Arbitration Law in Andorra
Arbitration Law in Andorra
Arbitration in Andorra is primarily governed by the Law on Arbitration (2014), which aligns with international standards, including the UNCITRAL Model Law. Andorra also recognizes and enforces foreign arbitral awards under the New York Convention (1958).
1. Legal Framework
- Law on Arbitration (2014):
- Governs domestic and international arbitration.
- Regulates arbitration agreements, tribunal formation, and award enforcement.
- New York Convention (1958):
- Andorra is a signatory, ensuring the recognition and enforcement of foreign arbitral awards.
- UNCITRAL Model Law Influence:
- The Law on Arbitration (2014) follows many principles of the UNCITRAL Model Law, providing a modern arbitration framework.
2. Key Features of Arbitration in Andorra
- Arbitration Agreement:
- Must be in writing and clearly state the intention to arbitrate.
- Party Autonomy:
- Parties can choose arbitrators, arbitration rules, and governing law.
- Arbitral Tribunal:
- Typically consists of one or more arbitrators, as agreed by the parties.
- If parties cannot agree, Andorran courts may appoint arbitrators.
- Judicial Intervention:
- Courts support arbitration by appointing arbitrators when necessary and enforcing awards.
- They do not interfere with arbitration proceedings unless legally required.
- Confidentiality:
- Arbitration proceedings are private, unless parties agree otherwise.
3. Enforcement of Arbitral Awards
- Domestic Awards:
- Enforced through Andorran courts with limited judicial review.
- Foreign Awards:
- Recognized and enforced under the New York Convention, unless they violate Andorran public policy.
4. Arbitration Institutions in Andorra
- No Dedicated Arbitration Center:
- Andorra does not have a formal arbitration institution.
- Parties frequently use international institutions like the ICC (International Chamber of Commerce) or the LCIA (London Court of International Arbitration).
- Ad Hoc Arbitration:
- Parties may opt for arbitration without institutional oversight, using rules such as UNCITRAL Arbitration Rules.
5. Challenges and Considerations
- Lack of Local Arbitration Institution:
- Businesses rely on international arbitration bodies.
- Judicial Oversight:
- Courts may intervene in some cases, such as arbitrator appointments or public policy reviews.
- Limited Arbitration Culture:
- While arbitration is legally supported, it is not as commonly used as litigation in Andorra.
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