A dispute resolution by arbitration in Gibraltar initially presupposes the conclusion of an arbitration agreement. These provisions are general in nature and relate to the appointment of arbitrators, the nature of the award and the costs involved. In this article, we offer a brief overview of how arbitration dispute resolution and dispute settlement occurs through mediation in Gibraltar.
Should you resort to arbitration in Gibraltar?
Arbitral awards in Gibraltar are made in accordance with the New York Convention.
In this regard, the following should be noted:
- the arbitration agreement is irrevocable without court permission;
- the courts have the power to suspend any proceedings for which there is a valid arbitration agreement in order to facilitate the arbitration;
- Execution of an arbitral award in Gibraltar follows the same procedure as an award or order in court.
The court may suspend any ongoing litigation in relation to agreements that are not internal arbitration agreements. However, the factors that the court may take into account when settling a suspension of arbitration in Gibraltar differ in that they focus more on whether the agreement can be enforced, rather than whether the applicant is willing to do whatever is necessary to conduct the arbitration proceedings in Gibraltar.
If judgments are made in accordance with agreements concluded outside Gibraltar, the court may enforce them. This only applies to states that are signatories to the New York Convention.
It should be noted that the Gibraltar courts may refuse to enforce an arbitral award, and sometimes such refusals are inexplicable.
Dispute resolution through mediation in Gibraltar
There are no rules in this jurisdiction that would make this process mandatory or give final instructions on how a dispute should be resolved through mediation.
However, a lack of understanding of the benefits of mediation has led to its limited use, and demystifying mediation would help increase its popularity.
The Gibraltar legislation contains a limited number of rules and the main emphasis is on the self-regulation of mediation by organizations of mediators. As in England and Wales, the parties are generally free to agree among themselves on all aspects of the mediation process. In the framework of mediation, it is the decisions made by the parties themselves, and not by the judge or arbitrator, that are executed. It should be understood that when resolving disputes in mediation in Gibraltar, the parties are motivated not by the onset of negative events from non-execution, but by the execution of their decisions. The agreements reached by the parties are formalized in the form of an agreement between the parties, the execution of which is governed by the laws of Gibraltar.
The use of mediation in Gibraltar is becoming more common despite the fact that mediation is often perceived with skepticism and through the prism of other knowledge and beliefs. Therefore, many different misconceptions have formed about mediation as one of the newest tools for resolving conflicts in the business environment in Gibraltar, which should be discarded.
Mediation services in Gibraltar are provided by certified mediators, many of whom have been trained in UK training programs, such as our team. Therefore, if you decide to use the services of a mediator in Gibraltar, our specialists are at your service.
The arbitration in Gibraltar is largely based on the New York Convention. Mediation in Gibraltar follows the same methodology as in England. If you have any questions, we will be happy to advise you on the possibilities of resolving a commercial dispute in Gibraltar. Reach out to us by filling out a feedback form below.