SENEGAL Law and Practice Contributed by: Aboubacar Fall, AF Legal Law Firm
Limits to Arbitrability The general principles of arbitration, in particular the autonomy of the parties’ will and the need for express consent to arbitration, further limit the possibility of imposing collective arbitration without explicit agree - ment. In addition, certain disputes relating to pub - lic law or fundamental rights (eg, those relating to employment or consumer law) may be considered non-arbitrable or subject to specific class action pro - cedures. 13.2 Ethical Codes In Senegal, several codes of ethics and professional standards govern the conduct of lawyers and arbitra - tors involved in arbitration proceedings. Lawyers The Code of Ethics for Lawyers in Senegal, for exam - ple, governs the professional, ethical and disciplinary rules with which lawyers registered with the Senega - lese Bar must comply. It covers, in particular: • the duty of confidentiality; • compliance with the rules of loyalty and independ - ence; • the duty of diligence and competence; • the prevention of conflicts of interest; and • compliance with the rules of communication and publicity. The Code is further supplemented by general rules on the legal profession, which include requirements on continuing education, professional responsibility, and relations with clients and third parties.
Arbitrators In Senegal, there is not yet a specific national code of ethics for arbitrators. However, arbitrators are gener - ally subject to the ethical rules of the arbitral institu - tions they represent, such as the CCJA or the ICC. 13.3 Third-Party Funding There are no specific national rules or legal restrictions expressly dedicated to third-party funding of arbitra - tion in Senegalese legislation or the UAA. There have also not been any recent court decisions in Senegal concerning third-party funding in arbitration proceed - ings. 13.4 Consolidation The UAA does not contain specific rules concerning the consolidation of separate arbitration proceedings. Consequently, there is no clear legal framework allow - ing an arbitral tribunal or a national court to automati - cally consolidate several separate arbitrations. 13.5 Binding of Third Parties Third parties may be bound by an arbitral ward in the event of voluntary intervention or compulsory inter - vention. That an award may causes harm does not change this fact. The arbitral award may be subject to a third-party notice by any person before the court of the OHADA member state that would have had jurisdiction in the absence of arbitration, and where such an award infringes upon their rights. (Article 25 of the UAA).
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