ARBITRATION

Although, arbitration has all along been part of local law and arbitration clauses are not uncommon in many contracts evolving local Enterprises, the concept is mostly considered by many local Enterprises more as a prelude rather than an alternative to litigation. However, one of the main objectives of the Treating setting up, the Organization of Business Law in Africa (OHADA) as well as the OHADA Uniform Act on Arbitration, is to institutionalise and encourage arbitration in order to avoid the short comings of litigation in Commercial matters. The Common Court of Justice and Arbitration was set up by the Treaty in Abidjan, Côte d’Ivoire to play the role of a regional Arbitration Centre. Article 1 of the said Act states clearly that the OHADA Arbitration Rules shall be applicable by any Arbitration Tribunal sitting in any of the countries that is a signatory to the OHADA Treaty. Article 34 of the same Act goes further to precise that awards made under other Arbitration Rules would be recognized in the member states under conditions provided for by the Act or other International Conventions. It is hoped that with this development, the Courts, litigants and the public at large, would be more familiar and receptive to Arbitration, notably under the Arbitration rules of the OHADA Uniform Act on Arbitration