Ọya Article//Jan 31, 2021
The Republic of Benin is a member of the Organisation for the Harmonisation of Business Law in Africa (“OHADA”). OHADA provides for a uniform system of business law directly applicable in its Member States through “Uniform Acts”. Uniform Acts are sets of material rules adopted to regulate a specific legal field which are designed to apply in all OHADA States once they have been adopted by the Council of Ministers of OHADA. There are currently ten (10) Uniform Acts, all largely inspired by French law, covering matters such as corporate law, securities, bankruptcy, arbitration and mediation.
Ad hoc arbitration in the Republic of Benin is governed by the Uniform Act on Arbitration (“UAA”) (which shall be applicable to any arbitration when the seat of the arbitral tribunal is located in one of the Member States) and the Beninese Code of Civil, Commercial, Social, Administrative and Accounts Procedure (“CCCSAAP”).
Ad hoc arbitration is governed by the rules on which the parties have agreed and the mandatory provisions of the UAA and CCCSAAP.
Where parties choose institutional arbitration, they may select the following:
• the arbitration rules of the Common Court of Justice and Arbitration (“CCJA Arbitration Rules”), located in Abidjan, Ivory Coast. Pursuant to an arbitration clause (“clause compromissoire”) or an arbitration agreement (“compromis d’arbitrage”), any party to a contract either whether one of the parties is domiciled or is habitually resident in one of the States Parties, or whether the contract is executed or to be performed in all or part of the territory of one or more States Parties, may submit a contractual dispute to CCJA Arbitration Rules. For the sake of completeness, reference will be made where applicable and/or relevant to the position under the CCJA Arbitration Rules;
• the Centre of Arbitration, Mediation and Conciliation of the Chamber of Commerce and Industry of Benin (“CAMeC”), located in Cotonou. The CAMeC Arbitration Rules are designed to comply with the UAA rules and in case of contradiction, the UAA rules prevail.; or
• any other institutional arbitration rules on which the parties may agree.
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