How Precedings are conducted before the arbitration tribunal and the Arbitration award

Question 1

How do proceedings before the arbitration court work?

Answer 1

The arbitration tribunal is required to do the following during proceedings:

• Provide sufficient time and equal opportunity for both parties to defend their case.
• Assign a deadline for the parties to settle their disputes, which shall not surpass 6 months.
• Ensure that the process is done privately and is not accessible to the public.

Question 2

What are the types of arbitration awards?

Answer 2

Damages, Delatration and others.

Question 3

What are damages?

Answer 3

It is when the debtor of an arbitration award is required to pay the creditor a sum of money.

Question 4

What is a declaration?

Answer 4

It is when a debtor has to make a declaration relating to matters determined during the arbitration process.

Question 5

What are the other types of arbitration awards?

Answer 5

• Injunctions (ending or stopping something)
• The order of a specific performance
• The rectification or termination of a document.

Question 6

What information is present in the arbitration award document?

Answer 6

• Names of arbitrators
• Location of where the arbitration process took place
• Names of parties involved
• Names of counsel if any
• Facts presented by the parties
• Arbitration decision

Question 7

Why is an arbitration award not legally binding?

Answer 7

This is because Article 30 of the OHADA Uniform Act states that it shall not be binding until it is co-signed by a court judge (exequatur).