The law which regulates arbitration in Cameroon is the OHADA Uniform Act on Arbitration. The most usual form of arbitration agreement is the arbitration clause, which is inserted in the parties’ contract at the outset of their contractual relationship. However, an arbitration agreement may also be entered into at any time subsequently, and typically when a dispute arises between the parties. The Uniform act provides that parties may enter into such an agreement even if they have already commenced proceedings before a court.
The arbitration agreement must be made in writing or by any other means allowing its existence to be proven. It is not entirely clear how the latter part of this provision should be interpreted, although it goes on to state that such means would include, in particular, a reference to another document which itself stipulates an agreement to arbitrate. This will occur when a contract simply makes reference to the general conditions of contract of one of the parties which, in turn, specify an arbitration clause.
Article 3 of the Uniform Act also specify that other means of entering into an arbitration agreement might be possible such as an oral agreement before witnesses, who could then attest to the existence of the agreement.
But in conclusion, it is advisable that an arbitration agreement be in writing especially in cases where enforcement may need to be done in other jurisdiction outside the OHADA Law member states.
AUTONOMY OF THE ARBITRATION AGREEMENT
The Uniform Act expressly lays down the principle of autonomy of the arbitration agreement, as has been evolved by modern case law. This principle has two main consequences both of which have been spelt out in the uniform act as follows;
- First, it means that the arbitration agreement is independent from the main contract (even if it is contained in a clause within the main contract) and that its validity is unaffected by any finding that the main contract itself is null and void.
- The second consequence is that the arbitration agreement is not necessarily governed by the same law as the main contract or any particular national law, but that it is to be interpreted in accordance with the common intention of the parties.
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