International Commercial Arbitration at Samoa
Sure! Here's an overview of International Commercial Arbitration in Samoa:
International Commercial Arbitration in Samoa
1. Legal Framework
Samoa has a modern and comprehensive arbitration law called the International Arbitration Act 2013, which is largely based on the UNCITRAL Model Law on International Commercial Arbitration (1985) with amendments.
This means Samoa follows internationally recognized standards for arbitration proceedings, providing a clear legal framework for parties opting for arbitration.
2. Key Features
Arbitration Agreement: The Act requires arbitration agreements to be in writing and valid.
Seat of Arbitration: Parties can agree that Samoa is the seat (legal place) of arbitration. When the seat is in Samoa, the Act governs procedural issues.
Arbitral Tribunal: The Act sets rules on the appointment, powers, and duties of arbitrators.
Conduct of Arbitration: The arbitration procedure is largely party-autonomous, allowing parties to agree on rules or default to those in the Act.
Interim Measures: Courts in Samoa have powers to grant interim relief to support arbitration (e.g., injunctions, preserving evidence).
Recognition and Enforcement of Awards: Samoa is a signatory to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (acceded in 2013). This facilitates the enforcement of foreign and domestic arbitral awards.
3. Advantages of Samoa as an Arbitration Seat
Internationally Recognized Legal Framework: Based on UNCITRAL Model Law, provides certainty and neutrality.
Recognition of Foreign Awards: Enforceable under the New York Convention.
Judicial Support: Courts assist arbitration processes but maintain non-interventionist stance, supporting party autonomy.
Neutral Venue: Suitable for parties in the Pacific region and international businesses.
4. Practical Considerations
Samoa’s arbitration infrastructure is relatively new but growing, making it an emerging arbitration venue in the Pacific.
For international contracts involving Pacific Island parties or companies with connections in Samoa, choosing Samoa as the arbitration seat can be practical and effective.
Parties often opt to combine Samoa seat with arbitration under established institutional rules (e.g., UNCITRAL Arbitration Rules or rules of international bodies).
Sample Arbitration Clause for Samoa
Any dispute, controversy or claim arising out of or relating to this contract, including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in accordance with the International Arbitration Act 2013 of Samoa. The seat of arbitration shall be Apia, Samoa. The arbitral tribunal shall consist of [one/three] arbitrator(s). The language of the arbitration shall be English. The arbitration shall be conducted under the [UNCITRAL Arbitration Rules/rules of [name of institution]].
RELATED Blog
0 comments