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Friday, Mar 1st 2024

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 38

The CCA as the institution administering the arbitration

1. Where the parties have expressly requested, in the arbitration clause or the arbitration agreement, that the arbitration be administered by the CCA, regardless of whether such provision was made prior to or following the conclusion of the contract, the CCA shall act both as appointing authority and as institution administering the procedure.

2. As an institution administering arbitration for the purpose of resolving disputes brought before it, the Center shall perform its functions through arbitral tribunals consisting of one or three arbitrators, in accordance with the stipulations of articles 6 to 10 of the present rules.

Article 39

Functions of the Secretariat

1. Where the CCA administers the arbitration process, all notifications made pursuant to articles 3 and 4 of the present rules shall also be sent to the Secretariat.

2. The Secretariat shall monitor the dies ad quem and the periods of time for the procedure, communicating any new circumstance to the arbitral tribunal or alerting the said tribunal to the expiry of the prescribed periods.

3. The Secretariat may grant, where applicable, an extension of the time limit for rendering the award, should the arbitral tribunal make such a request.

Article 40

Functions of the Center

Where arbitration is administered by an institution, it shall be the Center's responsibility to approve:

1. The Terms of Reference to be submitted by the arbitral tribunal.

2. The draft award, whose purpose shall be strictly limited to rendering a decision on the formal or legal aspects of the dispute, in accordance with any peremptory rules applicable in the place of arbitration.

3. Any correction, clarification or modification of the award.

4. Failing any choice by the parties, the determination of the place or language of the arbitration, after hearing the parties with regard to such determination.

5. Failing any choice by the parties, the appointment of the sole arbitrator or a co-arbitrator, and the appointment of the third arbitrator acting as presiding arbitrator of the arbitral tribunal.

6. The appointment of an emergency arbitrator, where requested by one party or by both parties.

7. The determination of the costs of arbitration, the amount of the advance on costs, and the fees of the arbitrators.

Article 41

Emergency arbitrator

1. Any party that needs urgent interim or precautionary measures that cannot await the constitution of an arbitral tribunal may make an application to the Center for the appointment of an emergency arbitrator.

2. The emergency arbitrator shall be appointed by the president of the CCA, or in the event of the temporary absence of the president, by the Secretary within 72 hours from the request, if having assessed the arguments submitted by the party or parties, such appointment appears necessary.

3. The role of the emergency arbitrator shall be limited to determining the receivability of the requested precautionary measures, adopting such measures, if deemed appropriate, and adopting on its own initiative any other measure which the arbitrator may deem relevant.

4. The emergency arbitrator's decision shall take the form of an order.

5. The emergency arbitrator's fees shall be fixed by the Center, in accordance with the schedule of costs.

6. The requirements applicable to the request for arbitration shall apply to any request for an emergency arbitrator, stating in addition the reasons for such emergency request, and paying a sum amounting to three times the advance on the administrative costs of arbitration, i.e. six thousand United States dollars (US$6,000).



OHADAC draft rules of arbitration and conciliation.pdf