International Commercial Arbitration at Saint Helena, Ascension and Tristan da Cunha (BOT)
International Commercial Arbitration in Saint Helena, Ascension and Tristan da Cunha (British Overseas Territory)
Overview
Saint Helena, Ascension, and Tristan da Cunha (collectively often abbreviated as SHATD) form a British Overseas Territory (BOT) in the South Atlantic Ocean. As a BOT, its legal system is based on English common law principles, but local statutes and ordinances apply as well. Here is a concise guide about international commercial arbitration in this jurisdiction:
1. Legal Framework
No Specific Arbitration Legislation:
Unlike the UK itself, the territory does not have its own comprehensive arbitration statute specifically governing international commercial arbitration.
Application of English Law by Analogy:
Because it is a BOT, English common law principles generally influence dispute resolution. In practice, parties often rely on English arbitration law and institutional rules.
Local Ordinances:
Some local laws may apply but arbitration-specific provisions are very limited or non-existent.
2. Applicable Arbitration Rules
International Arbitration Rules:
Given the lack of local arbitration legislation or institutions, parties usually select international arbitration institutions and rules, such as:
ICC (International Chamber of Commerce)
LCIA (London Court of International Arbitration)
UNCITRAL Arbitration Rules (for ad hoc arbitration)
The parties typically specify arbitration under English law or another agreed legal framework.
3. Seat of Arbitration
While Saint Helena, Ascension, or Tristan da Cunha could be named as the seat of arbitration, the territory's limited legal infrastructure often makes this impractical.
Most international arbitrations involving parties from this territory choose London or another major arbitration hub as the seat, for convenience and enforcement ease.
4. Enforcement of Arbitration Awards
As a British Overseas Territory, the territory is expected to give effect to international arbitration awards.
However, enforcement depends on local court recognition, and there is little precedent due to the rarity of arbitration proceedings.
Awards made under the New York Convention (1958) are generally enforceable, provided the territory has implemented relevant enforcement measures or, if not, enforcement can be sought via UK courts.
5. Practical Considerations
No Local Arbitration Institutions:
There are no arbitration centers or administrative bodies on the islands.
Limited Judicial Resources:
Local courts are small and primarily handle basic civil and criminal matters.
Recommendation:
Use a well-established arbitration seat such as London, Paris, or Geneva, even if the parties are from or contracts relate to SHATD.
Summary
| Aspect | Details |
|---|---|
| Legal System | English common law (local ordinances apply) |
| Arbitration Legislation | No specific local arbitration laws |
| Arbitration Institutions | None locally; use ICC, LCIA, UNCITRAL etc. |
| Seat of Arbitration | Possible but not practical; London preferred |
| Enforcement | Via local courts or UK courts; New York Convention applies |
| Language | English |
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