SENEGAL Trends and Developments Contributed by: Aboubacar Fall, AF Legal
Structural reforms There are several possible avenues for evolution to modernise the legal and institutional framework of arbitration in the OHADA area: • creation of a code of ethics for Senegalese refer - ees; • a legislative framework for third-party funding; • adoption of provisions on collective arbitration and joining; • strengthening the role of local centres in interna - tional arbitrations; and • increased digitisation of proceedings (remote hear - ings, e-filing, etc). These reforms would make it possible to adapt Sen - egalese law to international standards while preserv - ing local specificities. Conclusion Arbitration in Senegal is undergoing major changes, between OHADA roots and local initiatives. While the legal framework is stable and modern, some innova - tions still need to be made to support the resolution of complex disputes. The development of an arbitration culture, backed by strong institutions and an ethical framework, is now a strategic issue for the country. Senegal can thus aspire to become an attractive arbi - tration hub in West Africa.
integrity, impartiality and independence (Article 7 of the AUA). However, arbitrators are bound by the fol - lowing basic obligations: • declaration of independence and impartiality;
• duty of reserve and neutrality; and • respect for the adversarial process.
In the event of institutional arbitration, they are also subject to the ethical rules of the institution in ques - tion. Third-party funding Third-party funding is not specifically regulated in Senegal or by the AUA. This lack of a legal framework raises questions on: • the transparency of the link between the financed party and its lessor; • disclosure obligations; • potential conflicts of interest; and • the possibility of condemning the financed party in the event of abuse of process. The introduction of a regulatory framework would ensure transparency and avoid abuses, especially in cross-border disputes.
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