Update 12 May 2020 for a similarish issue see Prakash Steelage v UZUC 17/18001, with the Court of Appeal upholding a Panel’s application of UNIDROIT [update 20 July 2020 similar to a CIETAC application of Unidroit principles reported here], this time in the absence of choice of law by the parties. The case is reviewed here.
Thank you Thomas Kendra and Thibaud Roujou de Boubée for signalling 16/25484 Cameroon v Projet Pilote Garoubé at the Paris Court of Appeal end of December 2018. The essence of the case is the Court confirming an arbitral award applying OHADA law. OHADA stands for ‘Organisation pour l’harmonisation en Afrique du droit des affaires’ – ie the Organisation for the Harmonization of Corporate Law in Africa.
Thomas and Thibaud analyse excellently – of note for this blog are the issue of non-State law as lex contractus (compare with Rome I), the recognition of same as trumping Cameronese law essentially as overriding mandatory law, and the rejection of the Cameronese argument that its wildlife laws qualify themselves as lois de police /overriding mandatory law and that the lack of recognition of same violates ordre public.
Interesting arbitration /conflicts material.
Geert.
gavc law - geert van calster 