International Commercial Arbitration at Mauritania
Here’s an overview of International Commercial Arbitration in Mauritania:
1. Legal Framework
Mauritania’s legal system is largely based on French civil law, but it has limited specific domestic legislation on arbitration.
There is no comprehensive, modern arbitration law exclusively dedicated to international commercial arbitration.
Arbitration is governed primarily by general civil procedure codes, which are often outdated and less suited for international commercial disputes.
2. International Treaties and Conventions
New York Convention (1958)
Mauritania is a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards since 2011. This allows foreign arbitral awards to be recognized and enforced in Mauritania, subject to local courts’ interpretation.
Mauritania is also a member of the Organization for the Harmonization of Business Law in Africa (OHADA), which promotes uniform commercial laws including arbitration rules for its member states.
3. Arbitration Institutions
Mauritania does not have a prominent local arbitration center or institution.
For international disputes involving Mauritanian parties, arbitration is commonly conducted under rules of established institutions like:
International Chamber of Commerce (ICC)
Cairo Regional Centre for International Commercial Arbitration (CRCICA)
London Court of International Arbitration (LCIA)
4. Enforceability and Court Support
Courts in Mauritania generally respect arbitration agreements and arbitral awards, especially those under the New York Convention.
However, enforcement can face challenges such as:
Delays or lack of familiarity with arbitration procedures by local courts.
Occasional invocation of public policy exceptions to refuse enforcement.
Limited judicial experience with complex arbitration matters.
5. Practical Considerations
Parties often choose a neutral seat of arbitration outside Mauritania (e.g., Paris, London, Dubai) to avoid potential enforcement uncertainties.
Arbitration clauses in contracts should clearly specify applicable rules and the seat to minimize risks.
Engaging local legal counsel familiar with Mauritanian law and international arbitration is advisable.
6. Outlook
With Mauritania’s membership in the New York Convention and OHADA, the country is gradually aligning with international arbitration standards.
Continued legal reforms are expected to improve arbitration practice and enforcement.
Investors and businesses often prefer arbitration for dispute resolution due to the lack of efficient court alternatives.
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