Institutional Arbitration in the Resolution of Commercial Disputes in Cameroon: A Case Study of GICAM-CMAG

Abstract

This paper examines the effectiveness of GICAM-CMAG as an arbitral institution in resolving commercial disputes in Cameroon. Institutional arbitration is one of the forms of ADR mechanisms, where parties refer their disputes to and are governed by the rules and procedures of the said institution. Even though it has standard rules which renders an arbitral award binding, it lacks an appellate jurisdiction, which acts as a hindrance to the unsatisfied party to review the case, thus an eventual resort to litigation. However, since the creation of OHADA in 1993, most people are ignorant of the existence of an arbitral institution and most of its rules are in French language causing a difficulty to business persons to better understand the arbitral proceedings like the OHADA Treaty and CMAG Rules. The main objective of this work is to elaborate some resolution mechanisms in resolving commercial disputes and to examine how effective is CMAG in resolving commercial disputes in Cameroon. To attain this objective, the study adopts content analysis of laws especially the CMAG Rules, alongside other legal instruments governing arbitration in Cameroon. Findings of the study reveals that CMAG is an arbitral institution which administers mediation and arbitration procedures, organizes practical training, seminars and conferences. It has created its own internal rules to govern its arbitral proceedings both at the national and international level. Thus, it is apparent to conclude that, even though CMAG has been instrumental since its creation, due to Language barrier and the lack of an appellate jurisdiction, it has acted as a limitation to its functioning. As such the study recommends for an official translation of its rules, the creation of an appellate jurisdiction, and an intensive awareness about the existence of the mediation and arbitration center and its procedural rules in resolving commercial disputes in Cameroon.