Arbitration in Africa Under OHADA Rules
By: Mahutodji Jimmy Vital Kodo
About This Book
Arbitration in Africa under OHADA Rules' is the first-ever publication in English on the topic globally. Over recent decades, African countries have witnessed an increase in international investment, which has led to the need for a harmonized legal environment across borders creating, inter alia, a modern arbitration system. The 1993 Treaty establishing the Organization for the Harmonization of Business Law in Africa (OHADA) took a giant step toward meeting this need and improved and consolidated its achievements with major arbitration-related revisions enacted in 2017 that came into force in 2018. This book, the first systematic analysis in English, elucidates in detail the ad hoc and institutional arbitration regimes that characterize the system. It aims to keep the practitioners abreast of all that they need to know to conduct arbitral proceedings efficiently in any of the OHADA?s seventeen Member States.
AI Overview
The book "Arbitration in Africa Under OHADA Rules" by Mahutodji Jimmy Vital Kodo provides a systematic analysis of the arbitration systems in Africa under the OHADA (Organisation pour l'Harmonisation en Afrique du Droit des Affaires) rules. Here is a comprehensive overview of the book:
Key Themes
Dual Arbitration System: The book elucidates the dual arbitration system under OHADA, which includes both institutional and ad hoc arbitration regimes. This dual system offers parties the choice between the predictability and structure of institutional arbitration and the flexibility and freedom of ad hoc arbitration.
Institutional Arbitration: It delves into the institutional arbitration regime provided by the Common Court of Justice and Arbitration (CCJA). This regime is characterized by its structure and predictability, similar to the International Chamber of Commerce (ICC) procedure. Key features include the provision for provisional and conservatory measures, terms of reference agreed upon by the parties, and the recognition of arbitral awards with the effect of res judicata among all OHADA Member States.
Ad Hoc Arbitration: The book also covers the ad hoc arbitration regime under the Uniform Act on Arbitration (UAA). This regime is non-imperative, allowing parties to contract around its provisions. However, certain fundamental rules must be respected, including formalism in the arbitration agreement, requirements for the number and impartiality of arbitrators, and requirements for drafting awards.
Legislative Provisions and Arbitral Procedure: The book provides essential information about legislative provisions, treaty adherence, and arbitral procedure. This includes an overview of the legislative framework governing arbitration in Africa and the practical aspects of arbitral proceedings.
Plot Summary
The book is structured to offer a detailed and systematic analysis of the arbitration systems in Africa under OHADA rules. It begins with an introduction to the OHADA framework and its relevance to arbitration in Africa. The main body of the book is divided into sections that focus on the institutional and ad hoc arbitration regimes, highlighting their key features, advantages, and practical implications. The author provides case studies and examples to illustrate the application of these regimes in real-world scenarios.
Critical Reception
While specific reviews of the book are not provided in the search results, the book is recognized as the first systematic analysis in English of the OHADA arbitration system. This suggests that it has been well-received for its comprehensive and detailed approach to a complex topic. The book's value lies in its ability to elucidate the intricacies of OHADA arbitration, making it a valuable resource for practitioners and scholars in the field of international arbitration.
In summary, "Arbitration in Africa Under OHADA Rules" by Mahutodji Jimmy Vital Kodo offers a thorough examination of the dual arbitration system under OHADA, covering both institutional and ad hoc regimes. The book provides essential information on legislative provisions, treaty adherence, and arbitral procedure, making it a critical resource for those interested in arbitration in Africa.