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Global Scholars Journal of Law and Conflict Resolution Vol.1 (1), pp 1-15 December, 2014
©2014 Global Scholars Journals.

 

Full Length Research Paper

The features of the arbitration proceedings under the OHADA Uniform Act on arbitration law

Francis Ulrich Ndinga-Yocka

Law School, Renmin University of China, Beijing, China.

E-mail: francis-ndinga@hotmail.fr.

Accepted 19 December, 2014

 

 

 

   
   
   
   
   
   
   
   
   
   
   
   
    Abstract  
   

This article aims to discuss the features of the arbitration proceedings governed by the OHADA Uniform Act on Arbitration (UAA) of 1999. Indeed, signed on 17 October 1993, the treaty, related to the harmonization of business law in Africa has created an organization, well known by its French acronym OHADA (Organization for the Harmonization of Business Law in Africa) whose goal is to prepare and adopt common rules, called Uniform Acts, in a number of areas related to business law, as stipulated in the Treaty, including arbitration. 17 African States, which belong to Central Africa and West Africa, are OHADA member States that the originality is to elaborate common legislation on arbitration, which came either to fill the gap for States not having legislation on arbitration or to replace the existing local laws for the States already having one but  inappropriate. Thus, the interest of the reform made by the OHADA lawmaker lies in adopting a modern law on arbitration, the Uniform Act, applicable to all member States of OHADA. This Law, which marks a milestone in the process of a truly African arbitration law, without departing from the widely accepted principles in modern practice of arbitration, is still little known in some parts of the world. Considering the importance of this Uniform Act within the framework of harmonized legislation, it is worth it to undertake an overview of the features of the arbitration proceedings governed by this UAA, since it is a law on arbitration of 17 countries.

Key words: Arbitration proceedings, OHADA, Arbitration Act

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