COMPILATION OF TREATIES AND UNIFORM ACTS OFFICIAL TRANSLATION
# UNIFORM ACT ON ARBITRATION
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COMPILATION OF TREATIES AND UNIFORM ACTS OFFICIAL TRANSLATION
# TABLE OF CONTENTS
CHAPTER I SCOPE OF APPLICATION ... 545 CHAPTER II COMPOSITION OF ARBITRAL TRIBUNAL ... 546 CHAPTER III ARBITRAL PROCEEDINGS ... 547 CHAPTER IV THE ARBITRAL AWARD ... 549 CHAPTER V APPEAL AGAINST THE ARBITRAL AWARD ... 551 CHAPTER VI RECOGNITION AND ENFORCEMENT OF ARBITRAL AWARDS ... 552 CHAPTER VII FINAL PROVISIONS ... 553
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COMPILATION OF TREATIES AND UNIFORM ACTS OFFICIAL TRANSLATION
The Council of Ministers of the Organization for the Harmonization of Business Law in Africa (OHADA),
Considering the Treaty for the Harmonization of Business Law in Africa, in particular Articles 2, 5 to 12 thereof;
Considering the report by the OHADA Permanent Secretariat and the observations of the States Parties;
Considering the opinion of the Common Court of Justice and Arbitration dated 3 December 1998;
Having deliberated thereon, adopt by unanimous vote of the States Parties present and voting, the Uniform Act set out below:
# CHAPTER I ## SCOPE OF APPLICATION
ARTICLE 1
This Uniform Act shall apply to any arbitration when the seat of the arbitral tribunal is in one of the States Parties.
ARTICLE 2
Any natural or legal person may resort to arbitration with respect to any rights that may be freely disposed of.
States and other local governments as well as State-owned entities may also be parties to arbitration without being able to rely on their national laws to contest the arbitrability of the dispute, their capacity to be parties to arbitration or the validity of the arbitration agreement.
ARTICLE 3
Every arbitration agreement shall be in writing, or in any other form evidencing its existence, in particular, by reference in a contract to a document containing an arbitration clause.
ARTICLE 4
The arbitration agreement shall be independent of the main contract.
Its validity shall not be affected by the nullity of the contract, and it shall be interpreted in accordance with the common intention of the parties, without necessarily referring to national law.
In any case, the parties may, by mutual agreement, resort to an arbitration agreement, even when proceedings are already pending before another jurisdiction.
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UNIFORM ACT ON ARBITRATION
# CHAPTER II COMPOSITION OF ARBITRAL TRIBUNAL
ARTICLE 5
Arbitrators shall be appointed, removed or replaced in accordance with the agreement of the parties.
Failing such arbitration agreement, or where the arbitration agreement is insufficient: