SENEGAL Trends and Developments Contributed by: Aboubacar Fall, AF Legal
Arbitration in Senegal: Current Situation, Challenges and Prospects
In addition, the Senegalese Code of Civil Procedure contains provisions specific to arbitration, in particu - lar for the recognition and enforcement of awards, in harmony with the 1958 New York Convention, ratified by Senegal since 1994. The Abu Dhabi Convention applies to all arbitrations seated in a state that is party to that convention, which includes Senegal in accordance with Article 35, which provides that this uniform law replaces the law on arbitration in the party states, including Senegal. It thus sets out the rules relating to institutional or ad hoc arbitration, the conditions for the validity of the arbitration agreement, the constitution of the arbitral tribunal, the conduct of the proceedings, the action for annulment, and the recognition and enforcement of the arbitral award. In addition, the Common Court of Justice and Arbi - tration (CCJA) plays a central role as a supranational court responsible for supporting and reviewing OHA - DA arbitral awards. Internal institutional dynamics and the promotion of arbitration Senegal has established several arbitration institu - tions aimed at promoting the extrajudicial settlement of commercial disputes. These institutions are respon - sible for registering claims, appointing arbitrators and administering proceedings in accordance with rules based on international standards. The Centre for Arbitration, Mediation and Conciliation of the Chamber of Commerce of Dakar (CAMC-D) The CAMC-D was established in 1998 to relieve pres - sure on state courts, support economic competitive - ness and contribute to improving legal certainty for businesses in Senegal by offering a more specialised judicial system that was closer to economic actors, in order to resolve industrial and commercial disputes in a flexible, rapid and efficient manner. The Centre’s main activity consists of administering arbitration, mediation and conciliation proceedings on the basis of the Arbitration Rules and Mediation Rules, the provisions of which are enforced by the commit - tee. Cases are managed by the Centre’s Secretariat
Arbitration in Senegal has undergone significant developments in recent years, driven by economic and institutional actors keen to promote alternative dispute resolution methods that are better suited to the demands of the modern economy. As a member state of OHADA (Organisation for the Harmonisation of Business Law in Africa), Senegal applies uniform arbitration law while developing its own initiatives to enhance its attractiveness as an arbitration seat in West Africa. Senegal has been a pioneer among French-speaking African countries in the early adoption of legislation favourable to arbitra - tion. It has always supported international trade and has been a leader in intra-African relations. This trajectory is supported by a favourable legal framework and a gradual strengthening of institutional capacities. This article provides a summary of the main trends and recent developments in arbitration in Senegal, focusing on the evolution of the regulatory frame - work, institutional and procedural reforms, and the challenges to be overcome for greater international recognition. The legal infrastructure for arbitration in Senegal Senegal is a member state of OHADA and, as such, applies the Uniform Arbitration Law (AUA) revised in 2017. The legal framework applicable to arbitration in Sen - egal is based primarily on: • the OHADA Uniform Law on Arbitration of 23 November 2017, resulting from an international treaty on the harmonisation of business law in Africa, in force in 17 OHADA countries, including Senegal; • Decree No 98-492, which replaces Articles 795 to 820 of the Code of Civil Procedure; and; • Law No 98-30 of 14 April 1998 (which defines arbitration law in Senegal, in accordance with the principles set out in the OHADA Uniform Law on Arbitration).
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