International Commercial Arbitration at Madagascar
Certainly! Here’s a clear overview of International Commercial Arbitration in Madagascar:
International Commercial Arbitration in Madagascar
Legal Framework
Madagascar’s arbitration law is primarily governed by the OHADA Uniform Act on Arbitration since Madagascar is a member of OHADA (Organization for the Harmonization of Business Law in Africa).
The OHADA Uniform Act is a comprehensive and modern arbitration statute that applies to member states and is inspired by the UNCITRAL Model Law.
Madagascar is also a party to the New York Convention (1958), facilitating the recognition and enforcement of foreign arbitral awards.
Key Features
| Aspect | Details |
|---|---|
| Governing Law | OHADA Uniform Act on Arbitration |
| Applicability | Applies to both domestic and international arbitration |
| Arbitration Agreement | Must be in writing, as per OHADA requirements |
| Number of Arbitrators | Usually one or three, per parties’ agreement or default rules |
| Language | Parties may agree on the language of arbitration (French is common) |
| Court Intervention | Limited to support functions such as appointment of arbitrators, enforcement, and setting aside awards |
| Recognition & Enforcement | Supported by Madagascar’s ratification of the New York Convention |
Arbitration Institutions
Madagascar does not have a very developed local arbitration institution specializing in international commercial arbitration.
Parties often choose arbitration centers outside Madagascar such as:
International Chamber of Commerce (ICC)
OHADA Regional Arbitration Center
Other international arbitration bodies (e.g., SCC, LCIA)
Arbitration Procedure
Arbitration Clause
Parties must include an arbitration clause in their contract or a separate arbitration agreement.
Commencement
Arbitration is initiated by a notice of arbitration as per the arbitration agreement.
Arbitrator Appointment
Parties appoint arbitrators; if they fail, courts may intervene as per OHADA rules.
Proceedings
Flexible and party-driven; hearing and evidence rules are generally governed by the arbitration agreement or OHADA Uniform Act.
Arbitral Award
Final and binding; enforceable in Madagascar and abroad under the New York Convention.
Practical Considerations
Language: French is the official legal language and the most used in arbitration.
Judicial Support: Courts in Madagascar generally support arbitration by minimizing interference but can assist with enforcement or annulment requests.
Developing Market: International commercial arbitration is still emerging in Madagascar, so parties often prefer regional or international arbitration institutions.
Legal Counsel: It’s advisable to work with lawyers experienced in OHADA law and international arbitration.
Summary
Madagascar follows OHADA’s arbitration framework and the New York Convention for international commercial arbitration, providing a legal environment supportive of arbitration. Although local institutions are limited, parties can rely on OHADA rules and international arbitration centers to resolve disputes efficiently.
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