ARBITRATION
Arbitration is an alternative means of dispute resolution in which the parties involved submit their dispute to one or more impartial arbitrators, who issue a final and binding decision, known as an arbitration award. This mechanism is characterized by speed, flexibility and confidentiality, and is an effective alternative to courts.
Used in both commercial and civil disputes, arbitration allows the parties to choose arbitrators, define the rules of the proceedings and benefit from a solution tailored to the specificities of the case. In São Tomé and Príncipe, arbitration is growing as a fundamental instrument for legal certainty and attracting investment.
RULES APPLICABLE TO ARBITRATION IN SÃO TOMÉ AND PRÍNCIPE
1. Voluntary Arbitration Law – Law No. 9/2006, of 2 November
It establishes the legal regime for voluntary arbitration, regulating the fundamental principles, the requirements of the arbitration process and the effects of the arbitration award.
📄 Access Law No. 9/2006
2. Regime for Granting Authorization for the Creation of Arbitration Centers – Decree-Law No. 05/2017, of May 25
It defines the requirements and procedure for the creation and operation of Arbitration Centers in São Tomé and Príncipe, ensuring that these institutions comply with the national legal system.
📄 Access Decree-Law No. 05/2017
3. Statutes of the Arbitration Center of the Chamber of Commerce, Industry, Agriculture and Services – Decree-Law No. 26/2020, of December 14
It regulates the structure, organization and functioning of CA-CCIAS, outlining its powers and management rules.
Annexes to the Statutes:
CA-CCIAS Regulation;
Regulation of Costs and Preparations;
Code of Ethics for Arbitrators;
Regulation for the Selection and Appointment of Arbitrators.
4. New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards
Fundamental international treaty that establishes the mandatory recognition and enforcement of foreign arbitral awards in signatory countries.
