SENEGAL Trends and Developments Contributed by: Aboubacar Fall, AF Legal Law Firm
Recent Developments in International Arbitration in Senegal Introduction Arbitration in Senegal is undergoing significant and continuous development, driven by the progressive modernisation of business law within the Organisa - tion pour l’Harmonisation en Afrique du Droit des Affaires (OHADA) area and by the determination of the Senegalese authorities to strengthen the country’s legal attractiveness. Against a backdrop marked by intensifying foreign investment, the development of major projects in the energy, infrastructure and natural resources sectors, as well as an increasing integration into regional and international trade, arbitration has established itself as a central mechanism for resolving commercial and investment disputes. This dynamic reflects a dual logic: on the one hand, the consolidation of a legal framework that is already largely harmonised and recognised internationally; on the other, the gradual adaptation of domestic law to contemporary requirements of legal certainty, proce - dural speed and economic efficiency. Recent develop - ments illustrate this evolution, particularly through the strengthening of arbitral institutions, the proliferation of academic and scholarly initiatives, and the reform of the Investment Code. A consolidated and largely harmonised legal framework Arbitration in Senegal rests on a solid legal foundation, largely derived from OHADA uniform law. The Uniform Act on Arbitration Law, revised in 2017, constitutes the central text applicable across all member states, including Senegal. It now introduces the jurisdiction of the Common Court of Justice and Arbitration (CCJA) in investment arbitration-related matters. This text also sets out in detail the regime governing the arbitration agreement, the constitution of the arbitral tribunal, the arbitral procedure, and the regime governing awards and their enforcement. This national framework is supplemented by funda - mental international legal instruments, notably the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, which Sen - egal ratified in 1994. This Convention is an essential pillar of the effectiveness of international arbitration,
ensuring the circulation of arbitral awards across a large number of jurisdictions. Senegal is also a Party to the Washington Convention of 18 March 1965, which established the International Centre for Settlement of Investment Disputes (ICSID). The Senegalese legal framework is further enriched by certain provisions of the Code of Civil Procedure, as well as by earlier national legislation, notably Law No 98-30 of 14 April 1998 and Decree No 98-492, which helped to structure the foundations of domestic arbi - tration law prior to OHADA harmonisation. The Com - mon Court of Justice and Arbitration (CCJA) plays a key role in the uniform interpretation and application of OHADA law, thereby contributing to the legal certainty of transactions and the coherence of the arbitration system within the community area. Furthermore, domestic parties are increasingly turn - ing to international arbitration, administered by insti - tutions such as the International Court of Arbitration attached to the International Chamber of Commerce (ICC) or the International Centre for Settlement of Investment Disputes (ICSID), particularly when enter - ing into contracts with foreign partners. Institutional strengthening and the momentum to promote arbitration Statistics and empirical studies have shown that the majority of arbitration proceedings involving African parties, whether states or private companies, are still predominantly settled outside the African continent, particularly in Europe and the United States before international arbitral institutions and with the involve- ment of arbitrators and counsel who often are not African. This situation has, for several years, raised the question of the effective location of arbitral jus - tice in relation to African disputes and, more broadly, the place of African practitioners within the interna - tional arbitration system. The explanation traditionally put forward to account for this situation is that the African continent suffers from a shortage of techni - cal capacity and expertise in arbitration. However, this analysis increasingly appears outdated in light of recent developments in arbitration practice in Africa. Indeed, contemporary developments demonstrate a gradual rise in local expertise and growing structuring
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