Lex Cameroon

Acte uniforme relatif au droit de l'arbitrage › Chapter 3

SECTION 14

The parties may, directly or by reference to a set of arbitration rules, determine the rules of procedure; they may also subject this procedure to a procedural law of their choice. Failing such agreement, the arbitral tribunal may conduct the arbitration in such a manner as it considers appropriate. The burden of proof shall lie on the parties to establish the facts relied on in support of their claim or defence. The arbitrators may request the parties to furnish an explanation of the facts in issue and to adduce by any legally admissible means, any evidence which they consider necessary in support of their claim or defence. They shall not in their decisions rely on grounds, explanations or documents referred to or tendered by the parties unless each party has been given an opportunity of presenting its observations thereon. They shall not base their decision on grounds raised of their own motion without having invited the parties to present their observations in relation thereto. Where the assistance of the court is necessary to obtain evidence, the arbitral tribunal may of its own motion or upon application, request the assistance of the competent judge in the State Party. A party who, knowingly, fails to raise, without delay, an irregularity and proceeds with the arbitration, shall be deemed to have waived the right to raise it. Unless agreed otherwise, the arbitrators shall equally have jurisdiction to rule upon objections relating to handwriting verification or a forgery.
Official translation Spot-checked In force from 11 March 1999 Source page 8

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Texte français

This provision has no official French version. You can read an unofficial machine translation — for understanding only, never to quote.

Contents

Section 14 of the Acte uniforme relatif au droit de l'arbitrage /akn/ohada/act/loi/undated/aua-1999
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