SENEGAL Law and Practice Contributed by: Aboubacar Fall, AF Legal
tracts provide for recourse to international arbitration to reassure foreign investors. The technical nature of such projects, their high costs, and the risks of conflicts related to execution (delays, cost overruns, contractual defects, etc) make this method of dispute
• applications for the enforcement of arbitral awards, whether national or international. In addition, the CAMC specialises in arbitration.
resolution more appropriate. Telecoms and Technology
2. Governing Legislation 2.1 Governing Law
The opening of the Senegalese market for the pro - vision of information communications technology or infrastructure services to foreign operators has given rise to transnational commercial disputes. These con - tracts often include arbitration clauses, particularly in the event of technical or financial disputes, in order to ensure a rapid and specialised resolution. 1.3 Arbitration Institutions Arbitration, Mediation and Conciliation Centre of the Dakar Chamber of Commerce (CAMC) This is the main national institution for arbitration. It is used primarily for domestic or regional arbitration (West Africa), but it aims to position itself as a centre for international arbitration. In recent years, the CAMC has strengthened its capacities and expanded its rep - utation, notably with the support of the CCIAE (Cham - ber of Commerce) and institutional actors. New Arbitration Institutions in the Last 12 Months As of July 2025, no major new arbitration institu - tions have been created in Senegal in the previous 12 months. However, some university legal clinics or pri - vate mediation centres are beginning to emerge with arbitration ambitions (eg, YAGG-YONN). These have not yet gained institutional recognition at international level, however. 1.4 National Courts Certain courts in Senegal have jurisdiction to hear dis - putes related to arbitration. In accordance with the OHADA Uniform Act on Arbi - tration Law, revised on 23 November 2017 (AUA), to which Senegal is a party, the appeal relating to an arbitral award is brought before the Court of Appeal in whose jurisdiction the arbitral award was rendered, in particular for: • appeals for the annulment of arbitral awards; and
In Senegal, international arbitration is mainly governed by OHADA law, in particular the AUA, and applicable in all OHADA member states. Legislation Applicable to International Arbitration Senegal does not have specific national legislation on international arbitration. The AUA, which is uniformly applicable in the 17 OHADA member states, governs both domestic and international arbitration, unless the parties have agreed otherwise. In addition, Senegal is bound by the 1958 New York Convention, which governs the recognition and enforcement of foreign arbitral awards. The AUA is largely based on the UNCITRAL Model Law on International Commercial Arbitration. Similarities between the two include: • recognition of the principle of competence-com - petence (Article 11, AUA) – ie, that the tribunal has the authority to determine the scope of its own jurisdiction; • autonomy of the arbitration clause; • contractual freedom in the appointment of arbitra - tors, the seat and the applicable law; • limited recourse against arbitral awards (appeal for annulment only in certain limited cases); and • possibility of interim measures by the arbitral tribu - nal. Differences between the two include the following. • While the UNCITRAL Model Law applies primarily to international arbitration, the AUA governs both domestic and international arbitration, giving it a broader scope in OHADA member states, including Senegal.
691 CHAMBERS.COM
Powered by FlippingBook