SECTION 10 — Effects of the arbitration agreement

10.1 Where the parties have agreed to submit to arbitration by the Court, they shall be deemed thereby to have submitted ipso facto to the provisions of Part IV of the OHADA Treaty, to the present rules, to the internal rules of the Court, its annexes as well as to the scale of the costs of arbitration, as at the date of commencement of the arbitration proceedings pursuant to Article 5 above. 10.2 If one of the parties refuses or fails to take part in the arbitration, the arbitration shall proceed notwithstanding such refusal or failure. 10.3 Where one party raises one or more objections concerning the existence, validity or the scope of the arbitration agreement, and where the Court is satisfied of the prima facie existence of the agreement, the court may, without prejudice to the admissibility or merits of the objection, decide that the arbitration shall proceed. In such case, the arbitrator shall rule on any issues relating to his own jurisdiction. 10.4 Except as otherwise provided, where the arbitrator upholds the validity of the arbitration agreement, the arbitrator shall not cease to have jurisdiction by reason of any claim that the contract is null and void. 10.5 Unless otherwise provided, the arbitration agreement confers jurisdiction on the arbitrator to entertain any interim or conservatory applications in the course of the arbitral proceedings. Awards made pursuant to the preceding paragraph shall be immediately enforceable by application for exequatur, where an exequatur is necessary for the enforcement of the interim or conservatory awards. Before the file is forwarded to the arbitrator and, in exceptional circumstances, even thereafter, where the urgent nature of the interim and conservatory measures requested may not permit the arbitrator to rule promptly, the parties may apply to any competent judicial authority for such measures. Any such application and any measures taken by the judicial authority shall without delay, be notified to the Court which shall inform the arbitrators thereof.