Draft Decree No. _2 0 0 2 / 2 9 9 of_ = 3 DEC. 2002 to appoint the authority responsible for appending the order for enforcement to judgments delivered by the Common Court of Justice and Arbitration of OHADA and to arbitral awards made pursuant to the arbitration rules of the said Court and the Uniform Act relating to arbitration law.
# THE PRESIDENT OF THE REPUBLIC,
Mindful of the Constitution;
Mindful of the Treaty on the Harmonization of Business Law in Africa;
Mindful of Article 46-1 the Rules of Procedure of the Common Court of Justice and Arbitration of OHADA;
Mindful of Article 31-1 of the Rules of Procedure of the Common Court of Justice and Arbitration of OHADA;
Mindful of Article 32 (1) of the Uniform Act relating to Arbitration law.
# HEREBY DECREES AS FOLLOWS:
# Article 1.- :
- The Registrar-in-Chief of the Supreme Court shall, under the supervision of the President of the Supreme Court, be responsible for appending the order for enforcement to judgments delivered by the Common Court of Justice and Arbitration (CCJA) of OHADA as well as to the arbitral awards made pursuant to the Arbitration Rules of the said Court.
- He shall-also be responsible for appending the order for enforcement to awards made in conformity with the Uniform Act relating to Arbitration law where the exequatur is granted for the enforcement of such awards by the Common Court following an appeal to the Supreme Court as provided for by Article 32 (1) of the abovementioned Uniform Act.
- The order for enforcement shall be appended to the abovementioned judgments, without further control save the verification of the authenticity of the title.
- The order for enforcement shall be appended to the abovementioned arbitral awards upon receipt of the true copies of the said awards as well as certificate of exequatur issued by the Secretary-General of the Common Court of Justice and Arbitration
Article 2.- : This Decree shall be registered, published according to the procedure of urgency and inserted in the Official Gazette in English and French.
