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Monday, Jun 17th 2024

The ACP Legal Association

  • OHADAC and ACP Legal

    The partisans of this project, called OHADAC (Organisation for the Harmonisation of Business Law in the Caribbean), decided to meet within the framework of the association ACP Legal, to help interested Caribbean States to implement the project.

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  • OHADAC in brief

    This brochure has been published by the ACP Legal Association.

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DRAFT STATUTES OF THE OHADAC CARIBBEAN CENTRE FOR ARBITRATION AND CONCILIATION

Article 7

Incompatibilities

1. The members of the Arbitral Council may not intervene as arbitrators, nor as counsel or attorneys for parties, in proceedings submitted to an arbitration administered by the CCA.

2. In the event that a member of the Arbitral Council should, even indirectly, be concerned by any arbitration proceedings pending before the CCA or involved in the latter, he shall immediately disclose the fact to the secretary and shall refrain from participation in the proceedings or in the adoption by the said CCA of any decisions which might have an influence on the pending proceedings, and may neither receive nor consult any information or documents relating to such proceedings.

Article 8

Appointment criteria

1. When exercising the powers granted to the CCA for the appointment of arbitrators, the Center shall apply criteria of excellence and efficiency, by appointing arbitrators whose competence is proven with regard to the dispute concerned and whose availability and commitment to the arbitration will be unquestionable.

2. For such purposes, the CCA shall request from the arbitrator or arbitrators capable of being appointed a statement relating to the number of pending arbitral proceedings in which they have been appointed or nominated. If that number is greater than three (3), that fact shall be assessed by the Center. In the event that such number should be greater than five (5), it shall refrain from appointing the arbitrator. The arbitrators appointed shall commit themselves to refraining from being members of more than five (5) arbitral tribunals simultaneously.

3. A special commission designated by the Center shall assess the arbitrators having intervened in the proceedings administered by it, taking into consideration the quality of the award, as well as the diligence evidenced by them during the arbitral proceedings. Such assessments shall remain secret, and the Center shall take them into account when making subsequent appointments.

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Draft statutes of the OHADAC Caribbean Centre for Arbitration and Conciliation.pdf