Abstract

This research looks at the efficiency of GICAM-CMAG as an arbitral tribunal for resolving business disputes in Cameroon. Institutional arbitration is one type of ADR process in which parties send their conflicts to an institution and are bound by its rules and procedures. Even while it has conventional rules that make an arbitral judgment binding, it lacks appellate jurisdiction, which makes it difficult for the dissatisfied party to evaluate the matter, ultimately leading to litigation.

However, since the establishment of OHADA in 1993, most people are unaware of the existence of an arbitral institution, and the majority of its rules are in French, making it difficult for business people to better comprehend arbitral processes such as the OHADA Treaty and CMAG Rules. The primary goal of this research is to develop some resolution mechanisms for commercial disputes and to assess how efficient CMAG is in resolving business disputes in Cameroon.

To achieve this goal, the study employs content analysis of legislation, particularly the CMAG Rules and other legal instruments controlling arbitration in Cameroon. The study’s findings suggest that CMAG is an arbitral organization that administers mediation and arbitration proceedings as well as offers practical training, seminars, and conferences. It has developed its own internal norms to conduct arbitration hearings at both the national and international levels.

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.

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