International Commercial Arbitration at Chad
Here’s a brief overview of International Commercial Arbitration in Chad:
International Commercial Arbitration in Chad
Legal Framework:
Chad is a member of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958), which facilitates the recognition and enforcement of arbitration agreements and awards across borders.
Chad's domestic arbitration law is influenced by the OHADA Uniform Act on Arbitration, since Chad is a member of OHADA (Organization for the Harmonization of Business Law in Africa).
The OHADA Arbitration Act provides a comprehensive framework for arbitration procedures, including the appointment of arbitrators, conduct of arbitration, and enforcement of awards.
Key Features:
Arbitration agreements are generally recognized and enforced under Chad’s laws.
Arbitration can be conducted either under institutional rules (such as ICC, UNCITRAL, or other international institutions) or ad hoc arbitration.
Courts in Chad tend to support arbitration and generally have limited intervention in arbitral proceedings, respecting the autonomy of parties.
Enforcement of arbitral awards in Chad is facilitated through the courts, which can refuse enforcement only on limited grounds (public policy, invalid arbitration agreement, due process issues).
Practical Considerations:
Chad’s legal environment for arbitration is still developing but benefits from OHADA's uniform arbitration rules.
Foreign investors and parties doing business in Chad prefer arbitration due to its relative neutrality, confidentiality, and enforceability.
There might be challenges related to local court expertise and infrastructure, but international arbitration institutions can provide procedural robustness.
If you want, I can provide more details on:
How to initiate arbitration in Chad.
Key institutions used by parties in Chad.
Case law or examples of arbitration in Chad.
Comparison of Chad’s arbitration laws with other OHADA members.
RELATED Blog
0 comments