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Important Links : Legal Guide: Research : Intellectual Property and Electronic Commerce
Important Intellectual Property Links: |
NGU & CO LAW FIRM ADVOCATES OF THE CAMEROONIAN BAR / OAPI PATENT AND TRADEMARK ATTORNEYS
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
dIvoire 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
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