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Tuesday, Oct 3rd 2023

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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Article 6

Number of arbitrators

If the parties have not previously agreed on the number of arbitrators (i.e. one or three), and if within 15 days from the receipt by the respondent of the notice of arbitration the parties have not agreed that there shall be only one arbitrator, three arbitrators shall be appointed.

Article 7

Appointment of arbitrators

1. If three arbitrators are to be appointed, each party shall appoint one arbitrator within ten (10) days. The two arbitrators thus appointed shall choose the third arbitrator, who will act as presiding arbitrator of the arbitral tribunal.

2. If a sole arbitrator is to be appointed, such arbitrator shall be appointed by agreement of the parties. Failing such agreement, the appointing authority shall exercise its discretion in appointing the sole arbitrator.

3. The appointing authority shall appoint the third arbitrator, or the sole arbitrator, by communicating to the parties an identical list containing at least three names. Within five days after the receipt of this list, each party shall return the list to the appointing authority after having deleted the name or names to which it objects, and numbered the remaining names on the list in the order of its preference.

4. The appointing authority shall appoint the sole arbitrator or the third arbitrator from among the names approved on the lists returned to it, and in accordance with the order of preference indicated by the parties, exercising its discretion if the appointment cannot be made according to this procedure;

5. Any nomination for an arbitrator shall include the arbitrator's forename and surname, nationality, address, occupation and legal qualifications supporting its appointment.

6. In any event, the appointing authority shall endeavor to appoint an independent and impartial arbitrator of a nationality different to the nationality of the parties.

Article 8

Independence and impartiality of arbitrators

1. The arbitrators nominated by the parties or, where applicable, by the appointing authority, shall either accept or reject their appointment within the prescribed period. By accepting to serve, arbitrators undertake to carry out their responsibilities within the required time frame, and to do so with absolute independence and impartiality.

2. Upon accepting appointment, each arbitrator shall make a statement of independence and impartiality, undertaking to disclose any facts or circumstances which might be of such nature as to call into question their impartiality or independence; the arbitrators shall especially disclose any direct or indirect ties of a personal, commercial or professional nature between the arbitrator and the other arbitrators, the parties, their legal representatives and attorneys.

3. Following the arbitrator's statement of independence and impartiality, the nominating party may reject its appointment, even where the other party did not recuse the said arbitrator.

4. If at any stage during the arbitration, circumstances arise which might be of such a nature as to call into question the arbitrator's independence and impartiality, the arbitrator shall immediately disclose such information to the parties and, where applicable, to the institution administering the arbitration.

Article 9

Challenge of arbitrators

1. An arbitrator may be challenged whenever circumstances exist that give rise to justifiable doubts as to the arbitrator's impartiality and independence.

2. The notice of challenge shall state in writing the alleged facts or circumstances, within 15 days from the nomination or, where applicable, of the appointment itself.

3. A party may challenge the arbitrator appointed by it only for reasons of which it becomes after the appointment has been made.

4. The notice of challenge shall be communicated to all other parties, to the arbitrator who is challenged and to the other members of the arbitral tribunal. If the appointing authority has appointed the challenged arbitrator, the appointing authority shall also be notified.

5. If the challenged arbitrator agrees to the challenge or negotiates a withdrawal agreement, the said arbitrator shall recuse himself. In neither case does this imply acceptance of the validity of the grounds for the challenge.

6. If all parties do not agree to the challenge or the challenged arbitrator does not withdraw, the dispute shall be resolved in any one of the following manners:

  1. By the other two arbitrators, where the arbitral tribunal has already been constituted.
  2. By the appointing authority, where the arbitral tribunal has not yet been constituted.
  3. By the arbitration council of the CCA, where the arbitrator has been appointed by the appointing authority.

Article 10

Replacement of arbitrators

1. If an arbitrator withdraws from his or her office, agrees to a challenge or dies, a substitute arbitrator shall be appointed.

2. The substitute arbitrator shall be appointed pursuant to the procedure provided for in article 7.

3. If the sole arbitrator, or the arbitrator presiding the arbitral tribunal, is to be substituted, any hearing previously held shall be repeated. If another arbitrator is to be substituted, the arbitral tribunal shall hear the parties and, at its discretion, shall decide whether to resume the arbitration at the stage where the arbitrator who was replaced ceased to perform his or her functions, or to repeat any hearing previously held.



OHADAC draft rules of arbitration and conciliation.pdf