Arbitration in Cuba
Updated on Saturday 09th July 2016
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Arbitration in Cuba represents the fundamental method of resolving disputes in this country in regards to contractual liability, with the exception of mandatory jurisdiction as stated by the law. International arbitration in Cuba is not regulated by an appropriate law, but by a court law which is the Decree-Law No. 250 of 2007, which originated the Cuban Court of International Trade Arbitration (CCACI).
Arbitration authority in Cuba
The institution responsible for resolving conflicts through the arbitration method in Cuba is the Cuban Court of International Trade Arbitration (CCACI, by its Spanish initials) from within the International Chamber of Commerce of the Republic of Cuba. However, in some particular situations, cases can be resolved also in foreign arbitration courts, such as the International Court of Arbitration at the International Chamber of Commercce (ICC) in Paris. CCACI is the authority of institutional arbitration for settling contractual and non-contractual disagreements which are voluntarily deferred to by the parties, while the ICC in Paris is characterized by arbitration clause included in international economic association contracts (joint ventures), as well as the Agreements of Reciprocal Promotion and Protection of Investments engaged by Cuba. Our Cuban lawyers can provide more details on this subject.
Requirements for the beginning of the arbitration process in Cuba
The arbitration procedure is initiated with a submission of the application to the Court after the payment of the arbitration rights is effectuated. The documents shall be submitted in enough copies for each party and the Court shall receive a copy of the documentation. The pleadings will be held in Spanish and the necessary documentation have to be submitted in the language of the contract or of the exchanged correspondence.
The parties are allowed to appear in the Court in their own right, represented by a lawyer in Cuba or with appropriately accredited legal representation.
Completion of the arbitration process
The arbitration procedure in Cuba is completed when the Court issues an order or an award. An award is issued in the cases in which the substance of the dispute is settled or in which, at the appeal of the parties, a transaction is approved. Awards issued by the arbitration Courts are definitive, firm and binding on the parties in maximum ten days from their notice.
Need to know more about Cuban arbitration and the procedures required to start and complete such a process in the country? Please contact our attorneys in Cuba.