This Country Answer reflects the state of the law as of 18 July 2008. Please refer to the explanations in the chapter entitled Disclaimer and Preliminary Note.

A. The Contracting State and the New York Convention

1. Name of Contracting State (also specify jurisdiction(s), if relevant)

Cameroon.

2. Date of entry into force of the New York Convention

27 July 1987.

(Source: Decree No. 87/1041, 24 July 1987.)

3. Has any reservation been made under Art. I(3) of the New York Convention regarding:

(a) reciprocity

No.

(b) commercial relationships

No.

4. In addition to arbitral awards made in the territory of another State, the New York Convention (Art. I (1)) also applies to arbitral awards not considered as domestic awards in the State where recognition and enforcement are sought. Are there any awards rendered in your country that are not considered as domestic awards such that the New York Convention and the answers to this Questionnaire are applicable to them?

No.

B. National sources of law

5. What specific sources of law are applicable to recognition and enforcement of foreign awards (e.g. statutes, regulations, codes, directives, other legal instruments)?

(i) Law No. 2007/001 of 19 Apr. 2007 establishing conditions for the enforcement of foreign judicial decisions as well as foreign arbitral awards. (ii) Law No. 2003/009 of 10 July 2003 determining the competent jurisdictions referred to in the OHADA Uniform Act on Arbitration. (iii) Chapter VI of the OHADA Uniform Act on Arbitration.

C. Limitation periods (time limits)

6.

(a) Is there a limitation period (time limit) applicable to the commencement of legal proceedings for recognition and enforcement of foreign awards?

There is no specific limitation period applicable to the commencement of legal proceedings for recognition and enforcement of foreign awards under Cameroonian law. It may be argued that the limitation period applicable to legal proceedings for the enforcement of judgements also applies to foreign awards.

(Source: Civil Code, Art. 2262.)

(b) If yes, what is the applicable limitation period (time limit) and when does it start running?

Assuming that the limitation period applicable to the enforcement of judgements under Cameroonian law also applies to foreign awards, the relevant period is 30 years from the date of the award.

(Source: Civil Code, Art. 2262.)

D. National courts and court proceedings

7. What authority or court has jurisdiction over recognition and enforcement of foreign awards?

President of the court of first instance, or magistrate delegated by said president for this purpose, shall be the judge in charge of litigation relating to the enforcement of foreign judicial decisions as well as foreign arbitral awards.

(Source: Law No. 2007/001 of 19 Apr. 2007, Art. 5; Law No. 2003/009 of 10 July 2003, Art. 4(2).)

8. What requirements, if any, must be met for the authority or court to accept jurisdiction over recognition and enforcement of foreign awards (e.g. domicile or assets of respondent in the jurisdiction, etc.)?

(i) Legitimate interest or (ii) domicile or fixed assets of the respondent in the jurisdiction of the court.

9. Is the first decision granting or denying recognition and enforcement obtained through ex parte or inter partes proceedings?

The first decision granting or denying recognition and enforcement is obtained through ex parte proceedings.

10.

(a) Is the first decision granting or denying recognition and enforcement subject to any form of appeal or recourse?

Yes.

(b) How many levels of appeal or recourse are available against this decision?

One. To Supreme Court.

(Source: Law No. 2007/001 of 19 Apr. 2007, Art 8 (3).)

11. What is the earliest stage in legal proceedings for enforcement of foreign arbitral awards at which a party can obtain execution against assets (i.e. party actually obtains possession of assets as opposed to simply freezing assets)?

As a general rule, execution against assets may be obtained after expiry of the time limit for filing an appeal against the first decision granting enforcement of a foreign award (one month after decision officially notified to the other party), or the time limit for filing an application to set aside such an award. Execution suspended from the time of the filing.

(Source: Law No. 75/16 of 8 Dec. 1975 defining procedure and organization of Supreme Court, Art. 6.)

However, it is possible to obtain provisional execution against assets in Cameroon, if either the award contains an order for provisional execution or the judge grants an order for provisional execution. In such circumstances, execution against assets may be obtained as soon as the decision granting enforcement or the judge's order for provisional execution is officially notified to the other party.

(Source: Law No. 92/008 of 14 Apr. 1992 setting conditions for enforcement of judicial decisions.)

E. Evidence required

12.

(a) What evidence must be supplied for recognition and enforcement of foreign awards (e.g. arbitral award, contract containing arbitration clause, affidavits, witness statements, etc.)?

The following evidence must be supplied: (i) the arbitral award and (ii) the arbitration agreement.

(Source: OHADA Uniform Act on Arbitration, Ch. VI, Art. 31.)

(b) Is it necessary to provide the entire document or only certain parts (e.g. entire contract or only arbitration clause)?

