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Copyright © International Chamber of Commerce (ICC). All rights reserved.
( Source of the document: ICC Digital Library )
A. The Contracting State and the New York Convention
1. Name of Contracting State (also specify jurisdiction(s), if relevant)
2. Date of entry into force of the New York Convention
15 January 1995 (date of accession: 17 October 1994).
3. Has any reservation been made under Art. I(3) of the New York Convention regarding:
(b) commercial relationships?
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?
Awards rendered in Senegal relating to international trade or applying law other than Senegalese law are treated as foreign arbitral awards in Senegal.
(Source: Senegalese Code of Civil Procedure ('CPC'), Book 6, Title II, Ch. VII on recognition, enforcement and setting aside of arbitral awards made abroad or relating to international arbitration.)
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) Arts. 795 to 820 CPC, Book 6 on arbitration, ratified by Decree No. 98-492 of 5 June 1998;
(ii) Arts. 826-1 to 826-4 of the Code of Civil and Commercial Obligations ('COCC'), Book 7 on contracts relating to the settlement of disputes, Law No. 98-30 of 14 Apr. 1998;
(iii) Uniform Act on Arbitration ('UAA') of the Organization for the Harmonisation of Business Law in Africa (OHADA), adopted on 11 Mar. 1999, which applies only to arbitrations seated in an OHADA Member State (Art. 1 UAA) and in cases in which other international agreements would not be applicable (Art. 34 UAA).
C. Limitation periods (time limits)
(a) Is there a limitation period (time limit) applicable to the commencement of legal proceedings for recognition and enforcement of foreign awards?
Senegalese law does not provide for a specific limitation period for recognition or enforcement of foreign awards. However, it is possible that the general provisions of the CPC on time limits may also apply to recognition and enforcement of foreign awards.
(b) If yes, what is the applicable limitation period (time limit) and when does it start running?
Generally, the CPC provides for a 10-year time limit. If this time limit were to apply to recognition and enforcement of foreign awards, then such time limit would start running as of the date of the award for recognition and as of the date of the decision granting recognition and enforcement.
D. National courts and court proceedings
7. What authority or court has jurisdiction over recognition and enforcement of foreign awards?
Applications for recognition and enforcement of a foreign arbitral award must be made to the judge for summary procedures (juge des référés) at the regional court with jurisdiction over the place where enforcement is sought.
(Source: CPC, Art. 819-85.)
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.)?
The place of enforcement of the foreign award must be within the jurisdiction rationae loci of the authority with which the request is filed.
9. Is the first decision granting or denying recognition and enforcement obtained through ex parte or inter partes proceedings?
The decision granting or refusing recognition and enforcement of foreign arbitral awards is obtained through inter partes proceedings.
(a) Is the first decision granting or denying recognition and enforcement subject to any form of appeal or recourse?
Decisions denying or granting recognition and enforcement are subject to appeal or recourse.
(Sources: CPC, Arts. 819-89 and 819-90; UAA, Arts. 32 and 33.)
(b) How many levels of appeal or recourse are available against this decision?
(i) Decisions refusing recognition and enforcement of a foreign award subject to the UAA are subject to recourse only before the Cour Commune de Justice et d'Arbitrage.
(ii) Decisions granting recognition and enforcement of a foreign award subject to the UAA, including international awards rendered in Senegal, cannot in themselves be the subject of any recourse distinct from setting aside.
(iii) Decisions granting recognition and enforcement of a foreign award not subject to the UAA are subject to two levels of recourse: to the court of appeal and then against the court of appeal's decision to the Cour de cassation.
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)?
Once the decision granting recognition and enforcement of foreign arbitral award has been rendered.
E. Evidence required
(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 applicant must provide an original of the award accompanied by the arbitration agreement, or duly authenticated copies of these documents.
(Sources: CPC, Art 819-86; COCC, Art. 24.)
The UAA likewise requires the production of the original award accompanied by the arbitration agreement or duly authenticated copies of these documents.
(Source: UAA, Art 31.)
(b) Is it necessary to provide the entire document or only certain parts (e.g. entire contract or only arbitration clause)?
Both the award and the contract containing the arbitration agreement should be produced in their entirety.
(Source: CPC, Art. 819-86.)
(c) Are originals or duly certified copies required?
Senegalese law allows for the production of either originals or authenticated copies.
(d) How many originals or duly certified copies are required?
There is no specific requirement relating to the number of originals or authenticated copies that must be submitted. One original or one authenticated copy should suffice.
(e) Does the authority or court keep the originals that are filed?
(a) Is it necessary to provide a translation of the documents supplied?
If the language of the award or of the contract containing the arbitration agreement is not French, then it is necessary to produce a translation of these documents.
(b) If yes, into what language?
(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)?
The translations must be certified by a translator. In practice, this certification is carried out by a sworn translator or by a consular agent in the country where the arbitration proceedings took place.
(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 arbitration clause)?
It is necessary to produce a translation of documents submitted in their entirety.
F. Stay of enforcement
(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?
(Source: CPC, Art 819-88.)
(b) On what other grounds, if any, can the authority or court stay legal proceedings for recognition and enforcement (e.g. forum non conveniens)?
Senegalese law does not contain any other provisions authorizing Senegalese judges to suspend proceedings for the recognition or enforcement of foreign awards.
(c) Is the granting of a stay of legal proceedings for recognition and enforcement conditional on the provision of security?
(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?
Neither the arbitral award nor the arbitration agreement is part of the public record.
(Source: COCC, Art. 826-1.)
(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 are public. Pursuant to the general rules of Senegalese law relating to judicial organization, steps can be taken to maintain confidentiality only if public order or morality is endangered.
(Source: Law No. 84-19, 2 Feb. 1984 , Art. 6.)
(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 (such as business or State secrets)?
Decisions on recognition and enforcement of foreign awards are not published by the courts. There are no provisions in Senegalese law allowing parties' names to be removed or confidential information to be protected from publication.
H. Other issues
16. When, if ever, can a party obtain recognition and enforcement of interim or partial foreign awards?
Recognition and enforcement of interim or partial foreign arbitral awards in Senegal should be possible.
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)?
Recognition and enforcement of non-monetary relief in foreign arbitral awards in Senegal should be possible.
18. When, if ever, can a party obtain recognition and enforcement of only part of the relief granted in foreign awards?
Recognition and enforcement of only part of an award should be possible, in particular where an award settles issues outside the scope of the arbitration which are dissociable from those within its scope.
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?
A party cannot obtain recognition and enforcement of a foreign arbitral award which has been set aside or suspended by a competent authority of the country in which, or under the law of which, the award was made.
(Source: CPC, Art. 819-88.)
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.)?