Arbitration
Burundi's domestic arbitration is governed by Law No. 5 bis/2004 of 13 May 2004 on Civil Procedure Code (Title VIII: Arbitration) and Rules of Arbitration and Conciliation settled by the Burundian Centre of Arbitration and Conciliation (Centre Burundais d'Arbitrage et de Conciliation/CEBAC/2006).
Arbitration may be ad hoc or institutional.
Ad hoc arbitration is organised by the parties themselves in the arbitration agreement and according to the agreed rules of procedure. To this end, the parties may agree on a law, even foreign law, which will apply. Ad hoc arbitration is composed of either a single arbitrator or three arbitrators.
Institutional arbitration is when the parties have entrusted the organisation of the arbitration to a permanent arbitral institution and judge according to their own rules.
In all cases, the arbitrator is not the agent of the parties. It accomplishes its mission independently.
There is one principal arbitration body in Burundi with their own set of arbitral rules: the Burundian Centre of Arbitration and Conciliation (Centre Burundais d'Arbitrage et de Conciliation/CEBAC/2006).
Enforcement of foreign judgments
Article 365 of the Civil Procedure Code provides that the President of the Court of Appeal is responsible for the enforcement in Burundi of pecuniary obligations relating to a sentence/order from a foreign court, provided that sentence is regularly rendered in a foreign State in accordance with the laws of that State.
Article 26 of the Code on Judicial Competence and Organisation also states that decisions by foreign courts in private matters shall be rendered enforceable in Burundi by the high courts, if they meet the following conditions:
- that the decision contains nothing contrary to public order in Burundi;
- the decision is cast in res judicata;
- that under the same law, the copy that is produced meets the conditions necessary to establish its authenticity;
- that the rights of defense have been respected; and
- that the foreign court is not competent only because of the applicant's nationality.
Judiciary
The Judiciary power is constitutional. The organisation and jurisdiction of courts are determined by an organic law.
Justice is administered by courts and tribunals throughout the territory of the Republic on behalf of the people of Burundi.
The judiciary is impartial and independent of the legislature and the executive. In exercising its functions, the judge is subject only to the Constitution and the law.
The President of the Republic, Head of State is the guarantor of the independence of the Judiciary. He is assisted in this task by the Superior Council of Magistracy.
In relation to the business environment, many legal and administrative reforms have been undertaken, but there is a need to invest in the training of different categories of the professionals involved including judiciary practitioners (judges, lawyers), to guarantee suitable administration of the reforms.
Effectiveness of the court system
The court agenda is, most of the time, overcrowded. Court proceedings are generally very long, and a trial can easily last more than twelve months. The enforcement of judicial decisions is a key challenge as it is a process cluttered with administrative heaviness.
Structure of the court system
The judiciary has ordinary courts and specialised courts.
In ascending order, the courts are:
- Courts of Residence (Tribunaux de residence)
- County Courts (Tribunaux de Grande Instance) (primary courts);
- Court of Appeal
- Supreme Court
The Constitutional Court is the supreme authority of Burundi's constitutional law and deals with the interpretation of the Constitution of 2005.
There are also specialised courts, as follows:
- Labour Courts
- Commercial Courts
- Administrative Courts
- Anti-Corruption Court
- Martial Court
The County Courts are established at each provincial level (one in every province). Courts of Residence are established in every commune.
