The Arbitral Award and the Enforcement of Investment Disputes: What Prospects for Implementation in Cameroon
Keywords:
Arbitration, Investment, Investment disputes, Award, Cameroon, tribunals, investors, challenges, resolution, institutionsAbstract
This paper underscores a critical examination of the nature of investment disputes in Cameroon under arbitration institutions. The economic potential of Cameroon has the attention of businesses and investors globally, and this attraction has spilled over into the world of international arbitration. As a result, the resolution of investment disputes through arbitration in Cameroon is growing and as a result more diverse group of arbitration tribunals are taking part in the international process than ever before and unfortunately new challenges are bound to arise. Arbitration as a means of resolving investment disputes has been heralded by many investors from the beginning as a cost-effective way of settling disputes. The problem here is that there are still inefficient arbitral practices which have resulted to less satisfactory arbitral decisions in Cameroon. In a nutshell, this article raises the way forward toward a more effective arbitral system in Cameroon.
References
1. Convention on the Settlement of Investment Disputes between States and National of Other States (hereinafter ICSID Convention) 18 March 1965
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4. Article 25 of the convention reads:“Jurisdiction of the centre article 25:(1) The jurisdiction of the centre shall extend to any legal dispute arising directly out of an investment, between a contracting state (or any constituent subdivision or agencg of a contracting state designated to the centre by that state) and a national of another contracting state, which the parties to the dispute consent in writing to submit to the centre. When the parties have given their consent, no party may withdraw its consent unilaterally. (4)Any contracting state may, at the time of ratification, acceptance or approval of this convention or at any time hereafter, notify the centre of the class or classes of disputes which it would or would not consider submitting to the jurisdiction of the centre. The Secretary General shall fourth with transmit such notification to all contracting states such notification shall not constitute the consent required by paragraph (1).
5. See.eg Salini Castrustori S.PA and Italstrade SPA v. Kingdom of Morocco, Case No.ARB/00/ 4, Decision on jurisdiction (23 July 2001), 42 ILM 609(2003)
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8. Signed by the Government of Cameroon and Klockner on December 4, 1971
9. In its article 8
10. In fact, the same submission had been evoked within the Tribunal.
11. Cour de Cassation, Civil, Chambre Civil 1, 13 Mars (2013) (Pouvoi No. 12-16.944)
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13. Icsid Case No. ARB/13/14, (2013)
14. http://globalarbitrationreview.com/news/ar ticle/31685/rsm-files-against-cameroon- conciliation-fails/
15. This is by no means a developing -country phenomenon. The first work that reviled MNCs with xenophobic vigor was written in the context of France. J.J servan - Schreiber, The American challenge (1969)
16. ICSID case no. ARB/15/18
17. Global Arbitration Review online new, 26 June 2017, at www.globalarbitration review.com
18. http//www.grain.org/article/entries/4479.g rain-releases-data-set-with-over-400- global-land-grabs.
19. http//www.forestpeoples-org/sites/fpp/ files/pulicatrion/2013/11/conflict-or- consentenglishlowres.pdf. JTRF (2019) 19–27 © Law Journals 2019. All Rights Reserved Page 27
20. Palm oil new frontier -experts saying that Africa is the new frontier for palm oil expansion
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22. Greenpeace & the Oakland Institute. The truth behind Herakles Farms false promises in Cameroon. May 2013, http://www.greenpeace.org/usa/global/inte r./briefing/forests/forests/2013/Herakles- Exposedfinal.pdf
23. Other NGOs that have published critical reports on the project of Herakles Farms include the Cameroonian NGOs CED (centre for environment and development) and RELUFA (the network to fight against hunger)-“Herakles 13th labour?A study of SGSOC’s land concession in south west Cameroon,29 February 2012.37 pages - http://www.relufa.org/documents/Herakles 13THlabour.pdf:The Rainforest Foundation UK (seeds of destruction - expansion of industrial palm oil in the Congo basin; potential impacts on forest and people. February 2013; 38 pages. http:/www. www.save.wildlife.com/en/our-work/save- the-forest/rainforest-derorestation-for- palm-oil-in-cameroon)and the Oakland Institute (understanding land investment deals in Africa. Massive deforestation portrayed as sustainable development: the deceit of Herakles Farms in Cameroon, land deal brief, September 2012.pdf
24. http://www.heraklesfarms.com/docs/916O pen LetterBWrobel.pdf Cite this Article Ndala Amidou . The Arbitral Award and the Enforcement of Investment Disputes: What Propect for Implementation in Cameroon. Journal of Taxation and Regulatory Framework . 2019 ; 2(2): 19– 27p.
