International Commercial Arbitration at Gambia
Here’s a detailed overview of International Commercial Arbitration in The Gambia:
International Commercial Arbitration in The Gambia
1. Legal Framework
The Gambia’s arbitration regime is primarily governed by the Arbitration Act, 2001, which is largely based on the UNCITRAL Model Law on International Commercial Arbitration.
This means the country has a modern and internationally recognized legal framework for arbitration.
The Gambia is a signatory to the New York Convention (1958), which enables the recognition and enforcement of foreign arbitral awards within the country.
2. Key Features of Arbitration Law
Arbitration agreements are enforceable and respected by Gambian courts.
The Arbitration Act allows parties to choose:
The seat (place) of arbitration,
The number of arbitrators,
The procedure to be followed.
Courts have a limited role and generally avoid interfering in arbitration except to support enforcement and appointment of arbitrators if necessary.
Arbitration awards are final and binding, with limited grounds for setting aside.
3. Arbitration Institutions and Practice
The Gambia does not currently have a prominent local arbitration center.
International arbitration can be conducted ad hoc or under rules of major institutions such as:
International Chamber of Commerce (ICC)
London Court of International Arbitration (LCIA)
International Centre for Settlement of Investment Disputes (ICSID)
Parties often opt for arbitration venues outside The Gambia, but the legal framework supports arbitration seated in The Gambia as well.
4. Enforcement of Arbitral Awards
Thanks to the New York Convention, foreign arbitral awards are enforceable in The Gambia subject to the standard limited grounds for refusal.
Domestic awards under the Arbitration Act can also be enforced by the courts.
5. Advantages of Arbitration in The Gambia
Arbitration offers a neutral, flexible, and confidential dispute resolution method.
The modern legal framework is designed to provide certainty and efficiency in resolving disputes.
Suitable for international commercial and investment disputes involving Gambian parties or assets.
Recognition and enforcement of foreign arbitral awards encourage foreign investment and trade.
6. Context and Use
Arbitration is often used in sectors like natural resources, infrastructure, and commercial contracts involving Gambian parties.
The Gambia’s arbitration framework aims to facilitate international trade and investment by providing reliable dispute resolution options.
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