Selection of consultants for the recrutement of a firm to conduct a study relating to the revision of the OHADA Uniform Act on Arbitration law together with commercial mediation and the rules of arbitration of the CCJA-OHADA
Call for expression of interest n°19/SP-OHADA/PACI/2015.
This call for expression of interest follows the General Procurement Notice of the project published in UNDB on-line paper form on 17 July 2013.
The Organization for the Harmonization of Business Law in Africa (OHADA) has received a grant from the International Development Association (IDA), and intends to use part of this grant to hire the services of a firm to conduct the study on the revision of the Uniform Act relating to arbitration law in connection with commercial mediation and the Arbitration Rules of the CCJA-OHADA.
The overall goal of the Consultants firm's mission is to do an assessment in view of the revision of the OHADA Uniform Act on Arbitration, in connection with commercial mediation, as well as the revision of the CCJA Arbitration Rules. The mission duration is 12 months.
The consultants firm shall:
- Assess the implementation, revise and update the OHADA Uniform Act on Arbitration Law and the Arbitration Rules of CCJA;
- Examine the current state of commercial mediation in member States (inventory of instruments in force, implementation difficulties, and lessons learned);
- Include commercial mediation in the revised Uniform Act on Arbitration or prepare a new Uniform Act on commercial mediation;
- Take into account international best practices in the instruments so revised and / or prepared;
- Propose a guide on arbitration and / or commercial mediation;
- Translate into English, Spanish and Portuguese the draft revised Uniform Act and / or the uniform act on commercial mediation and the new rules of mediation and arbitration of CCJA.
As part of its mission, the Consultant shall be expected to do the following:
- Carry out interviews with the main actors of OHADA member countries, namely, i) actors of national arbitration centers and those of the CCJA arbitration center, ii) the private sector, chambers of commerce and industry, investment promotion agencies, iii) banks and financial institutions, iv) representatives of employers' organizations, v) representatives of one or several training or research institutes, vi) State Judicial Officers or State Litigation Officials, vii) Lawyers specialized in business law, Association of African Business Law Firms, Viii) Judges officiating as supporting judges to arbitration, ix) professionals officiating as arbitrators at the CCJA or in national arbitration centers, etc.
- Analyze the mode of functioning of national and international arbitration centers with a management autonomy and lessons learned for the CCJA arbitration center;
- Make use of existing works on arbitration at national, regional and international levels (diagnostic reports, reviews and studies, submissions, conference proceedings etc.);
- Carry out literature review and benchmarking with international standards;
- Organize, in conjunction with the Permanent Secretariat, a debriefing meeting on its coordination mission with arbitration centers, the focal point bringing together all stakeholders to share the diagnosis, the solutions identified and proposals of action plan for updating the OHADA law.
The Project for the Improvement of Investment Climate in the OHADA space invites eligible consultants to indicate their interest in providing the services described above. Consultants Firms that are interested shall provide relevant information indicating that they are qualified to perform the services (brochures, proof of execution of similar contracts, experience in similar conditions, availability of appropriate skills among staff, etc.).
The criteria for short listing candidates:
- Being a consulting firm in legal expertise with at least 10 years of experience in business law;
- Have a proven experience of at least 10 years in arbitration in general;
- Have a proven experience of at least 10 years in commercial mediation;
- Have a proven experience of at least 10 years in OHADA arbitration law (Ad hoc arbitrations, national arbitration centers, CCJA-OHADA).
NB: It is not necessary to provide CVs of key staff at this stage of the selection.
Consultants are informed that the provisions of paragraph 1.9 of the “Guidelines: Selection and Employment of Consultants by World Bank Borrowers under the Loans and IDA Credits and Grants”, January 2011 (“Consultants Guidelines”) relating to the World Bank rules on conflict of interests shall apply. The Consultant shall provide information on commissions and bonuses eventually paid or to be paid to agents in relation to this proposal and the execution of contract if it is awarded to the Consultant, as requested in the Financial Proposal Form.
Consulting firms may associate to enhance their respective skills.
A consultant will be selected in accordance with Clause 3.6 of Section III of the Guidelines: Selection and Employment of Consultants by World Bank Borrowers, May 2004, as revised in October 2006 and January 2011.
Interested consultants may obtain further information at the address below during the following hours: from 9:00 am to 3:30 p.m. local time.
Expressions of interest shall be submitted at the address below no later than July 31st, 2015 at 2 pm local time and shall be labelled:
EXPRESSION OF INTEREST No.19/SP-OHADA/PACI/2015
Permanent Secretariat of OHADA
OHADA Building, quartier Hippodrome, opposite MINREX
P.O. Box 10071 Yaounde (Cameroon)
Tel.: + 237 222 21 09 05 - Fax: + 237 222 21 67 45
Email: paci@ohada.org; asmi.arbitrage@ohada.org
Yaounde, 10 July 2015
The Permanent Secretary
PACI Project Coordinator
Pr. Dorothée Cossi SOSSA