SENEGAL Law and Practice Contributed by: Aboubacar Fall, AF Legal
7.3 Powers and Duties of Arbitrators In Senegal, the legal framework applicable to arbitra - tors is mainly defined by the AUA. Arbitrators have the power to set the rules of pro - cedure, including the schedule for exchanges, the organisation of hearings, the conduct of debates and the management of evidence, in accordance with the principles of equality and adversarial proceedings. They may rule on their own jurisdiction, including the existence, validity, and scope of the arbitration agree - ment. Arbitrators may order any protective or interim measures necessary to safeguard the rights of the parties during the proceedings. They are also empowered to render a final and binding decision on the merits of a dispute. The duties of arbitrators can be summarised as fol - lows. • Duty of independence and impartiality: arbitrators must be both independent (no connection with the parties) and impartial (not favouring one party over another), and they must disclose any potential conflicts of interest. • Duty of diligence: they must conduct the proceed - ings expeditiously and efficiently, without undue delay. • Duty of confidentiality: arbitration proceedings are generally confidential, and arbitrators must ensure that this confidentiality is maintained. • Duty to state reasons: the arbitral award must be reasoned, clear, and in accordance with applicable law. • Respect for the adversarial process: they must ensure that each party is able to present its argu - ments and evidence under fair conditions. 7.4 Legal Representatives In Senegal, the requirements relating to the qualifica - tions of legal representatives in court and arbitration proceedings depend on the context – whether it is a domestic (national) proceeding or international arbi - tration.
An arbitral tribunal is then set up in accordance with the wishes of the parties to the arbitration agreement (Article 7, AUA). In the absence of an agreement between the parties on the appointment procedure, or if their stipulations are insufficient, the following rules apply to arbitrator appointment. • In the case of arbitration by three arbitrators: (a) each party shall appoint one arbitrator and the two arbitrators thus appointed shall choose the third arbitrator; (b) if a party fails to appoint an arbitrator within 30 days of receiving a request to that effect from the other party, or if the two arbitrators cannot agree on the choice of the third arbitrator within 30 days of their appointment, the appointment shall be made, at the request of a party, by the competent court in Senegal; • In the case of arbitration by a sole arbitrator, if the parties cannot agree on the choice of arbitrator, an arbitrator will be appointed by the competent court of an OHADA member state. After the tribunal has been decided, the parties exchange their briefs, conclusions and exhibits in accordance with the schedule set by the tribunal. The parties may raise preliminary objections, such as jurisdiction. The tribunal may hold procedural and evidentiary hearings to hear the parties and their witnesses and experts. Hearings are not mandatory if the tribunal considers that the written documents are sufficient. The arbitral tribunal may order interim or protective measures at any time to protect the rights of the par - ties. After the hearing, the tribunal deliberates and issues its arbitral award, which must be reasoned and signed. The award is final and binding on the parties. The award may be enforced voluntarily or through legal proceedings after confirmation by the compe - tent courts.
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