International Commercial Arbitration at Central African Republic
Sure! Here’s an overview of International Commercial Arbitration in the Central African Republic (CAR):
International Commercial Arbitration in the Central African Republic
Legal Framework
The Central African Republic (CAR) is a member of the Organization for the Harmonization of Business Law in Africa (OHADA).
OHADA provides a uniform legal framework for arbitration applicable across its member states, including the CAR.
Arbitration in CAR is governed primarily by the OHADA Uniform Act on Arbitration (also known as the OHADA Arbitration Law).
This law is modeled after the UNCITRAL Model Law on International Commercial Arbitration, which is internationally recognized.
Key Features of Arbitration in CAR
Arbitration Agreement
Parties may agree to submit disputes to arbitration.
The arbitration agreement must be in writing.
Scope
Applies to commercial disputes including international contracts.
Arbitration can be used for a wide range of commercial matters.
Arbitral Tribunal
Parties can choose their arbitrators freely.
If parties fail to agree, the appointing authority designated in the contract or the relevant arbitration institution can appoint arbitrators.
Seat of Arbitration
Arbitration can be seated in CAR or any other agreed location.
The seat determines the procedural law applicable to the arbitration.
Recognition and Enforcement
Awards rendered under the OHADA Arbitration Law are final and binding.
Enforcement of arbitral awards is governed by the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
CAR is a party to the New York Convention, facilitating enforcement internationally.
Court Support
Local courts in CAR have a limited supervisory role.
Courts support arbitration by enforcing arbitration agreements, assisting with evidence collection, and enforcing awards.
Institutions and Arbitration Rules
CAR parties can use the OHADA Common Court of Justice and Arbitration (CCJA), which is the judicial and arbitration institution under OHADA.
The CCJA Arbitration Rules apply for institutional arbitration.
Alternatively, parties may choose other arbitration institutions (like ICC or ad hoc arbitration under UNCITRAL rules).
Summary
The Central African Republic provides a stable legal framework for international commercial arbitration based on OHADA laws.
Arbitration is widely recognized and supported by international conventions.
The OHADA framework provides uniformity and predictability for cross-border commercial disputes in CAR and the broader OHADA region.
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