International Commercial Arbitration at Seychelles
Here’s an overview of International Commercial Arbitration in Seychelles:
🔷 Legal Framework in Seychelles
Arbitration Act, 2008 (as amended)
Seychelles’ arbitration law is largely based on the UNCITRAL Model Law on International Commercial Arbitration.
It governs both domestic and international arbitration.
Provides for party autonomy, minimal court intervention, and recognition/enforcement of awards.
International Conventions
Seychelles is a signatory to the New York Convention (1958) on the Recognition and Enforcement of Foreign Arbitral Awards.
This means foreign arbitral awards can be enforced in Seychelles and vice versa.
🔷 Arbitration Institutions
Seychelles does not have a prominent local arbitration institution like other jurisdictions.
Parties generally opt for ad hoc arbitration or use international institutions such as:
International Chamber of Commerce (ICC)
London Court of International Arbitration (LCIA)
Singapore International Arbitration Centre (SIAC)
UNCITRAL Arbitration Rules often used for ad hoc proceedings.
🔷 Key Features
Party Autonomy: Parties can freely choose arbitration procedures, language, venue, and arbitrators.
Seat of Arbitration: Seychelles is often chosen as a neutral seat, particularly for disputes involving African and Indian Ocean region companies.
Enforcement: Awards rendered in Seychelles or foreign awards recognized under the New York Convention can be enforced by Seychelles courts.
Limited Court Intervention: Courts assist mainly in appointing arbitrators (if parties fail to do so), granting interim measures, and enforcing awards.
🔷 Role of Courts
Seychelles courts adopt a supportive approach, respecting the arbitration agreement and minimizing interference.
Courts can refuse enforcement of awards only on limited grounds such as incapacity, invalid arbitration agreement, or violation of public policy.
🔷 Common Uses
Arbitration in Seychelles is popular for offshore commercial disputes, maritime and shipping cases, and investment disputes.
Its status as an offshore financial center makes it attractive for arbitration clauses in international contracts.
🔷 Practical Considerations
Draft clear arbitration clauses referencing Seychelles law or specifying Seychelles as the seat.
Consider using well-established international arbitration rules and institutions for credibility.
Engage local legal counsel to ensure compliance with Seychelles arbitration legislation and procedural requirements.
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