International Commercial Arbitration at Ivory Coast
Sure! Here's an overview of International Commercial Arbitration in Ivory Coast (Côte d'Ivoire):
📘 Legal Framework
National Law:
Ivory Coast follows the OHADA Uniform Act on Arbitration. OHADA (Organization for the Harmonization of Business Law in Africa) provides a common legal framework adopted by 17 West and Central African countries, including Ivory Coast.
The OHADA Uniform Act on Arbitration (adopted in 1999, revised in 2017) governs arbitration procedures, enforcement, and recognition of arbitral awards in Ivory Coast.
This act applies to both domestic and international commercial arbitrations.
International Treaties:
Ivory Coast is a signatory to the New York Convention (1958), which facilitates recognition and enforcement of foreign arbitral awards.
OHADA member states also cooperate on the enforcement of awards within the OHADA zone.
🏛️ Arbitration Institutions
Abidjan Chamber of Commerce Arbitration Center (CCI-Abidjan):
The main arbitration institution in Ivory Coast.
Administers arbitration under OHADA rules and its own procedural rules.
Other regional arbitration institutions affiliated with OHADA or specialized for certain sectors.
⚖️ Key Features of Arbitration in Ivory Coast
OHADA Uniform Act:
Strong focus on party autonomy: parties can freely choose arbitrators, place, and language of arbitration.
Flexibility in procedures but with guaranteed due process rights.
Limits on judicial intervention, mainly to support arbitration (e.g., enforcement of interim measures).
Enforcement:
Arbitral awards are recognized and enforced by local courts if they comply with OHADA and international standards.
Limited grounds for refusal of enforcement (public policy, improper constitution of tribunal, etc.).
Interim Measures:
Courts and arbitrators can grant interim or conservatory measures.
🛡️ Advantages of Arbitration in Ivory Coast
Uniform, modern arbitration framework under OHADA law.
Strong regional cooperation within OHADA enhancing enforceability.
The legal environment is improving with increasing foreign investment, particularly in sectors like infrastructure, oil and gas, and telecommunications.
Recognition of New York Convention ensures wider international acceptance.
✅ Practical Tips
Include clear arbitration clauses referencing OHADA arbitration rules or specify an institution like CCI-Abidjan.
Choose seat of arbitration carefully; Ivory Coast is often chosen for disputes involving West Africa.
Use experienced local counsel familiar with OHADA law and regional arbitration practices.
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