International Commercial Arbitration at Haiti
International Commercial Arbitration in Haiti
International commercial arbitration is an alternative dispute resolution (ADR) method used to settle cross-border business disputes outside traditional court systems. In the context of Haiti, international commercial arbitration is still developing, and there are several important considerations for parties contemplating arbitration with a seat or connection to Haiti.
1. Legal Framework
Haiti does not currently have a comprehensive or modern arbitration law aligned with the UNCITRAL Model Law. Arbitration in Haiti is generally governed by provisions in the Haitian Code of Civil Procedure, which contains limited and outdated references to arbitration.
2. International Conventions
Haiti is a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958). It acceded in 1983. This means:
Foreign arbitral awards can, in theory, be recognized and enforced in Haiti, subject to compliance with local procedural rules.
Haitian courts are expected to enforce arbitration agreements and stay litigation where such agreements exist.
3. Local Arbitration Institutions
There is no major international arbitration center based in Haiti. However, some local business chambers and legal institutions may facilitate arbitration or mediation. For international arbitration, parties often choose foreign seats such as Paris, New York, or Miami, due to more predictable legal frameworks.
4. Practical Challenges
Judicial capacity: The Haitian judiciary may lack experience in handling international arbitration matters.
Enforcement: While the legal framework allows enforcement of foreign awards, delays and procedural hurdles are common.
Political and economic instability: This can impact the overall business environment and the reliability of legal processes.
5. Best Practices for Parties Involving Haiti
Consider choosing a neutral seat of arbitration in a more arbitration-friendly jurisdiction.
Use well-drafted arbitration clauses specifying applicable rules (e.g., ICC, LCIA, UNCITRAL).
Work with local legal counsel familiar with Haitian procedural laws if enforcement in Haiti may be necessary.
Conclusion
While Haiti is a signatory to the New York Convention and allows arbitration, the practical framework for international commercial arbitration is underdeveloped. Businesses are advised to carefully structure arbitration agreements and consider using neutral third-country venues to minimize risks.
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