The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“Convention”) entered into force on 3 February 2015 in the Democratic Republic of Congo, following the ratification of Law n°13/023 dated 26 June 2013, in application of Article 215 of the Constitution.
The Democratic Republic of Congo raised three reservations to its accession to the Convention:
- The Convention could not be invoked to execute Arbitral awards pronounced before its accession to this Convention ;
- Pursuant to Article I(3), based on the reciprocity principle, the Convention will not apply against DRC towards States or nationals of States that have not acceded to the Convention ;
- The Convention will not apply to arbitration awards which deal with real estate properties located in DRC ; and
- Pursuant to Article I(3), the Convention will apply only to arbitration awards on commercial disputes. DRC joined recently OHADA which governs commercial law, particularly by the Uniform Act relating to General Commercial Law.