SENEGAL Law and Practice Contributed by: Aboubacar Fall, AF Legal Law Firm
enforced through the courts, at the request of the arbitral tribunal. Practical Limitations Seeking judicial assistance from the courts may slow down the proceedings. The judge’s co-opera - tion depends on the compatibility of the measures requested with Senegalese public policy and the rules of civil procedure.
In addition, a certified copy of the award must be noti - fied to the parties by the arbitrators or by the compe - tent arbitration institution. The UAA does not, however, provide time limits on delivery/rendering of the award. 10.2 Types of Remedies There are certain limits to the types of relief that an arbitral tribunal may award in Senegal, these primarily being governed by the UAA, Senegalese national law and public policy principles. An arbitral tribunal may, in principle, award the same remedies as a state court, unless otherwise agreed by the parties or in violation of public policy. The types of remedies allowed include: • compensatory damages; • interest on arrears; • injunctions to do or not to do; • specific performance; • contractual rectification or revision, if provided for in the contract or applicable law; and • arbitration costs and expenses. Any damages that violate a mandatory rule (eg, those that are in violation of human dignity or that breach fundamental rights) would be contrary to public policy and therefore unenforceable. Article 26 of the UAA prohibits the enforcement of awards contrary to the international public policy of OHADA member states. 10.3 Recovering Interest and Legal Costs The parties are entitled to recover legal costs in arbi - tration proceedings in Senegal, as follows: • Article 24 of the CCJA UAA Arbitration Rules gives arbitrators the power to order the allocation of costs, unless the parties agree otherwise; and • the types of costs concerned are: (a) attorney’s fees; (b) expert fees; (c) procedural costs (institutional or ad hoc); and (d) other expenses incurred in connection with the dispute.
9. Confidentiality 9.1 Extent of Confidentiality
There are rules that promote discretion in arbitration proceedings. Article 9 of the CAMC’s rules reaffirms the fundamental principle of confidentiality. Hear - ings are not public, and arbitrators do not disclose decisions made during the arbitration proceedings to third parties. Article 14 of the CCJA Arbitration Rules expressly provides that: “the arbitration proceedings are confidential. The work of the court relating to the arbitration proceedings is subject to this confidential - ity, as are all meetings of the court for the administra - tion of the arbitration”. The legal requirements relating to arbitral awards are mainly governed by the UAA, which applies to all member states, including Senegal. Article 20 of the UAA requires a mandatory written form – ie, the award must be rendered in writing. It also requires certain mandatory information. The award must contain: • the full names of the arbitrators; • the names or designations of the parties and their domicile or registered office; • a summary of the respective claims of the parties; and • the reasons for the decision (unless the par - ties have exempted the arbitral tribunal from this requirement). 10. The Award 10.1 Legal Requirements
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