International Commercial Arbitration at San Marino
International Commercial Arbitration in San Marino is a niche area due to the country’s small size and relatively limited role in global commerce. However, here’s an overview of the key points regarding this topic:
🔹 San Marino and International Arbitration: Overview
Legal Framework:
San Marino does not have a highly developed independent arbitration regime like countries such as Switzerland or France.
However, it allows arbitration under general principles of civil law and recognizes foreign arbitral awards, especially under the New York Convention.
New York Convention:
San Marino is a party to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
This means arbitral awards made in San Marino are enforceable in over 170 countries, and vice versa.
Arbitration Institutions:
San Marino does not host a major international arbitration institution.
Parties generally choose international arbitration centers (e.g., ICC in Paris, LCIA in London, or ICSID) and can designate San Marino as the seat of arbitration if desired.
Governing Law:
In cross-border contracts, parties may choose San Marino as the seat of arbitration, but often apply the law of a larger jurisdiction for clarity and predictability.
San Marino's civil code allows for arbitration clauses and provides general rules on enforceability.
Use in Practice:
Due to its limited commercial disputes, San Marino is rarely chosen as a seat of arbitration.
However, it may be considered for neutrality or tax-related reasons in select cases.
✅ Summary
San Marino permits international arbitration and enforces foreign awards under the New York Convention.
It is not a common arbitration hub, but may be chosen for specific strategic, legal, or neutrality reasons.
No major arbitration institutions are based there; parties use foreign centers for proceedings.
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