SUDAN Law and Practice Contributed by: Omer Ali Abdelrahman, Omer Ali Law Firm
• injunction against breach of contract or cause of injury; and • appointment of receiver for the property in dispute. An injunction directed against a company shall also be binding on all its members and officials for whose personal acts the injunction is intended. Relief in Aid of Foreign Arbitration As regards whether the courts in Sudan can grant interim relief in aid of foreign-seated arbitrations, there is at least one precedent (albeit before the cur - rent Arbitration Act and its predecessor the Arbitra - tion Act 2005), where the Court of Appeal ordered the freezing of certain payments due to a foreign entity with no domicile or residence in Sudan, pending the outcome of a foreign-seated arbitration ( Mo Myson Group of Companies v Domen Anderman Reven , CA/ CA/276/1981). In this case, the court both exercised jurisdiction and referred the case to international arbi - tration despite the objection of the respondent that the court lacked jurisdiction in light of the governing law clause, which provided for a foreign law as the governing law, and took the interim measure of freez - ing money. There are no rules regarding emergency arbitrators in Sudanese law. 6.3 Security for Costs The law allows the courts and/or the arbitral tribunal to order security for costs. Section 155 of the Civil Procedures Act 1983 provides that the court may pre - scribe not issuing the requested warrant/order unless the claimant pays into court such amount of money as the court may deem sufficient to cover the cost.
the arbitration, provided the parties are treated on an equal footing. 7.2 Procedural Steps Certain procedural steps are required by law under the Arbitration Act. • Arbitration proceedings are deemed to commence on the date when the respondent receives the statement of claim, unless the parties agree on another date. • The place of arbitration shall be determined by the arbitral tribunal, unless the parties have already agreed on such place. • Arabic shall be the language of arbitration, unless the parties agree on another language; however, there could be translations into other languages as requested by the parties. • The contents of the statement of claim shall be: (a) the name, capacity, nationality and address of the claimant; (b) the name, capacity, nationality and address of the respondent; (c) a description of the dispute and facts; and • d) the claimant’s claims. • The statement of claim shall be presented in writ - ing to the respondent and the arbitral tribunal, enclosing a copy of the contract and the arbitration agreement if not part of the contract. • The respondent shall present its defences and claims for the claimant to respond. • The arbitral tribunal shall arrange for hearing ses - sions in order to enable each party to explain the subject matter of the arbitration and present its arguments and evidence; however, the arbitral tribunal may limit the proceedings to exchange of written submissions and documents if the parties so agree. • If a party abstains despite being notified without an acceptable reason, the arbitral tribunal may carry on with the proceedings at the request of the other party; however, such abstention shall not be taken as admission by the abstaining party. • A party may request the arbitral tribunal to sum - mon a witness to appear or a third party to pro - duce evidence. The arbitral tribunal may refer such request to the competent court for action.
7. Procedure 7.1 Governing Rules
Under Section 21 of the Arbitration Act, the arbitral tribunal is directed to apply the substantive and pro - cedural laws as agreed by the parties in the arbitra - tion agreement or arbitration clause. In the absence of such agreement, the arbitral tribunal shall apply the substantive and procedural rules that it deems suit - able in the law most related to the subject matter of
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