What is the procedure for Arbitation under the laws of Anguilla
Asked 3 months ago2020-06-26 16:36:19
Under a FIDIC 1987 Red Book contract for certain marine civil engineering works in Anguilla, clause 67.3 of the General Conditions have been amended, in that all references to the ICC have been deleted and simply replaced with "Laws of Anguilla".
I believe the amendment is a mis-statement as usually a tribunal forum is specified such as the ICC, and then other information such as the seat of the Tribunal and the applicable law are mentioned elsewhere. Here we have none of that, just a reference to Arbitration having to take place under the "Laws of Anguila"
Anguilla operates under a legal system founded on English Law, and part of their statute law states the Arbitration Act (UK) is to apply to Anguilla.
Does anyone know therefore how such an Arbitration would be commenced, who would Arbitrate and under what rules or process, and if the UK Act above does apply to the contract by virtue to the inclusion of the amended clause, what are key pitfalls and risks?