International Commercial Arbitration at Gabon
Here’s a concise overview of International Commercial Arbitration in Gabon:
International Commercial Arbitration in Gabon
1. Legal Framework
Gabon’s arbitration law is influenced by the OHADA Uniform Act on Arbitration.
Gabon is a member of OHADA (Organisation pour l’Harmonisation en Afrique du Droit des Affaires), a regional organization that harmonizes business laws across 17 African countries.
The OHADA Uniform Act on Arbitration (adopted in 1999) governs arbitration procedures in Gabon and other OHADA member states, providing a comprehensive and modern legal framework.
Gabon is a signatory to the New York Convention (1958), allowing enforcement of foreign arbitral awards.
2. OHADA Arbitration Features
Arbitration under OHADA is flexible and party-driven, emphasizing minimal court intervention.
The law applies to both domestic and international commercial arbitration.
It allows parties to choose the place (seat) of arbitration, the number of arbitrators, and the applicable rules.
The OHADA framework provides for limited grounds to challenge or annul arbitral awards, which enhances finality and enforceability.
3. Arbitration Institutions
Gabon itself does not have a well-known national arbitration center, but parties often refer disputes to:
OHADA Common Court of Justice and Arbitration (CCJA) in Abidjan, Côte d'Ivoire, which serves as the final appellate court for OHADA arbitration decisions.
International institutions like ICC, LCIA, or ad hoc arbitrations.
4. Role of Courts
Gabonese courts have a limited supervisory role, mainly:
Enforcing arbitration agreements,
Assisting in arbitrator appointments,
Recognizing and enforcing arbitral awards.
Courts avoid interfering in arbitration proceedings unless strictly necessary.
5. Advantages of Arbitration in Gabon
A modern legal framework harmonized with other African economies under OHADA.
Strong support for enforcement of international arbitral awards due to New York Convention membership.
Confidentiality and efficiency compared to court litigation.
Access to experienced arbitrators familiar with commercial and investment disputes in Africa.
6. Strategic Importance
Gabon is an important economy in Central Africa, especially in oil and mining sectors.
Arbitration is a preferred dispute resolution mechanism in cross-border investments and commercial contracts involving Gabon.
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