International Commercial Arbitration at Gibraltar (BOT)
Here’s an overview of International Commercial Arbitration in Gibraltar, with a focus on BOT (Build-Operate-Transfer) projects:
International Commercial Arbitration in Gibraltar (with BOT context)
Legal Framework
Gibraltar’s arbitration law is based on the Arbitration Act 2012, which closely follows the UK Arbitration Act 1996.
The legislation aligns with international arbitration standards and is designed to facilitate efficient, flexible dispute resolution.
Gibraltar is a signatory to the 1958 New York Convention, ensuring recognition and enforcement of foreign arbitral awards.
Gibraltar courts support arbitration and generally adopt a pro-arbitration stance.
Arbitration in BOT Projects
BOT (Build-Operate-Transfer) projects typically involve complex contracts between public authorities and private entities.
Arbitration is preferred for BOT disputes because of its neutrality, confidentiality, and enforceability.
Arbitration clauses in BOT contracts often specify Gibraltar as the seat of arbitration, leveraging Gibraltar’s robust legal framework.
Key Features of Arbitration in Gibraltar
Arbitration Agreement
Must be in writing.
Parties have wide autonomy to tailor arbitration procedures to suit the BOT project complexities.
Seat of Arbitration
Gibraltar can be selected as the seat, making local arbitration laws applicable.
The seat determines the procedural law governing the arbitration.
Arbitral Tribunal
Parties select arbitrators with expertise relevant to infrastructure and BOT projects.
If parties cannot agree, tribunal members may be appointed by arbitration institutions or courts.
Court Intervention
Courts play a limited supportive role, such as enforcing arbitration agreements and arbitral awards.
Grounds for court interference are minimal, favoring arbitration finality.
Enforcement
Arbitral awards are final and binding.
Enforcement is facilitated both locally and internationally under the New York Convention.
Arbitration Institutions
Parties may choose ad hoc arbitration or refer to recognized institutions such as:
London Court of International Arbitration (LCIA), commonly used due to proximity and shared legal heritage.
Other international bodies like ICC or UNCITRAL arbitration rules.
Summary
Gibraltar offers a modern, arbitration-friendly legal regime, making it suitable as a seat for international commercial arbitration.
Its laws and courts support arbitration used in BOT projects involving infrastructure and public-private partnerships.
Arbitration in Gibraltar ensures neutrality, enforceability, and flexibility—key factors in complex BOT dispute resolution.
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