RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/CPV/13/Rev.1 
10 June 2005 
 (05-2388) 
Working Party on the  
Accession of Cape Verde Original:   English 
 
 
 
 
ACCESSION OF CAPE VERDE 
 
Action Plan Related to the Arbitration Law  
 
Revision  
 
  
 The following submission, dated 1 June 2005, is being circulated at the request of the 
Delegation of the Republic of Cape Verde.   
_______________WT/ACC/CPV/13/Rev.1 
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 No. Subject Legislation Ministry Completion Date 
1 Arbitration Arbitration Law Ministry of  Justice Approval by the Parliament 
by July 2005 
2 Mediation Mediation Decree Law Ministry of Justice In effect since May 2005 
 
The Draft Arbitration Law was submitted to the Pa rliament for approval and publication in the 
Official Bulletin.  It contains:  
 CHAPTER I - Article 1 - Arbitration conven tion; Article 2 - Exclusions; Article 3 - 
Requisites of the convention; Article 4 - Validity; Article 5 - Autonomy; Article 6 - 
Revocation; Article 7 - Nullity of the conventi on; Article 8 - Caducity of the convention; 
Article 9 - Financial responsibilities of the process;  
 CHAPTER II - of the Arbiters and the Arbitral  Court:  Article 10 - Composition of the court; 
Article 11 - Competence of the court; Article 12 - Designation of the arbiters; Article 13 - 
Arbiters: requisites; Article 14 - Freedom to accept; excuse; Article 15 - Impediments and 
refusals; Article 16 - Constitution of the court; Article 17 - Nomination of the arbiters and determination of the object of the conflict by a judicial court; Article 18 - Substitution of the 
arbiters; Article 19 - President of the arbitral court; Article 20 - Ethical duties of the arbiters; 
 CHAPTER III - of the Operation of the Arbitration:  Article 21 - Rules of the process; Article 
22 - Fundamental principles to be observed in the process; Article 23 - Representation of the 
parts; Article 24 - Proof; Article 25 - Cautionary measures;  
 CHAPTER IV - of the Arbitral Decision:  Artic le 26 - Time limit for the decision; Article 27 - 
Deliberation; Article 28 - Decision on self-compete nce; Article 29 - Applicable law; recourse 
to equity; Article 30 - Elements of the decisi on; Article 31 - Notification and deposit of the 
decision; Article 32 - Extinction of the power of the arbiters; Article 33 - Judged case and 
executive force;  
 CHAPTER V - Impugnation of the Arbitral Decision:  Article 34 - Annulment of the 
decision; Article 35 - Right to request annulment; time limit;  
 CHAPTER VI - Execution of the Arbitral Decision:  Article 36 - Execution of the decision; 
Article 37 - Opposition to the execution;  
 CHAPTER VII - of International Arbitrati on:  Article 38 - Concept of international 
arbitration; Article 39 - Applicable law; Article 40 - Appeals; Article 41 - Friendly 
composition; 
 CHAPTER VIII - Final Dispositions:  Article 42 - Ambit of application in space; Article 43 - 
Institutionalized arbitration; Article 44 - Effective date. 
 The Draft Legislation on Arbitration centres contains: 
  - Article 1 Formulating the request;  
 - Article 2 Review;  - Article 3 Decision;   - Article 4 List of authorized entities;   - Article 5 Revocation of an authorization;  
 - Article 6 Fines; and 
 - Article 7 Effective date  WT/ACC/CPV/13/Rev.1 
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 The Mediation: (Two legislations were publishe d in O.B. No. 19, I Series, of 9 May 2005). 
Decree-Law No. 30/2005 on Creation of Mediation Centers contains:  CHAPTER I - General Principles:  Article 1 - Purpose; Article 2 – Definition; Article 3 - 
General principles of Mediation; Article 4 - Natu re of the cause; Article 5 - Predomination of 
the will of the parts; Article 6  - Mediation centers; Article 7 – Mediators; 
 CHAPTER II - Representation of the Parts:  Ar ticle 8 - Representation; Article 9 - Mandatory 
representation;  
 CHAPTER III – of Mediation - Section I - Pre- Mediation:  Article 10 - Introducing the case 
to mediation; Article 11 - Notification of the request to the other part; Article 12 - 
Pre-mediation session; Article 13 - Course of the pre-mediation; Article 14 - Signature of the 
Terms of Commitment to Mediation; Section II  – Mediation: Article 15 - Courses of 
action; Article 16 – Agreement;  
 CHAPTER IV - Mediator: Article 17 - Choice of a Mediator; Article 18 - Co-Mediation; 
Article 19 - Meeting of the mediator with the parts; Article 20 - Liberty of the proceeding; 
Article 21 - Impartiality a nd independence; Article 22 – Impediment; Article 23 -
Confidentiality; Article 24 – Responsibility;  
  CHAPTER V - Closing of the Mediation Process: Article 25 - Closing of the Mediation 
Process;  
 CHAPTER VI - Final Provisions:  Article 26 - Li st of Mediators; Article 27 -  Honoraries and 
charges; Article 28 - Publication of agreemen ts; Article 29 - Mediation Clause; Article 30 - 
Transitory provisions; Article 31 - Integration of  legislation’s lacunae; Article 32 - Entrance 
into force date. 
 Decree-Law No. 31/2005 regulates the Use of Me diation in the Resolution of Conflicts and 
contains: 
 - Article 1 Mediation Centers;  
 - Article 2 Registration system;  
 - Article 3 Principle of independence;  
 - Article 4 Principle of transparence, Rules of proceeding;   - Article 5 Coordination;   - Article 6 Administrative charges and mediators’ honorariums;   - Article 7 Calculation;   - Article 8 Registration fee;  
 - Article 9 Administrative charges;  
 - Article 10 Mediator’s honorariums;   - Article 11 Payment of mediators’ honorariums;   - Article 12 Mediators’ expenses;   - Article 13 Deadline for the payment;  
 - Article 14 Consequences of non-payment of the costs;  
 - Article 15 Administrative users support;   - Article 16 Partnershi ps and interchanges;  
 - Article 17 Registration;   - Article 18 Supervision; and   - Article 19 Effective date.  WT/ACC/CPV/13/Rev.1 
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  The Mediation Bills cover, among others, the following aspects:  
 - Mediation: (both laws published in O.B. No. 19, I Series, of 9 May 2005);  - Decree-Law No. 30/2005, Creation of Media tion Centers.  It contains: Definition of 
Centers of Mediation; Registration System; Independence Principle; Transparency Principle; Rules of Procedures; Coordination; Administrative Charges and Mediators’ 
Honorariums; Calculation of Process Costs; Inscription Fees; Administrative 
Charges; Payment of Mediators’ Honorari es; Mediators’ Expenses; Deadline for 
Payments; Consequences of No-payment of  Costs; Administrative Users’ Support; 
Partnership; Record Keeping; Su pervision; Effective Date; and 
 - Decree-Law No. 31/2005, Regulates the Use of Mediation in the Resolution of 
Conflicts.  It contains: Definition; Genera l Principle of Mediation; Nature of the 
Cause; Relevance of the Will of the Parties; Centers of Mediation; Mediators; Representation; Compulsory Representation; Pre-Mediation; End of the Mediation 
Process; Final Provisions. 
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