Improving the settlement of commercial disputes in Congo

Context

The ICR Facility supported the effectiveness of CENACOM in order to improve the business climate in the DRC through better availability of alternative commercial dispute regulation mechanisms.

Objective

After revising CENACOM’s Arbitration Rules and Bylaws, the legal expert assessed the level of experience of Congolese arbitrators through a survey. Two 4-day trainings were then held at the premises of FEC, officially launched by a speech by his Excellence the Minister of Justice of Congo. In addition, a communication expert conducted interviews with private and public stakeholders to assess the level of knowledge about CENACOM and then revised a communication strategy and action plan.

A Task Group consisting of CENACOM, the Federation of Enterprises of Congo (FEC), the president of the national OHADA Commission (OHADA is the Organization for the Harmonization of Business Law in Africa), two experts, the EU Delegation and the ICR Facility steered all activities.

Result

CENACOM’s Arbitration Rules and Bylaws made conform with OHADA rules and international best practices – e.g., strengthened confidentiality and clear conditions for becoming an arbitrator.
71 arbitrators have improved their capacities to conduct commercial arbitration proceedings.
CENACOM’s new pricing system is more attractive to the centre and arbitrators, so as to contribute to the Centre’s self-financing once a critical level of registered files and procedures have been reached.
CENACOM’s communication plan provides for digital communication activities, networking events and other activities to increase awareness on arbitration services among businesses in the DRC.

Improving the settlement of commercial disputes in Congo

Context

Objective

Result

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