Duties and Composition of the Arbitration Tribunal

Question 1

What are the duties of the arbitration tribunal?

Answer 1

They are required to:
- Act fairly and impartially.
- Adopt procedures that fit the case at hand.
- Pass a fair and unbiased arbitration award.

Question 2

What are the duties of the arbitration tribunal?

Answer 2

They are required to:
- Act fairly and impartially.
- Adopt procedures that fit the case at hand.
- Pass a fair and unbiased arbitration award.

Question 3

Which articles of the OHADA uniform act provide for the composition of the arbitration court?

Answer 3

Article 5 and Article 6

Question 4

What does Article 5 of the OHADA uniform act provide for?

Answer 4

It states that the arbitration court shall be composed of 3 arbitrators, with each party choosing a single arbitrator and the third arbitrator(umpire) being chosen by both parties.

Question 5

What does Article 6 of the OHADA uniform act provide for?

Answer 5

It states that all arbitrators must be appointed in writing and if one of the parties fails to appoint an arbitrator 1 month after he is asked to do so, the other party will be allowed to choose 2 arbitrators.

Question 6

When can the court intervene in the process of arbitration?

Answer 6

The court can intervene in the arbitration process for the following reasons:
- To appoint arbitrators if both parties fail to do so
- To terminate the mandate of an arbitrator if proven to be biased.
- To make an arbitration award legally binding through exequatur.
- To compel witnesses to appear before the arbitration tribunal
- To make sure evidence is presented before the arbitration tribunal
- To set aside an arbitration award.