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
