannot agree, the court appoints one.
- Confidentiality: Arbitration proceedings are generally confidential.
- Enforcement of Awards: Domestic and international arbitral awards are enforceable through Afghan courts, subject to certain conditions.
3. Challenges in Arbitration in Afghanistan
- Judicial Intervention: Courts sometimes interfere in arbitration matters.
- Lack of Awareness: Many businesses and individuals are unaware of arbitration as an alternative dispute resolution mechanism.
- Security Concerns: Political instability and security issues can impact arbitration proceedings, especially for international parties.
4. Arbitration Institutions in Afghanistan
- Afghanistan Centre for Commercial Dispute Resolution (ACDR): Established to promote alternative dispute resolution (ADR), including arbitration and mediation.
RELATED Blog
0 comments