International Commercial Arbitration at São Tomé and Príncipe
Here’s an overview of International Commercial Arbitration in São Tomé and Príncipe:
🔹 São Tomé and Príncipe and International Commercial Arbitration
Legal Framework
São Tomé and Príncipe’s legal system is based primarily on Portuguese civil law tradition and local statutes. The country has limited specific laws dedicated to arbitration, but arbitration is generally allowed under its civil procedural codes.
Arbitration Laws
São Tomé and Príncipe does not have a detailed or modern arbitration statute specifically governing international commercial arbitration.
Arbitration is generally governed by principles found in its civil procedural laws, which allow parties to resolve disputes through arbitration if they agree.
New York Convention
As of now, São Tomé and Príncipe is not a signatory to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
This means enforcing foreign arbitral awards in São Tomé and Príncipe could be more complicated and may require local court recognition under ordinary judicial procedures.
Local Arbitration Institutions
São Tomé and Príncipe does not have established local arbitration institutions specialized in international commercial arbitration.
Arbitration proceedings, if conducted, are usually ad hoc or administered by foreign arbitration centers such as ICC, LCIA, or others.
Practice & Usage
Due to the lack of a modern arbitration framework and absence from the New York Convention, São Tomé and Príncipe is rarely used as a seat for international arbitration.
Businesses operating there usually rely on arbitration seated in other jurisdictions for dispute resolution clauses.
✅ Summary
São Tomé and Príncipe allows arbitration under general principles but lacks a dedicated international arbitration law.
Not a party to the New York Convention, making enforcement of foreign awards difficult.
No local arbitration institutions; arbitration usually administered abroad.
Rarely chosen as a seat for international commercial arbitration.
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