International Commercial Arbitration at Saint Barthélemy (France)
International Commercial Arbitration in Saint Barthélemy (France)
Saint Barthélemy (commonly known as St. Barts) is a French overseas collectivity located in the Caribbean. As part of France, its legal and arbitration framework is governed by French law. Here are the key points regarding international commercial arbitration in Saint Barthélemy:
1. Legal Framework
French Arbitration Law Applies: Since Saint Barthélemy is a French overseas collectivity, French law, including the French Code of Civil Procedure (Book IV) which governs arbitration, applies.
International Arbitration Law: France distinguishes between domestic and international arbitration. International arbitration is governed by Articles 1504 to 1527 of the French Code of Civil Procedure.
2. Competent Courts
Although St. Barts does not have its own arbitration institution, disputes or arbitration-related matters may be overseen by courts in Guadeloupe, as it is the regional administrative center.
Appeals and enforcement of arbitration awards fall under the jurisdiction of French courts.
3. Recognition and Enforcement of Awards
New York Convention: France is a party to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which extends to Saint Barthélemy.
Arbitration awards, both domestic and international, are enforceable in St. Barts as in mainland France.
4. Arbitration Institutions
No local arbitration institutions in St. Barts.
Parties typically opt for well-known institutions such as:
ICC (International Chamber of Commerce, Paris)
LCIA (London Court of International Arbitration)
UNCITRAL Rules for ad hoc arbitrations
5. Language and Law
Language: French is the official language, but English is widely used in commercial settings, especially with international parties.
Governing Law: Parties may choose French law or any other law as the governing law for their arbitration agreement.
6. Practical Considerations
While Saint Barthélemy is not a major arbitration hub, it may be used as a neutral venue for arbitration hearings, especially for parties seeking a discreet and peaceful environment.
Given its limited infrastructure for legal proceedings, arbitrations involving St. Barts-based entities are generally conducted under the auspices of international institutions based elsewhere.
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