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Wednesday, Apr 24th 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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Article 9

Payment of provisions

1. Provisions for arbitration costs, as set out in an annex to the OHADAC Rules of Arbitration, shall be paid in cash, unless they exceed an amount predetermined, on a general basis, by the CCA, in which case a bank guarantee may be granted in order to cover the amount in excess of that threshold.

2. A bank guarantee may also be given by a party in order to cover the provisions in respect of amounts which the opposite party may prove to be liable.

3. The CCA shall define the terms which must be met upon the granting by the parties of the bank guarantees conferred in accordance with the previous paragraphs.

4. The CCA shall lay down specific provisions for the payment of the fees and costs of the experts nominated by the arbitral tribunal.

Article 10

Arbitrators' fees

1. The CCA shall enjoy sole jurisdiction for the determination of an arbitrator's fees and costs in accordance with the rates listed in the table in Annex 3 or for the setting of such fees, at its discretion, in the event that the disputed amount should remain undetermined. Any agreements between the parties and arbitrators regarding such fees shall be deemed null and void and contrary to the OHADAC Rules of Arbitration.

2. For the purpose of determining an arbitrator's fees and costs, the CCA shall take into consideration his diligence, the number of hours of work required and the complexity both of his interventions and of the matter in dispute.

3. Where there are three arbitrators, the fees of the three arbitrators shall not exceed the amount of the fees corresponding to a single-arbitrator arbitration multiplied by three. Nevertheless, subject to that threshold not being exceeded, the CCA may grant the chairman of the arbitral tribunal higher fees than those determined for the other two arbitrators.

Article 11

Administration costs

1. The CCA shall fix the administration costs of the arbitration in accordance with the rates set out in Annex 4 of the Rules.

2. Additional costs shall be required in the event of a suspension of the arbitration requested by the parties, or by one party with the other's consent.

3. In the event that the arbitration should be terminated prior to the handing down of the final award, the CCA shall reduce the administration costs, taking into account what has been accomplished and the stage reached in the proceedings.

4. If in accordance with the OHADAC Rules of Arbitration one of the parties should submit a request for correction, interpretation or for rectification of a failure to rule on a given point in the award, the CCA may establish a specific provision in order to cover any additional costs relating thereto and may make the handling of the request conditional on the payment of such provision.

5. The fees paid to the arbitrators shall include neither value added tax (VAT) nor any other tax or levy.


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