International Commercial Arbitration at Togo
Here’s an overview of International Commercial Arbitration in Togo:
1. Legal Framework
Togo’s arbitration regime is largely based on the OHADA Uniform Act on Arbitration (2017).
OHADA (Organisation pour l’Harmonisation en Afrique du Droit des Affaires) is a regional organization harmonizing business laws among its 17 member states in Africa, including Togo.
The OHADA Uniform Act on Arbitration governs both domestic and international commercial arbitration in Togo.
Togo is also a party to the 1958 New York Convention, which facilitates recognition and enforcement of foreign arbitral awards.
2. Arbitration Institutions
There is no widely known independent national arbitration institution in Togo.
Arbitration under OHADA is often ad hoc, but parties may choose arbitration administered by:
CCJA (Common Court of Justice and Arbitration) in Abidjan, Côte d’Ivoire — the regional arbitral institution for OHADA member states.
Other international arbitration bodies like ICC or LCIA can also be used, depending on the parties’ agreement.
3. Key Features
Party Autonomy: Parties can freely agree on procedural rules, arbitrators, and seat of arbitration within or outside Togo.
Regional Legal Uniformity: OHADA arbitration rules apply uniformly across Togo and other member states, providing consistency.
Recognition and Enforcement: Foreign and domestic arbitral awards are enforceable in Togo under the New York Convention and OHADA laws.
Limited Court Intervention: Togo’s courts generally support arbitration and provide limited supervisory roles.
4. Arbitral Procedure
Arbitration agreements must be in writing.
If parties have not agreed on arbitrators or procedures, the OHADA Uniform Act provides default rules.
The CCJA or other institutions assist with arbitrator appointments and procedural oversight if agreed.
Awards are final and binding, subject to limited grounds for challenge based on OHADA rules.
5. Enforcement of Awards
Awards can be enforced in Togo through local courts under OHADA and New York Convention provisions.
Grounds for refusal of enforcement are narrowly construed, including procedural irregularities or conflict with public policy.
Summary
Togo’s arbitration framework benefits from the harmonized OHADA system, offering predictable and internationally aligned arbitration rules.
The CCJA is the primary regional arbitration institution serving Togo and OHADA states.
Enforcement of arbitral awards is generally smooth thanks to Togo’s adherence to the New York Convention.
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