International Commercial Arbitration at Comoros
International commercial arbitration in the Union of the Comoros is governed by a combination of domestic legal frameworks and regional agreements.
🇰🇲 Legal Framework for Arbitration in Comoros
1. OHADA Arbitration Act
Comoros is a member of the Organization for the Harmonization of Business Law in Africa (OHADA), which includes 17 countries across West and Central Africa. As part of OHADA, Comoros adheres to the OHADA Uniform Act on Arbitration, which establishes a unified legal framework for arbitration within member states. This act allows for both institutional and ad hoc arbitration, providing parties with the flexibility to choose their preferred method of dispute resolution.
2. New York Convention
Comoros is a signatory to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. This international treaty obligates courts in contracting states to recognize and enforce arbitral awards made in other contracting states, subject to specific limited exceptions. The convention facilitates the international enforceability of arbitral awards, enhancing the credibility and attractiveness of arbitration as a dispute resolution mechanism in Comoros.
⚖️ Recent Developments in Arbitration
In April 2025, Comoros faced its first-ever investor-state arbitration claim. A UAE-based construction company initiated proceedings under the International Centre for Settlement of Investment Disputes (ICSID), alleging expropriation and unfair treatment by the Comorian government. The dispute centers around investments made in the late 2000s and early 2010s, with the investor invoking protections under the 2015 Comoros-UAE bilateral investment treaty.
🧭 Practical Considerations for International Arbitration in Comoros
Language and Legal Culture: Arbitration proceedings in Comoros are typically conducted in French, reflecting the country's legal traditions.
Confidentiality: Comorian law mandates confidentiality in arbitral proceedings, encompassing all related documents and meetings, unless all parties agree otherwise.
Arbitral Institutions: While Comoros does not host a dedicated arbitral institution, parties can choose to arbitrate under the OHADA framework or select institutions such as the International Chamber of Commerce (ICC) or the Cairo Regional Centre for International Commercial Arbitration (CRCICA).
🏛️ Enforcement of Arbitral Awards
The enforceability of foreign arbitral awards in Comoros is supported by its adherence to the New York Convention. This international treaty facilitates the recognition and enforcement of arbitral awards across contracting states, providing a robust mechanism for the international enforcement of awards rendered in Comoros.
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