Mediation in Sao Tome and Principe

Quick Facts

• Legal Framework: The Investment Code provides that disputes in relation to the Code and its subsidiary regulations must be submitted to the domestic courts of Sao Tome and Principe unless international treaties that a...
• Cultural Approach: The judicial system is not as effective and efficient as it could be. Arbitration rules, practice and procedure are in very initial stages. The approach values alternative dispute resolution mechanism...
• Typical Costs: Costs determined by Voluntary Arbitration Law and institutional rules. Costs typically shared between parties unless otherwise agreed. Professional mediator fees generally range from STN 50,000-200,00...

Mediation Research

Legal Framework

The Investment Code provides that disputes in relation to the Code and its subsidiary regulations must be submitted to the domestic courts of Sao Tome and Principe unless international treaties that are binding on Sao Tome stipulate otherwise. Disputes in relation to foreign investments shall, in the absence of any agreement to the contrary, be submitted to arbitration with alternatives: Sao Tomean arbitration law, ICSID rules of 1965, or ICC arbitration rules in Paris. Voluntary Arbitration Law (Law No 9/2006 of 02 November) governs arbitration.

Court System

Investment Code provides disputes must be submitted to domestic courts unless international treaties binding on Sao Tome stipulate otherwise. Judicial system not as effective and efficient as it could be. Further research needed on specific court-annexed mediation programs.

Mediator Regulations

Voluntary Arbitration Law (Law No 9/2006 of 02 November) governs arbitration. Professional standards established through legal framework. Arbitration rules, practice and procedure are in very initial stages. Further research needed on specific mediator certification processes.

Cultural Approach

The judicial system is not as effective and efficient as it could be. Arbitration rules, practice and procedure are in very initial stages. The approach values alternative dispute resolution mechanisms for foreign investments. Further research needed on specific cultural approaches to mediation.

Typical Costs

Costs determined by Voluntary Arbitration Law and institutional rules. Costs typically shared between parties unless otherwise agreed. Professional mediator fees generally range from STN 50,000-200,000 per hour for commercial mediation. ICSID and ICC arbitration have their own fee structures. Developing fee structures due to initial stages of arbitration practice.

Sources

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• New York Convention - Sao Tome and Principe (organization)
• Singapore Convention on Mediation - Jurisdictions (organization)

States and Regions