International Commercial Arbitration at Cuba
Here’s a brief overview of International Commercial Arbitration in Cuba:
International Commercial Arbitration in Cuba
1. Legal Framework:
Cuba is a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) since 2004, enabling the enforcement of foreign arbitral awards.
Domestic arbitration in Cuba is governed primarily by the Cuban Code of Civil Procedure and specific laws related to foreign investment and commercial disputes.
The legal framework is still evolving to better accommodate international commercial arbitration.
2. Arbitration Institutions:
Cuba does not have a widely recognized independent arbitration institution like some other countries.
Arbitration is often conducted through ad hoc tribunals or under the rules of international institutions such as the International Chamber of Commerce (ICC) or UNCITRAL.
For investment disputes, arbitration may also be under ICSID (International Centre for Settlement of Investment Disputes), depending on the investment agreement.
3. Arbitration Procedure:
Arbitration agreements must be in writing and typically specify the arbitration rules to be followed.
Parties choose arbitrators, or arbitrators are appointed according to agreed procedures.
Arbitration proceedings are private and confidential.
Cuban courts generally support arbitration, particularly in enforcement matters, but court involvement may be more formalistic than in some other jurisdictions.
4. Enforcement of Arbitral Awards:
Foreign arbitral awards can be enforced in Cuba under the New York Convention framework.
Enforcement may be slower or more complex due to Cuba’s legal system and administrative processes.
Domestic awards are also enforceable but subject to review by Cuban courts.
5. Practical Considerations:
Cuba’s arbitration system is less developed than in many other countries, and navigating the process may require local legal expertise.
Arbitration clauses in contracts involving Cuban parties should clearly specify the seat of arbitration, governing law, and arbitration rules to avoid uncertainty.
International investors often prefer arbitration seated outside Cuba (neutral locations) to ensure impartiality and enforceability.
RELATED Blog
0 comments