International Commercial Arbitration at Saint Pierre and Miquelon (France)
Certainly! Here’s a concise overview of International Commercial Arbitration in Saint Pierre and Miquelon (France):
🌍 Background: Saint Pierre and Miquelon
Saint Pierre and Miquelon is a self-governing territorial overseas collectivity of France, located near Canada.
It is legally part of the French Republic, so French law applies, including arbitration law.
As such, international commercial arbitration in Saint Pierre and Miquelon follows French legal frameworks.
⚖️ Legal Framework for Arbitration
Arbitration in Saint Pierre and Miquelon is governed by French arbitration law, primarily:
Articles 1442 to 1527 of the French Code of Civil Procedure.
France is a party to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which applies here.
Both institutional arbitration (e.g., ICC, LCIA) and ad hoc arbitration under French procedural rules are available.
📌 Key Features
| Feature | Details |
|---|---|
| Applicable Law | French law (Code of Civil Procedure) |
| Enforcement | New York Convention applies |
| Arbitral Institutions | No local institutions; commonly use international bodies like ICC, LCIA, UNCITRAL |
| Language | French (official), but English is commonly used in international proceedings |
| Seat of Arbitration | Can be chosen by parties; can be Saint Pierre and Miquelon, mainland France, or another jurisdiction |
🌐 Practical Considerations
Because it is a small territory with limited local arbitration infrastructure, parties often select Paris or other international hubs as the arbitration seat.
The French courts support arbitration by enforcing arbitration agreements and arbitral awards.
Saint Pierre and Miquelon’s location near North America makes it attractive for disputes involving parties from Europe and North America.
✍️ Sample Arbitration Clause for Contracts Involving Saint Pierre and Miquelon
“Any dispute arising out of or relating to this contract shall be finally resolved by arbitration administered in accordance with the Rules of Arbitration of the International Chamber of Commerce (ICC). The seat of arbitration shall be Saint Pierre and Miquelon, France. The language of arbitration shall be English. The arbitral tribunal shall consist of three arbitrators.”
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