OHADA / CAMEROON / Seminar on practice of arbitration and mediaton by legal professionals in the light of the new OHADA texts adopted in 2017, 14th, 15th and 16th June 2018

• 01/02/2018
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• 3 commentaires

This seminar is organized by the Cameroon Bar Association, accompanied by the International conference of Bars of Common Legal Tradition, the Bar Conference of OHADA members, and with the financial support of the French Embassy in Cameroon.

The working languages of the seminar shall be English and French.

I- CONTEXT AND JUSTIFICATION

On December 15th 2017, OHADA's official gazette published three new texts that were adopted by the Council of Ministers on November 23rd 2017 on Alternative dispute resolution. These are: The Uniform Act on Mediation, The Revised Uniform Act on the Law of Arbitration, The Rules of Arbitration of the Revised Common Court of Justice and Arbitration.

The Revised Uniform Act on the Law of arbitration is the common law of arbitration for all OHADA member states. It lays down the principles of the Law of Arbitration, regulates the different stages of the proceedings, lays down the conditions for the recognition and enforcement of awards: actions for annulment, applications for review and third party objections.

This new Uniform Act seeks to enhance the transparency, speed and efficiency of arbitral proceedings in OHADA member states.

It should be emphasized that the arbitration organized by the Uniform act coexists in the OHADA system, with the specific institutional arbitration as practiced in the CCJA, and is the subject of the new Rules of Arbitration of the 23rd November 2017.

The revised Rules of Arbitration of the Common Court of Justice and Arbitration (CCJA) aims at strengthening the independence and competitiveness of the Arbitration Centre of the CCJA through a better alignment of the rules and regulations of the Uniform Act on the Arbitration Law and on the best International practices, while respecting the specific contexts of the OHADA member states.

Equally adopted on the 23rd November 2017, the Uniform Act on Mediation (AUM) is the tenth Uniform text law adopted by OHADA.

Hitherto, mediation did not have any well-defined legal framework. This new text remedies the legislative gap that existed in most of the OHADA member states on mediation; which is an amicable manner in settling disputes.

Inspired by the UNCITRAL model-law on International Commercial Conciliation, the Uniform Act on Mediation adopts a broad definition of mediation conceived as « any process, whatever its name, in which the parties request a third party to help them reach an amicable settlement of a dispute, a conflicting relationship or a disagreement involving [...] natural persons or legal entities, as well as public entities or states. »

The text also regulates the mediation procedure and sets forth the guiding principles of mediation: respect of the will of the parties, moral integrity, independence and impartiality of the mediator, confidentiality and efficiency of the mediation process. Important provisions are also devoted to the execution of the mediation agreement.

In accordance with article 9 of the OHADA treaty and the final provisions of these new texts, the latter will be enforceable or operational 90 days after; that is, on March 2018.

The body of laws on alternative Dispute Resolution is thus substantially reformed and the judicial actors, including lawyers should be abreast with these new texts in their different nuances and subtleties in order to be better equipped to advise their clients and thus contribute in the improvement of the business environment.

II- OBJECTIVES OF THE WORKSHOP

A- GENERAL OBJECTIVES

Three months after the entry into force of the new OHADA texts relating to alternative and amicable ways of settling disputes, the present training aims at:

• Strengthening the capacities of current and potential actors, and especially to encourage the practice of these non-judicial methods of dispute settlement.
• Improving the participation of lawyers and other legal professionals in the arbitration process.

B - SPECIFIC OBJECTIVES

• To have a knowledge in the innovations in arbitration in the OHADA zone, and particularly Cameroon.
• To understand the legal regime of the mediation process.
• To distinguish between the different technics in solving disputes
• To be knowledgeable about the issues arising in the distinction between the non-judicial methods of dispute settlement.
• To know the importance of an arbitration agreement.
• To get acquainted to the different rules applicable in matters of arbitration.
• Distinguish between CCJA arbitration and Uniform Act arbitration
• Identify the areas that could be subject to arbitration.
• To have a knowledge of the specific procedure relating to each type of arbitration and the mediation process.
• To identify the different stages of arbitration.
• To identify the powers, rights and duties of the arbitrator, the parties and their counsel.
• To bring out the difference between institutional and adhoc arbitration.
• To be abreast with the various difficulties relating to the arbitration procedure.
• To be informed on the different applicable rules on mediation.
• To identify the subjects that could be brought for mediation.
• To identify the different existing methods of mediation.
• To know the specific procedure for each type of mediation.
• To define the powers, rights and duties of a mediator, the parties and their counsel.

III- EXPECTED RESULTS

At the end of the training, the participants must be able to:

• Have a practical knowledge of arbitration and mediation.
• Distinguish OHADA arbitration and mediation from the other methods of dispute resolution.
• Draft arbitration and mediation clauses
• Know the advantages of arbitration and mediation.
• Know the different possible remedies against arbitral awards and mediation agreements
• Know when to appeal for a supporting judge
• Identify the competent judge to render exequatur decisions

IV- PLACE AND DATE

The training shall take place in either DOUALA, or BUEA, or LIMBE in the first forth night of June 2018 (14th, 15th &16th)

V- TARGET

• Lawyers
• Magistrates
• Notaries public
• Bailiffs
• In-house corporate lawyers
• Economic operators

VI- CONTACTS

For further information, please contact Mr Sylvain SOUOP, sylsouopfr@yahoo.fr or Mr Barnabé NEKUIE, aldonekuie@yahoo.fr