International Commercial Arbitration at Guinea
Here’s an overview of International Commercial Arbitration in Guinea:
International Commercial Arbitration in Guinea
1. Legal Framework:
Guinea is a party to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, having acceded in 1989.
Arbitration in Guinea is primarily governed by the OHADA Uniform Act on Arbitration (1999). Guinea is a member of OHADA (Organisation pour l'Harmonisation en Afrique du Droit des Affaires), a regional organization harmonizing business laws across 17 African countries.
The OHADA Arbitration Act applies to both domestic and international commercial arbitration.
2. Arbitration Institutions:
Guinea does not have a national arbitration institution but parties commonly use ad hoc arbitration or the OHADA Common Court of Justice and Arbitration (CCJA), located in Abidjan, Ivory Coast, which serves as the regional arbitration body.
Parties may also opt for international institutions like ICC or UNCITRAL.
3. Arbitration Procedure:
Arbitration agreements must be in writing.
Parties have the freedom to choose arbitrators; if none appointed, the CCJA or courts may appoint.
Arbitration under OHADA is flexible, confidential, and designed for efficiency.
The CCJA supervises arbitration and can serve as an appellate body for arbitral awards.
4. Enforcement of Arbitral Awards:
Awards rendered in Guinea or by OHADA arbitrators are enforceable through Guinean courts.
Foreign arbitral awards are enforceable under the New York Convention framework.
The OHADA system offers a streamlined procedure for enforcement across member states.
5. Practical Considerations:
OHADA membership provides legal predictability and uniform rules across member states, including Guinea.
Arbitration clauses should clearly specify the seat, applicable rules (often OHADA Arbitration Act), and the appointing authority.
The regional framework helps overcome local procedural uncertainties and supports enforcement.
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