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Thursday, Nov 21st 2019

The ACP Legal Association

  • OHADAC and ACP Legal

    The partisans of this project, called OHADAC (Organisation for the Harmonisation of Business Law in the Caribbean), decided to meet within the framework of the association ACP Legal, to help interested Caribbean States to implement the project.

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  • OHADAC in brief

    This brochure has been published by the ACP Legal Association.

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DRAFT STATUTES OF THE OHADAC CARIBBEAN CENTRE FOR ARBITRATION AND CONCILIATION

Article 1

Functions

1. The functions of the Caribbean Center of Arbitration (also referred to hereinafter as the “Center” or the “CCA”) shall be as follows: to promote arbitration as an appropriate means for the resolution of disputes arising within the framework of international trade, as well as to disclose the OHADAC Rules of Arbitration; to contribute to the training of arbitrators and mediators in the Caribbean, by means of courses and seminars; to act as Appointing Authority in ad hoc arbitration proceedings initiated in accordance with the OHADAC Rules; and, fittingly, to administer, if appropriate, any arbitral proceedings referred to it by parties, as well as to ensure the proper application of the OHADAC Rules of Arbitration.

2. In the exercise of its functions, the CCA shall act independently in relation both to OHADAC and to any other national, regional or international organization, including CARICOM, the Community of Caribbean States, and the member States of those organizations.

3. The CCA shall exercise its functions with scrupulous respect for the confidentiality of both its proceedings and its activities. It shall define the cases in which and the conditions under which third parties may attend the meetings of the Council, of its plenary sessions or of the Congress, subject to compliance with the obligation of safeguarding, in all cases, the confidentiality of the information dealt with at such meetings.

4. Moreover, the CCA may, on an exceptional basis, offer or allow access to information relating to the awards handed down, for analytical, academic, editorial or other purposes, thus contributing to the promotion and development of arbitration, to the exclusion of information concerning proceedings in respect of which the parties have expressed the wish to ensure strict confidentiality.

Article 2

Seat of the CCA

The seat of the CCA shall be located in the city of Pointe-à-Pitre, Guadeloupe, and it may establish subsidiary seats or representations in any States as it may see fit.

Article 3

Arbitral Council

1. The CCA's administrative organ for the exercise of its functions shall be the Arbitral Council made up of seven (7) experts in international commercial arbitration, who will be elected from among the members of the OHADAC Congress.

2. The Arbitral Council shall appoint a chairman, two vice-chairmen and a secretary from among its members.

3. The members of the Arbitral Council of the CCA, including the chairman, the vice-chairmen and the secretary, shall be appointed for a term of three (3) years and their term of office may be renewed only once.

4. Any vacant seats shall be filled, during the remaining portion of the term, in accordance with an appointment by the Arbitral Council.

5. The resolutions of the Council shall be adopted by majority vote and, in the event of an equality of votes, the chairman shall have the casting vote.

Article 4

Caribbean Arbitration Congress

1. The Arbitral Council shall give an annual account of its administration to the Caribbean Arbitration Congress, which shall be convened by the CCA.

2. The Congress may propose to amend, as appropriate, the rules of Arbitration of the OHADAC, or the annexes thereto, and of these regulations. Such amendments shall be approved in accordance with the same procedure.

Article 5

Plenary sessions of the CCA

1. The Congress may convene the Center in plenary session by proceeding to elect arbitrators from Caribbean States having taken part in proceedings under the OHADAC Arbitration, or others of recognized prestige in the field . Such plenary sessions shall include the elected arbitrators and the members of the Council.

2. A plenary session shall be convened at least once a year, in connection with the meeting of the Congress, as well as upon notice given by the chairman.

3. The plenary session shall be presided over by the chairman or, in his absence, by a vice-chairman.

4. The plenary session shall be deemed to be validly convened when at least two thirds of its members are present.

5. Resolutions shall be passed in plenary session by majority vote and, in the event of an equality of votes, the chairman shall have the casting vote.

6. The plenary session may set up commissions in order to carry out studies or research or to organize activities.

Article 6

Secretariat of the CCA

1. The Secretariat of the CCA shall be headed by the secretary and shall exercise all of the powers conferred upon it by the OHADAC Rules of Arbitration and by the present Statute, under the supervision of the Center and of its chairman. It shall, in particular, ensure the management of the archives containing all of the documentation related to the arbitrations administered by the CCA and to any ad hoc arbitrations, within the framework of which the CCA has intervened as Appointing Authority.

2. The CCA shall determine the organizational structure of the Secretariat and shall approve its system of operation, its staff, and the salary of the employees working within it.

3. The staff of the Secretariat shall be appointed by the secretary.

Downloads

Draft statutes of the OHADAC Caribbean Centre for Arbitration and Conciliation.pdf