An Introduction and an Evaluation of Arbitration in Ivory Coast

Aurélie Kalle

doi:10.5771/2363-6270-2015-2-225

Contents
- Chapter Expand | CollapseAuthorsPage
- 151–152 Titelei/Inhaltsverzeichnis 151–152
- 153–224 Abhandlungen • Articles • Articles 153–224
- 225–267 Berichte • Reports • Rapports 225–267
  - 225–247 An Introduction and an Evaluation of Arbitration in Ivory Coast Aurélie Kalle Aurélie Kalle 225–247
  - 248–255 Legal Aspects of Doing Business in Kenya – An Outline for German Companies Jörg Kleis Jörg Kleis 248–255
  - 256–263 Rapport-synthèse de la Conférence internationale de Lubumbashi sur l’efficacité et l’indépendance de la justice en République Démocratique du Congo, au Rwanda et au Burundi du 18 au 21 août 2015 Balingene Kahombo Balingene Kahombo 256–263
  - 264–267 Mitteilungen aus der Gesellschaft für afrikanisches Recht (2015) Harald Sippel Harald Sippel 264–267
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RiA Recht in Afrika | Law in Africa | Droit en Afrique , page 225 - 247

An Introduction and an Evaluation of Arbitration in Ivory Coast

Autoren

Aurélie Kalle

DOI
- doi.org/10.5771/2363-6270-2015-2-225
- ISSN: 1435-0963
- ISSN online: 2363-6270
Zusammenfassung

The paper deals with arbitration law in Ivory Coast and is mainly based on interviews with the most important authorities in this field. After a short introduction into the OHADA legal system the two main arbitration centres of Ivory Coast are presented. First, the paper treats the internationally known OHADA arbitration centre of the Common Court of Justice and Arbitration, hereinafter known as CCJA. It explains the bodies and the organisation of the CCJA, the arbitration procedure in detail, the enforcement of the arbitral award, the interim measures and the legal remedies against decisions of the CCJA. Second, the functioning of the Court of Arbitration of Côte d’Ivoire, hereinafter known as CACI, is explained. It is the second arbitration centre of Ivory Coast and it was created by the Ivorian Chamber of Industry and Commerce and settles mainly disputes between nationals. The analysis treats the same topics as mentioned for the CCJA centre, but is restricted to point out the differences or peculiarities of the CACI procedure, in order to prevent repetitions. Third, the paper analyses the advantages and disadvantages of the two arbitration centres and compares them to the proceedings of the Commercial Court of Abidjan. It avoids the comparison of yet well-known arguments such as confidentiality of arbitration proceedings or the parties’ free choice in regard to the place of arbitration and the language, etc. The work rather limits itself to concretely address the problems or the advantages of each dispute solution considering the latest developments in the judicial system. The purpose of the report is to give a practical introduction into the Ivorian arbitration law, in particular to foreign lawyers. It should provide them with solid theoretical knowledge of the different dispute solutions. With the help of concrete comparisons and explanations of the actual situation regarding the civil and commercial judicial system it should enable them to find the most suitable dispute solution for their clients.

Abstract

The paper deals with arbitration law in Ivory Coast and is mainly based on interviews with the most important authorities in this field. After a short introduction into the OHADA legal system the two main arbitration centres of Ivory Coast are presented. First, the paper treats the internationally known OHADA arbitration centre of the Common Court of Justice and Arbitration, hereinafter known as CCJA. It explains the bodies and the organisation of the CCJA, the arbitration procedure in detail, the enforcement of the arbitral award, the interim measures and the legal remedies against decisions of the CCJA. Second, the functioning of the Court of Arbitration of Côte d’Ivoire, hereinafter known as CACI, is explained. It is the second arbitration centre of Ivory Coast and it was created by the Ivorian Chamber of Industry and Commerce and settles mainly disputes between nationals. The analysis treats the same topics as mentioned for the CCJA centre, but is restricted to point out the differences or peculiarities of the CACI procedure, in order to prevent repetitions. Third, the paper analyses the advantages and disadvantages of the two arbitration centres and compares them to the proceedings of the Commercial Court of Abidjan. It avoids the comparison of yet well-known arguments such as confidentiality of arbitration proceedings or the parties’ free choice in regard to the place of arbitration and the language, etc. The work rather limits itself to concretely address the problems or the advantages of each dispute solution considering the latest developments in the judicial system. The purpose of the report is to give a practical introduction into the Ivorian arbitration law, in particular to foreign lawyers. It should provide them with solid theoretical knowledge of the different dispute solutions. With the help of concrete comparisons and explanations of the actual situation regarding the civil and commercial judicial system it should enable them to find the most suitable dispute solution for their clients.
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