The Court declared inadmissible the appeal formed by the Technifer GC against the decision ruling on its request for annulment of an arbitral award.
The Court states that the appeal was both against the arbitral award and against the order which had ruled on the application for annulment. According to Article 25 of the OHADA Uniform Act, “the arbitral award is not subject to opposition, appeal or cassation”, it can be challenged only by an action for annulment. Hence, only the order about the annulment can be subject to appeal to the Court of Justice and Arbitration.
Since the appeal is also directed against the arbitral award, which cannot be the subject of such an action, and the only ground of appeal criticizes the award itself, the appeal is inadmissible.