Because of the common origins of OHADA arbitration law and French arbitration law, there is sometimes a temptation to draw analogical comparisons that are not always appropriate. However, one cannot fully understand OHADA arbitration law without studying the procedural rules under domestic law. The limited availability of African case law on arbitration also complicates the understanding of OHADA arbitration law. Alongside the limited arbitration practice within the OHADA region, there has been a proliferation of government contracts containing CCJA arbitration clauses or ICC clauses referring to OHADA law. Consequently, OHADA arbitration law has become a major issue in litigation involving African international contracts. Given that Paris is the preferred venue for arbitrations involving an African party, it is now essential for practitioners to have a thorough understanding of OHADA law. Consequently, it makes sense to establish a working group on OHADA law within the French Arbitration Committee. The Arbitration and OHADA Working Group will facilitate exchanges between African and non-African experts on issues of case law and legal theory. Beyond strictly legal considerations, arbitration in its sociological sense will also be addressed in order to identify the extra-legal practices and obstacles that hinder the growth of arbitration within the OHADA region.
Composition
President: Achille NGWANZA
Prospective members
- El AHDAB Jalal
- DIAWARA Diamana
- DIEDHIOU Perfect
- DIENG Amadou
- JAEGER, Laurent
- KONATE, Mamadou Ismaïla
- Anna KOUYATE
- Philippe Leboulanger
- NGWE Andrée-Marie
- RACINE, Jean-Baptiste
- VODOUNON, René Djeni
Minutes of November 10, 2014