International Commercial Arbitration at Western Sahara
Here’s an overview of International Commercial Arbitration in Western Sahara — a complex and sensitive topic due to the territory’s disputed status:
🌍 Context: Western Sahara
Western Sahara is a disputed territory in North Africa, claimed by both the Sahrawi Arab Democratic Republic (SADR) and Morocco.
It is not a sovereign state recognized by the UN but considered a non-self-governing territory.
Because of its unresolved status, Western Sahara lacks an independent, functioning legal system for international commercial arbitration.
⚖️ Legal and Arbitration Framework
There is no local arbitration law or institution operating specifically for Western Sahara.
Legal administration is effectively controlled by Morocco in much of the territory, which applies Moroccan law.
For practical purposes, arbitration related to transactions involving Western Sahara is typically governed by:
Moroccan law if under Moroccan administrative control,
Or by the law of another agreed jurisdiction in the contract.
Western Sahara is not a party to the New York Convention or other international arbitration treaties independently.
📌 Practical Considerations
| Feature | Details |
|---|---|
| Legal System | No autonomous system; Moroccan law often applied in practice |
| Arbitration Law | No specific local arbitration law or institution |
| International Recognition | No direct treaty participation; reliance on other jurisdictions’ laws |
| Dispute Resolution Practice | Arbitration clauses typically specify neutral jurisdictions (e.g., Paris, London) |
| Enforcement of Awards | Awards enforced according to laws of the seat jurisdiction |
🌐 Typical Approach to Arbitration Involving Western Sahara
Parties involved in commercial contracts linked to Western Sahara generally choose arbitration seated in a neutral and established jurisdiction.
Common seats include Paris (France), London (UK), or Geneva (Switzerland).
Contracts often specify arbitration under established institutional rules such as ICC, LCIA, or UNCITRAL.
This approach helps avoid the legal uncertainties arising from the territory’s disputed status.
✍️ Sample Arbitration Clause for Contracts Related to Western Sahara
“Any dispute arising out of or relating to this contract shall be finally resolved by arbitration administered by the International Chamber of Commerce (ICC) under its Arbitration Rules. The seat of arbitration shall be Paris, France. The language of the arbitration shall be English.”
RELATED Blog
0 comments