Lex Cameroon

Règlement d'arbitrage de la Cour Commune de Justice et d'Arbitrage › Chapter 2

SECTION 15

Report establishing the purpose of the dispute as well as the conduct of arbitral proceedings. 15.1 The arbitrator shall, upon receipt of the file, summon the parties or their duly qualified representative and their counsel, to a meeting which shall hold as soon as is possible and not later than sixty (60) days from the date of receipt of the file. The purpose of the meeting shall be; a) To establish the fact that arbitration has been seized and to determine the claim submitted to him for determination. He shall proceed to list the claims as contained in the submissions filed by the parties as of that date, with a summary of the reasons for these claims and the grounds raised in support thereof; b) To declare if there exists an agreement between the parties on the issues listed in article s 5(e) and 6 (b) and (d) herein above. In the absence of such an agreement, the arbitrator shall declare that the arbitral award shall contain a ruling on this issue. The arbitrator shall, in the course of the meeting, immediately determine the language of the arbitration, with due regard to the observations of the parties on this issue, and after taking into account the circumstances. The arbitrator shall, if necessary, enquire of the parties if they intend to confer on him the powers of aimable compositeur. The answer of the parties shall be recorded in writing. c) To take measures appropriate for the conduct of the arbitral proceedings in accordance with the rules which the arbitrator intends to use as well as how they will be applied. d) To establish a provisional calendar, fixing the dates of the filing of the respective submissions deemed necessary, as well as the date of hearing arguments after which the hearing shall be declared closed. The hearing date fixed by the arbitrator shall not exceed six months from the date of the meeting except otherwise agreed by the parties. 15.2 The arbitrator shall draw up a report of the meeting referred to in article 15(1) herein above. This report shall be signed the arbitrator. The parties or their representatives shall also be invited to sign the report. Where one of the parties refuses to sign the report or expresses reservations about the report, it shall be submitted to the Court for approval. A copy of the report shall be given to the parties and to their counsel, as well as to the Secretary General of the Court. 15.3 The provisional calendar of arbitration contained in the report referred to in article 15(2) may, in case of necessity be modified by the arbitrator of his own motion after the observations of the parties, or at their request. The modified calendar shall be sent to the Secretary General of the Court who shall communicate same to the Court. 15.4 The arbitrator shall within 90 days of the close of deliberations, draw up and sign the arbitral award. This time limit may be extended by the Court upon the application of the arbitrator if he cannot meet up with the dead line. 15.5 Where the arbitral award does not finally conclude the arbitral proceedings, a meeting shall immediately be convened to determine in the same conditions a new calendar for the arbitral award which shall completely dispose of the matter.
Official translation Spot-checked In force from 11 March 1999 Source page 13

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Section 15 of the Règlement d'arbitrage de la Cour Commune de Justice et d'Arbitrage /akn/ohada/act/loi/undated/reglement-arbitrage-ccja-1999
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