Arbitration

Arbitration
About

Arbitration

Arbitration is a judicial method of dispute settlement whereby the parties contractually entrust one or more private individuals, called arbitrators, with the examination of their disputes. The procedure results in a final award, which is binding on the parties and can only be appealed under strict conditions defined by law.

Arbitration under the aegis of the Centre d’Arbitrage de Médiation et de Conciliation de Ouagadougou is governed by a set of Arbitration Rules, in line with international standards and modern trends in arbitration law. It provides the business community with high-quality, flexible, rapid and efficient arbitration.

Procedures last between forty-five (45) days and six (06) months, with the possibility of implementing special procedures, at the request of companies, to meet their specific and urgent needs.

Various arbitration procedures are therefore available to the parties, ranging from the ordinary procedure to the accelerated procedure, including the summary arbitration procedure and the special procedure for the recovery of certain claims.

Arbitration

The Benefits

Speed
The average duration of the ordinary procedure is three (03) months, with a decision, the award, which can only be appealed under well-defined conditions.
Confidentiality
CAMC-O arbitration procedures are strictly confidential. Hearings and meetings are held behind closed doors to ensure that the existence of a specific dispute is not disclosed.
Flexibility of the Procedure
The parties can choose the procedures that suit them within the framework of the arbitral process, as well as the place and language of arbitration, and the law applicable to their arbitration procedure.
Freedom to Choose the Arbitrator(s)
The choice of arbitrator is not subject to any particular restrictions. The arbitrator can be Burkinabè or of any other nationality. However, they must be and remain independent and impartial towards the parties. To this end, CAMC-O provides the parties with a list of competent and qualified arbitrators, approved by it, who can be appointed according to the specificity of the dispute and the choice of the parties.
Scope of the Award
The arbitration procedure ends with the rendering, by the arbitral tribunal, of an enforceable judicial decision called an arbitral award, whose effects are equivalent to those of a judgment rendered by the judicial authority, once it is given exequatur.
Process

CAMC-O Arbitration Procedure

The arbitration procedure is governed by rules drawn up by CAMCO. These rules set out the various stages of the procedure, the procedures for selecting arbitrators, the rules of evidence, etc. The procedure can be oral or written, depending on the wishes of the parties. It can also be carried out in parallel with ongoing legal proceedings.

Referral
Referral modalities according to legal or contractual provisions
Arbitrator's Position
Independence, impartiality, availability, skills, and professionalism
Conduct
Different stages: presentation, pleadings and debates, decision
Notification of Decision
Notification and execution modalities

Detailed Arbitration Procedure

  • Referral to the Centre at the request of one of the parties.
    The request contains the following elements:
    • full identification of the applicant
    • description of the nature and circumstances of the dispute
    • indication of the purpose of the claim and, if possible, the amount(s) claimed
    • information on the number of arbitrators and their choice, the place, the applicable rule(s) of law and the language of the arbitration.
  • The defendant’s response to the request for arbitration
    It shows the following elements:
    • Complete identification of the defendant,
    • Its observations on the nature and circumstances of the dispute,
    • Its position on the decisions requested,
    • Choice and number of referees,
    • Place and language of arbitration, applicable law
    • Counterclaim, if any.
  • Appointment of arbitrator(s)
    The Tribunal comprises one (01) or three (03) arbitrators
    • The parties agree to this,
    • Failing agreement between the parties, the Technical Committee will decide.
    • Signing of a declaration of independence and availability.
  • Confirmation of referees by the Technical Committee
  • Transmission of the file to the arbitral tribunal
    • The first hearing is held and the mission statement is signed,
    • Production of briefs, examination of the case and closure of debates,
    • Draft award to be submitted to the Technical Committee.
  • Examination of the draft award by the Technical Committee
  • Drawing up the arbitral award

The award is rendered within six (06) months of the date of signature of the Terms of Reference by the parties, for the ordinary procedure.

Arbitration is a conventional dispute settlement procedure. The parties must therefore agree on recourse to arbitration at CAMC-O :

  • Before the dispute arose

The contract signed between the parties must contain an arbitration clause . This clause is an act by which the parties to a contract agree to submit to arbitration any dispute relating to that contract. To avoid any implementation difficulties, CAMC-O provides you with model arbitration clauses.

We also assist companies, organizations and professional groups of companies in the drafting of their clauses, for those who require it, in order to provide them with close support and advice(Contact us).

  • After the dispute has arisen

In this case, the parties submit an arbitration agreement to the CAMC-O, expressing their joint intention to submit to arbitration a dispute that has already begun and for which no arbitration clause has been provided.

The parties may agree to appoint an Arbitral Tribunal comprising one or three arbitrators. Failing agreement, the Technical Committee, in accordance with the CAMC-O arbitration rules, determines the number of arbitrators.

Arbitrators are appointed by the parties or, failing agreement, by the Technical Committee. If the arbitral tribunal has three arbitrators, each party nominates an arbitrator, and the two arbitrators so nominated then choose the chairman of the arbitral tribunal. Failing agreement by the said arbitrators, the Chairman may be appointed by the Arbitration Committee.

The CAMC-O sets the advance on costs and fees for the proceedings in accordance with the current schedule. The parties are then invited to pay the advance on fees requested by CAMC-O, in order to initiate the procedure.

As soon as the file is transmitted to the Arbitral Tribunal, it convenes the first hearing, during which the Terms of Reference, which define the scope of the arbitration, are drawn up. It specifies the issues to be decided by the arbitral tribunal. Rules of procedure and arbitration timetable. The Terms of Reference are signed by the parties and the Arbitral Tribunal.

The timetable and number of pleadings and hearings are set by the Arbitral Tribunal in agreement with the parties. After exchanging briefs and holding the hearing, the court closes the proceedings. There are two main hearings in an arbitration procedure: the hearing to draw up the Terms of Reference and the hearing for the closing arguments.

The award is the decision by which the arbitrators settle the disputed issues submitted to them by the parties. It has the force of res judicata and can be enforced by compulsory execution, once it has been granted exequatur. It is not subject to appeal. It can only be challenged by an action for annulment, under a limited number of conditions.

Consult the CAMC-O Arbitration Rules

Arbitration

Resources & Documentation

Modèle de demande d’arbitrage

Modèle de clauses compromissoires

Compromis d’arbitrage

Formulaire de demande spécifique de recouvrement de créance

Barème des frais en arbitrage

Règlement d’arbitrage

Code d’éthique des Arbitres et Médiateurs

Procédure de recouvrement accéléré de créances

Règlement de référé pré arbitral

Textes de procédures

Arbitrage

Submit to CAMC-O

To refer a dispute to CAMC-O for arbitration, simply complete and submit an arbitration application online or by sending a paper form by post. You can also contact the center by telephone or by visiting its offices. The request must be accompanied by the necessary documents and comply with the deadlines set out in the arbitration rules.

Procedure Costs

The costs of arbitration proceedings at CAMC-O include the arbitrators’ fees, the costs of managing the proceedings and any other costs.

These fees are calculated on the basis of the financial implications of the case, in accordance with the scale in force. They may be settled by the parties in the manner specified in the CAMC-O arbitration rules.

About CAMC-O

CAMC-O offers domestic economic operators and foreign investors an appropriate framework for settling their disputes, while preserving the integrity of their business relationships.

Contacts
E-mail: info@camco.bf
Address : 96, Avenue De Lyon
11 BP 275 Ouagadougou 11