Given the common origins of OHADA arbitration law and French arbitration law, we are sometimes tempted to make analogical analyses that are not always appropriate. However, OHADA arbitration law cannot be understood without studying the procedural rules of domestic law. The limited dissemination of African case law on arbitration also complicates the understanding of OHADA arbitration law. In parallel with the timid practice of arbitration in the OHADA region, there has been an increase in the number of state contracts containing CCJA arbitration clauses or ICC clauses referring to OHADA law. As a result, OHADA arbitration law has become a major issue in African international contract litigation. Given that Paris is the preferred venue for arbitrations involving an African party, it is now useful for practitioners to have a detailed knowledge of OHADA law. Consequently, it makes sense to create a working group on OHADA law within the Comité Français de l'Arbitrage. The Arbitration and OHADA Working Group will enable cross-fertilization between African and non-African experts on case law and theoretical issues. In addition to strictly legal considerations, the sociological aspect of arbitration will also be addressed, with a view to identifying the extra-legal practices and constraints that are holding back the development of arbitration in the OHADA region.
Composition
Chairman : Achille NGWANZA
Prospective members
- El AHDAB Jalal
- DIAWARA Diamana
- DIEDHIOU Parfait
- DIENG Amadou
- JAEGER Laurent
- KONATE Mamadou Ismaïla
- KOUYATE Anna
- LEBOULANGER Philippe
- NGWE Andrée-Marie
- RACINE Jean-Baptiste
- VODOUNON DJENI René
Minutes of November 10, 2014