SENEGAL Law and Practice Contributed by: Aboubacar Fall, AF Legal
dispute or on procedural aspects other than the appointment. • Limited recourse – the decision of the supporting judge is in principle final and enforceable quickly, with little possibility of appeal, in order to avoid additional delays. 4.4 Challenge and Removal of Arbitrators The provisions governing the challenge and removal of arbitrators are set out in the AUA, which strictly regulates these mechanisms in order to guarantee the impartiality, independence and proper conduct of the arbitration proceedings. Challenging Arbitrators The provisions for challenging the appointment of arbitrators are as follows. • Grounds for challenge – an arbitrator may be challenged if there are justified doubts as to their impartiality or independence, or if they are incom - patible with one of the parties or with the nature of the dispute. • Rights of the parties – any party may apply to the arbitral tribunal or, failing that, to the supporting judge to request the challenge of an arbitrator. • Time limit – the request must be made as soon as the grounds for challenge are known or should have been known. • Procedure – the request for challenge is first examined by the arbitral tribunal itself, which rules on the validity of the complaint, and if the tribunal rejects the request, the party may apply to the sup - porting judge. Dismissing Arbitrators The provisions for dismissing arbitrators are as fol - lows. • Dismissal by the parties – the parties may agree in their arbitration agreement on a mechanism for dismissing arbitrators, but this remains rare. • Dismissal by the arbitral tribunal – the AUA does not expressly provide for dismissal by the arbitral tribunal, but the latter may invite an arbitrator to withdraw in the event of serious misconduct. • Dismissal by the supporting judge – in the event of serious misconduct, incapacity, prolonged
absence, or impediment, the supporting judge may be asked to dismiss an arbitrator. Grounds Common grounds for challenge and dismissal include: • lack of impartiality or neutrality; • undisclosed conflict of interest; • serious breach of professional duties; • physical or mental incapacity to perform the func - tion; and • repeated refusal or inability to sit without justifica - tion. 4.5 Arbitrator Requirements In Senegal, requirements relating to the independence and impartiality of arbitrators and the disclosure of potential conflicts of interest are mainly governed by the AUA, supplemented by the rules of the main arbi - tration institutions active in the region, in particular the CAMC. Legal Requirements Under the AUA Article 11 of the AUA requires that each arbitrator be both impartial (not favouring one party over another) and independent (having no personal, professional or financial ties to a party that could influence their neutrality). Arbitrators must also immediately disclose any situa - tion that could give rise to a conflict of interest as soon as they become aware of it. This obligation applies before their appointment and throughout the arbitra - tion proceedings. Failure to comply with these obligations may result in the arbitrator being challenged or even dismissed (Article 11, AUA). Rules of the Main Arbitral Institutions The CAMC rules contain similar provisions, empha - sising: • the need for the arbitrator to be impartial and inde - pendent; • the obligation to promptly and fully disclose any circumstances that may raise legitimate doubts about his impartiality; and
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