Recognition, Enforcement and Challenges of Decisions of the General Court of Justice and Arbitration of the Organization for the Harmonization of Commercial Law in Africa (OHADA)

Agnessa O. Inshakova (), Evgenia E. Frolova (), Elena P. Ermakova () and Sergei Sh. Shakirov ()
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Agnessa O. Inshakova: Volgograd State University
Evgenia E. Frolova: RUDN University
Elena P. Ermakova: RUDN University
Sergei Sh. Shakirov: RUDN University

Chapter 8 in Supporting Inclusive Growth and Sustainable Development in Africa - Volume I, 2020, pp 103-118 from Springer

Abstract: Abstract The authors explore the features of the legal regulation of arbitration in the member states of OHADA in this chapter. Particular attention was given to the recognition, enforcement and challenge of the decisions of the OHADA General Court of Justice and Arbitration. It is revealed that (1) a Uniform law on arbitration of OHADA establishes a specific remedy of the arbitral award, namely, the claim about cancellation (an action for annulment); (2) however, this excludes certain remedies, including an appeal, opposition and cassation (appeal in the opposition and the appeal in cassation); (3) in general, regarding remedies against an arbitral award, the African legislature provides for an action for annulment, a request for revision, a third-party opposition (the opposition of a third party) and the power of the arbitral tribunal to correct or interpret the award (the power of the arbitral tribunal to repair or interpret the award); (4) some African states have designated the competent court to consider such remedies—the court of appeal; (5) 9 of the 17 OHADA member states have ratified the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards; (6) all OHADA member states have signed the 1965 Washington Convention for the Settlement of Investment Disputes between states and nationals of other states (otherwise known as “ICSID”).

Date: 2020
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DOI: 10.1007/978-3-030-41979-0_8

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