SENEGAL Law and Practice Contributed by: Aboubacar Fall, AF Legal
constituted or when the measures requested must be enforced quickly. Senegalese courts recognise and may grant provi - sional measures to support foreign arbitration pro - ceedings if these proceedings concern parties or property located on Senegalese territory. The types of provisional measure granted by the courts are as follows: • precautionary seizure of property; • prohibition on taking certain actions that could harm a party; • order to produce or preserve evidence; and • temporary suspension of the execution of certain acts. Senegalese law, through the AUA, allows for the use of an emergency arbitrator appointed to order urgent provisional measures. Decisions rendered by the emergency arbitrator are binding on the parties. Senegalese courts may intervene to enforce, modify, or annul the measures ordered by the emergency arbitrator. They may also be seized in the event of a dispute concerning the competence or impartiality of In Senegal, national law, in particular the AUA, allows arbitral tribunals and competent state courts to order security for costs in arbitration proceedings. The AUA does not explicitly impose a strict obligation, but leaves discretion to the arbitral tribunal and the supporting judge to order such bonds, with a view to ensuring the regularity and financial viability of the arbitration proceedings. The arbitral tribunal may require the parties to deposit security to cover the costs of the arbitration, including the arbitrators’ fees, administrative costs, and other costs related to the proceedings. the emergency arbitrator. 6.3 Security for Costs
The supporting judge may also order security for costs, in particular when he or she intervenes in the appointment of arbitrators or measures relating to the arbitration.
7. Procedure 7.1 Governing Rules
Arbitration proceedings are mainly governed by sev - eral applicable laws and rules, which regulate both domestic and international arbitration. As Senegal is a member of OHADA, the AUA is the main source governing arbitration proceedings. It covers all essential aspects: validity of the arbitration agreement, appointment of arbitrators, conduct of the proceedings, jurisdiction of state courts, enforcement of awards, etc. In addition to the AUA, certain provisions of the Code of Civil Procedure may apply, particularly for matters not governed by the AUA. Parties may also choose to apply the procedural rules of recognised arbitral institutions, such as the CAMC in Dakar. Senegal is a party to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbi - tral Awards, which supplements the national frame - work, particularly with regard to enforcement. 7.2 Procedural Steps Arbitration proceedings, whether domestic or interna - tional, are governed by specific procedural steps set out in the AUA, which aim to ensure that the process is fair, swift and efficient. The procedure begins with the existence of a writ - ten arbitration agreement between the parties, which must be clear and precise as to the intention to resort to arbitration. The claimant notifies the opposing party of the request for arbitration in accordance with the terms of the agreement or of the chosen rules. This request must contain the essential elements: identity of the parties, subject matter of the dispute, nature of the request, arbitration clause, etc.
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