COTE D’IVOIRE Law and Practice Contributed by: Assemian Kouakou, Innocent Kouakou, Francky Lukanda and Lamine N’Diaye, Ofori Conseils Africa LLP
9. Insurance Disputes 9.1 Insurance Disputes Over Coverage In Côte d’Ivoire, insurance coverage disputes are handled according to the rules of the CIMA Code, with strict interpretation of policy clauses and rigor- ous scrutiny of exclusions by national courts, often after expert assessment. Consumer contracts offer enhanced protection for the insured, while reinsurance disputes are essentially governed by contractual pro- visions between professionals. Actions arising from an insurance contract are subject to a two-year limitation period under Article 28 of the CIMA Code. Unnamed beneficiaries, third parties who have suffered damage under liability insurance or any person with a direct interest may, in the cases provided for by law, enforce the contract, through direct action against the insurer. 9.2 Insurance Disputes Over Jurisdiction and Choice of Law Disputes relating to insurance contracts are gener- ally brought before the national courts of the insured’s place of residence, regardless of the nature of the insurance, except for real estate where jurisdiction lies with the court of the place where the property is locat- ed, in accordance with the provisions of Article 30 of the CIMA Code. Insurance law is mainly governed by the mandatory rules of the CIMA Code, which applies uniformly in all CIMA member states and takes prec- edence over national legislation. Jurisdiction or choice of law clauses are only valid if they do not contra- dict the mandatory provisions of the CIMA Code. No specific international agreement derogates from this regime, and the Ivorian courts reject any foreign law that is incompatible with the public policy standards prescribed by the CIMA Code. Reinsurance contracts enjoy greater contractual freedom, particularly regard- ing arbitration and choice of law. 9.3 Litigation Process In Côte d’Ivoire, insurance litigation follows the stand- ard civil procedure: filing of a summons with the com- petent court, a phase of exchanges and investigation, often including a judicial expert opinion, followed by a judgment that may be appealed. The mandatory rules of the CIMA Code govern the dispute, particularly regarding jurisdiction, the two-year limitation period and the review of clauses. Alternative methods exist
(mediation and arbitration), especially for contracts between professionals. 9.4 Enforcement of Judgments Court decisions are enforceable as soon as they become final or are accompanied by provisional enforcement, under the supervision of the com- petent national courts. Foreign judgments may be enforced after obtaining exequatur from the court of first instance, a procedure that verifies the jurisdic- tion of the court of origin, respect for the rights of the defence, compliance with Ivorian public policy and the absence of fraud. Once exequatur has been granted, the decision has the same effect as an Ivorian judg- ment and may be enforced through the usual seizure or recovery procedures. 9.5 Enforcement of Arbitration Clauses In practice, arbitration clauses included in insurance and reinsurance contracts are generally recognised and enforceable, provided that they comply with the provisions of the Code of Civil Procedure and the CIMA Code. Arbitration is particularly used for dis- putes between professionals and allows for deroga- tion from the jurisdiction of national courts, provided that the clause is clear, consensual and the arbitration does not infringe the mandatory rules for the protec- tion of insured parties. 9.6 Enforcement of Awards The enforcement of arbitral awards is governed by the OHADA Uniform Act on Arbitration Law and by the applicable national provisions. A national arbi- tral award is directly enforceable. However, arbitral awards rendered by foreign courts must first obtain exequatur in order to be recognised and enforced in Côte d’Ivoire. The competent court grants exequatur unless the award is manifestly contrary to international public policy or if essential procedural requirements have not been met. Côte d’Ivoire has been a party to the 1958 New York Convention since 1991, which strengthens the effec- tiveness of the recognition and enforcement of foreign awards in this jurisdiction, subject to compliance with public policy.
138 CHAMBERS.COM
Powered by FlippingBook