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Thursday, Jun 8th 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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OHADAC DRAFT RULES OF ARBITRATION AND CONCILIATION

Appendix 1

Model of OHADAC arbitration clause

OHADAC recommends that parties who wish to resort to arbitration pursuant to its ad-Hoc Arbitration Rules, or to arbitration administered by the Caribbean Center of Arbitration, include in their contracts one of the following model clauses.

1. For ad-hoc arbitration:

Any controversy, dispute or claim arising out of the existence, validity, interpretation, performance or compliance of the present contract, or out of any agreements resulting from, or relating to such contract shall be resolved through ad-hoc arbitration, in accordance with OHADAC arbitration rules:

  1. the number of arbitrators shall be [ ] (indicate: one or three);
  2. the appointing authority shall be[ ](indicate identity of person or name of institution);
  3. the place of arbitration shall be[ ] (indicate city and country);
  4. the language of arbitration shall be[ ](indicate language);
  5. the law applicable to the merits of the dispute shall be[ ](indicate law).

2. Arbitration administered by the Center:

Any controversy, dispute or claim arising out of the existence, validity, interpretation, performance or compliance of the present contract, or out of any agreements resulting from or relating to such contract shall be resolved through arbitration before the OHADAC Caribbean Court of Arbitration, in accordance with the OHADAC arbitration rules:

  1. the number of arbitrators shall be [ ] (indicate: one or three);
  2. the place of arbitration shall be [ ](indicate city and country);
  3. the language of arbitration shall be [ ] (indicate language);
  4. the law applicable to the merits of the dispute shall be [ ] (indicate law).

Downloads

EXPLANATORY NOTE.pdf

OHADAC draft rules of arbitration and conciliation.pdf