In order to be enforceable, the award must be submitted to the national court for an enforcement order (exequatur). This provision is rather ambiguous, since it does not specify whether the national court concerned is the court in the member state where the award was issued or the member state where enforcement is sought, which may not be the same. However, it should doubted less be assumed that it is the court in the state where enforcement is sought that is intended, since judgments of a national court in one member state cannot have extraterritorial effect in another member state.
The party applying for an enforcement order must produce an original of the award and of the arbitration agreement, or certified copies of these documents. If the document is not in French, a translation into French must also be produced, certified by a translator registered with the court.
Enforcement will be refused only if the award is clearly contrary to a rule of international public policy of the member states. Any judgment refusing enforcement is subject to appeal before the CCJA. On the other hand, if an enforcement order is given, this is subject to no appeals whatsoever, other than in the context of setting-aside proceedings against the award, which are deemed also to be an appeal against the enforcement order. If such proceedings fail, both the award and the order are validated.
RECOGNITION OF FOREIGN ARBITRAL AWARDS
Foreign arbitral awards are res judicata and may be recognized and made enforceable in Cameroon by the judge in charge of litigation related to the execution of judgments, in accordance with the conditions provided for by relevant international agreements or in default in conformity with similar conditions provided for by the OHADA Uniform Act on Arbitration and Law No. 2003/009 of 10th July 2003 to designate the competent courts mentioned in the Uniform Act on Arbitration within the framework of the organization for the harmonization of Business law (OHADA) Treaty
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