Alternate Dispute Resolution Law at Senegal
Senegal has developed a comprehensive framework for Alternative Dispute Resolution (ADR), integrating both national and regional legal instruments to facilitate efficient and accessible dispute resolution.
🇸🇳 Senegal's ADR Legal Framework
1. OHADA Uniform Acts
Senegal is a member of the Organisation pour l’Harmonisation en Afrique du Droit des Affaires (OHADA), which has established Uniform Acts that serve as the primary legal instruments for ADR in member states
Uniform Act on Arbitration (UAA): Adopted in 2017, this Act governs arbitration procedures within OHADA member states, including Senegal. It outlines the composition of arbitral tribunals, the arbitration process, and the recognition and enforcement of arbitral awards. The UAA is considered the national arbitration law of each member state, including Senegal .
Uniform Act on Mediation: Adopted in 2017, this Act provides a framework for mediation, defining it as a process by which parties seek to resolve disputes with the assistance of a neutral third party. It applies to both conventional and judicial mediations and emphasizes confidentiality and the enforceability of mediated agreements .
2. National Legislation
In addition to the OHADA Uniform Acts, Senegal has enacted national laws to complement and implement ADR practices
Arbitration Law No. 98-30 (1998): This law provides specific provisions for arbitration in Senegal, aligning with the principles set forth in the OHADA Uniform Act on Arbitration .
Decree No. 98-492 (1998): This decree amends the Code of Civil Procedure to incorporate provisions related to arbitration, replacing Articles 795 to 820 .
Decree No. 2014-1653 (2014): This decree promotes the culture and practice of mediation and conciliation, aiming to decongest the courts and provide alternative means of dispute resolution .
3. Institutional Support
National Commission for the Harmonization of Business Law (CN/OHADA): This commission serves as the liaison between Senegal and OHADA, ensuring the implementation and adaptation of OHADA laws within the country. It organizes seminars, disseminates information, and formulates recommendations to align national laws with OHADA standards
Arbitration and Mediation Centre (CAMC): Established in 1998 under the Dakar Chamber of Commerce, the CAMC provides facilities and rules for conducting arbitration and mediation proceedings in Senegal. It offers a platform for both domestic and international disputes .
✅ Conclusion
Senegal's ADR framework is characterized by a dual approach: adherence to regional standards set by OHADA and the establishment of national laws and institutions to support and implement these standards. This integrated system aims to provide efficient, accessible, and culturally appropriate means of resolving disputes, thereby enhancing the business and legal environment in Senegal.
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