Appendix 2

Declaration of independence and impartiality

Arbitrator: [ ]

I hereby declare that there are no facts or circumstances, past or present, which might be of such a nature as to call into question my independence and impartiality in the resolution of the dispute at hand. I undertake to immediately notify the parties, the arbitrators and the OHADAC Secretariat of arbitration, where applicable, of any personal ties, direct or indirect, with the parties, their legal representatives or attorneys, or with the other arbitrators, and of any subsequent circumstance which might be of such a nature as to call into question my independence and impartiality.

In accordance with the provisions of Article 8 of the OHADAC Arbitration Rules, I hereby proceed to disclose any past or present relationships, of a personal, commercial or professional nature, direct or indirect, existing or having existed at any time between myself and the parties, their legal representatives and attorneys, and the other arbitrators:

(State facts, situations and circumstances below)

.......................

I declare additionally that the previously stated facts, situations and circumstances do not affect, in the least, my independence, nor do they affect my stance or attitude, which is absolutely impartial, with regard to the dispute, and I undertake to immediately notify the parties, the other arbitrators, and the Secretariat of the Center, where applicable, of any personal or professional ties, direct or indirect, with the parties, their legal representatives or attorneys, or with the other arbitrators, and of any other circumstance which may occur and which might be of such a nature as to call into question my independence and impartiality.

Delivered in [ ], on day [ ] month [ ], year[ ].