It is necessary to supply the award in its entirety and the relevant pages of the document containing the arbitration clause.

(c) Are originals or duly certified copies required?

Either originals or duly certified copies are required.

(Source: OHADA Uniform Act on Arbitration, Ch. VI, Art. 31.)

(d) How many originals or duly certified copies are required?

One original or duly certified copy of each document is required.

(e) Does the authority or court keep the originals that are filed?

The court of first instance keeps any original documents filed, unless a written and reasoned request for return of the originals is submitted and granted.

13.

(a) Is it necessary to provide a translation of the documents supplied?

Yes, depending on relevant jurisdiction within Cameroon, because Cameroon is a bilingual country with English and French as official languages.

(b) If yes, into what language?

French, in French speaking jurisdictions within Cameroon; English, in English speaking jurisdictions within Cameroon.

(Source: OHADA Uniform Act on Arbitration, Ch. VI, Art. 31.)

(c) Is it necessary for the translations to be certified and, if yes, by whom (official or sworn translator, diplomatic or consular agent (of which country?) or some other person)?

These documents must be translated by a sworn translator registered on the list of experts kept by the competent jurisdiction within Cameroon.

(Source: OHADA Uniform Act on Arbitration, Ch. VI, Art. 31.)

(d) Is it necessary to provide a full translation of the documents or only a translation of certain parts (e.g. entire award or only part setting forth the decisions; entire contract or only the arbitration clause)?

It is necessary to provide a full translation of the documents submitted.

F. Stay of enforcement

14.

(a) Can the authority or court stay legal proceedings for recognition and enforcement pending the outcome of an application to set aside or suspend the foreign award before the competent authority referred to in Art. V(1)(e) of the New York Convention?

No.

(b) On what other grounds, if any, can the authority or court stay legal proceedings for recognition and enforcement (e.g. forum non conveniens)?

A partially insolvent debtor may ask the court for a 'grace period' (délai de grâce), within which to pay his debt. In the event of total insolvency, legal proceedings for recognition and enforcement against an insolvent debtor may be stayed for the duration of the insolvency proceedings. The recovery of amounts awarded in arbitration may also be affected by restructuring plans applicable in Cameroon if the debtor is a State or State-owned corporation; in such cases, the Cameroon government systematically seeks a negotiated settlement.

(c) Is the granting of a stay of legal proceedings for recognition and enforcement conditional on the provision of security?

No.

G. Confidentiality

15.

(a) Do the documents filed in legal proceedings for recognition and enforcement form part of the public record? If yes, can any steps be taken to preserve the confidentiality of such documents?

Documents filed in legal proceedings for recognition and enforcement do not form part of the public record. Interested parties may consult such documents only by request to the president of the court.

(b) If there are hearings on recognition and enforcement, are such hearings confidential? If not, can steps be taken to maintain the confidentiality of the legal proceedings?

Hearings held in inter partes proceedings are generally public. The judge may decide that a hearing shall nonetheless be conducted in private.

(c) Are judgments on recognition and enforcement published? If yes, can steps be taken to remove the names of the parties or avoid publication of confidential information (e.g. business or State secrets)?

No.

H. Other issues

16. When, if ever, can a party obtain recognition and enforcement of interim or partial foreign awards?

The rules relating to the provisional enforcement of court judgements are applicable as well to arbitral awards. A judge may thus order the recognition and enforcement of an interim or a partial award depending on the circumstances and the importance of the case.

(Source: (i) Code of Civil Procedure, Art. 597; (ii) Law No. 92/008 of 14 Apr. 1992 setting conditions for enforcement of judicial decisions.)

17. When, if ever, can a party obtain recognition and enforcement of non-monetary relief in foreign arbitral awards (e.g. order requiring a party to deliver up share certificates or other property)?

There is no restriction on a party's ability to obtain recognition and enforcement of non-monetary relief in foreign arbitral awards.

(Source: Law No. 2007/001 of 19 Apr. 2007, Art. 5.)

18. When, if ever, can a party obtain recognition and enforcement of only a part of the relief granted in foreign awards?

Where recognition and enforcement is available, the entirety of the award is recognized and enforced.

19. When, if ever, can a party obtain recognition and enforcement of foreign awards which have been set aside by the competent authority referred to in Art. V(1)(e) of the New York Convention?

If an award has been set aside by a competent authority, it cannot be enforced.

20. Are there any other procedural or practical requirements relating to recognition and enforcement of foreign awards which are worth mentioning (e.g. unusually high court costs, filing fees, stamp duties, obligation to post security as a condition for seeking recognition and enforcement, obligation to identify the assets that will be the object of enforcement, etc.)?

No.

Country Rapporteur: Mary Concilia Anchang.