Arbitration and alternative dispute resolution

Arbitration in Cameroon is governed by the OHADA Uniform Act on Arbitration and, for proceedings administered by the Common Court of Justice and Arbitration, by the CCJA Arbitration Rules. Both were adopted at Conakry on 23 November 2017 and came into force on 15 March 2018.

The CCJA in Abidjan is unusual among African institutions in performing three separate functions. It administers arbitrations, maintaining lists of arbitrators and appointing them where the parties do not. It reviews proceedings for irregularity, and may refuse or set aside an award where procedure has been violated or the award offends international public policy. It also grants exequatur, the order that makes an award enforceable.

A tenth Uniform Act, on Mediation, came into force on the same date. It follows the UNCITRAL model and, importantly for a creditor, provides for the enforcement of mediated settlement agreements.

Our work includes

• Drafting arbitration and dispute resolution clauses, and advising on seat, language, number of arbitrators and applicable rules
• Challenging or upholding jurisdiction where an arbitration agreement is contested
• Conducting arbitral proceedings under the Uniform Act, the CCJA Rules and the ICC Rules
• Appointing and challenging arbitrators
• Exequatur, enforcement and proceedings to set aside awards
• Mediation and conciliation, and the enforcement of settlement agreements under the Uniform Act on Mediation