The ohada arbitration system

When entering into a contract they will generally want to ensure that any contractual disputes that may arise will be resolved in an efficient prompt and confidential manner. This is all the more important when the parties are of different nationalities and each party prefers that any disputes be settled by a neutral body rather than by a national court. These considerations have led to an increase in the use of arbitration as a means of settling contractual disputes especially in international contracts. By adopting both the Uniform Act on Arbitration Law and the CCJA Arbitration Rules on 11 March 1999 the Organisation for the Harmonisation of Business Law in Africa (OHADA) now gives contracting parties the possibility of including an arbitration clause providing that the arbitration proceedings shall take place in any of the member States. The aim will be to show the strengths and weaknesses of this rather original arbitration system in relation to the prospects it offers in terms of promoting arbitration and security for investors.