IMPLEMENTATION OF OHADA LAWS AT THE DOMESTIC LEVEL: SENEGAL ADOPTS INTERNAL LAWS RELATING TO ARBITRATION AND INSOLVENCY

Senegal recently adopted two Decrees and one Inter-ministerial Order to fine tune its internal laws relating to the implementation of two key OHADA Uniform Acts, namely the UA on arbitration and the UA on Insolvency Law.

Decree No. 2016-1192 of August 3, 2016 designates the competent national court to provide State’s cooperation within the framework of arbitration. Indeed, the implementation of the UA on Arbitration requires the involvement of national judicial authorities for matters relating to the appointment of arbitrators or their challenge. The taking of interim measures, the examination of appeals against arbitral awards and the enforcement of awards also require the assistance of national courts. With the adoption of the Decree of August 3, 2016, the competent courts in these cases are now clearly identified in Senegal.

The Republic of Senegal had previously, by virtue of the UA on Insolvency of 10 September 2015, issued Decree No. 2016-570 of April 26, 2016 to define the status of judicial representatives. The Decree complements the Uniform Act on Insolvency Law by defining the rules relating to the access to and exercise of the activity of judicial representative, the composition and functioning of the regulatory body of this profession and discipline. The Decree is complemented by an Inter-ministerial Order dated May 31st, 2016 fixing the rate of remuneration of judicial representatives.

Before the Republic of Senegal, the Republic of Côte d’Ivoire had already adopted Decree No. 2016-48 of February 10, 2016 on the creation, roles, organization and functioning of the National Control Commission of judicial representatives within the framework of implementation of the UA on Insolvency Law.

The Permanent Secretary of the Organization for the Harmonization of Business Law in Africa, Professor Dorothé Cossi SOSSA, welcomes these initiatives designed to strengthen national, legal and institutional mechanisms for optimal application of OHADA law. / –

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