About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

20 J. Int'l Arb. 205 (2003)
Recognition and Enforcement of Arbitral Awards in OHADA Member States, The

handle is hein.kluwer/jia0020 and id is 217 raw text is: Journal of International Arbitration 20(2): 205-210, 2003.
0 2003 Kluwer Law International. lh'nted in The Netherlands.
The Recognition and Enforcement of Arbitral
Awards in OHADA Member States
G. KENFACK DOUAJNI*
The efficiency of arbitration as a method for the settlement of commercial or
investment disputes is due to a large extent to the fact that it is generally easier to
implement arbitral awards than      State  court decisions. Arbitration    under the
Organization   for the   Harmonization    of Business Law     in  Africa  (OHADA)1
incorporates the OHADA Uniform Act on Arbitration and the Arbitration Rules of
the Common Court of Justice and Arbitration (CCJA).2 Both texts facilitate the
implementation of arbitral awards, be they domestic or foreign.
I.   THE RECOGNITION AND ENFORCEMENT OF DOMESTIC AWARDS
In the OHADA context, the expression domestic awards means awards made
by arbitral tribunals whose seats are located in the OHADA States3 and who have acted
either on the basis of OHADA's Uniform Act on Arbitration4 or on the basis of the
CCJA Rules of Arbitration.'
A. RECOGNITION AND ENFORCEMENT ON THE BASIS OF THE UNIFORM ACT ON
ARBITRATION
Articles 10 and 14 of the Uniform Act on Arbitration refer to the arbitration rules
of private institutions, thus admitting indirectly that these private arbitral institutions
are legal or can be created in the OHADA States. Therefore, arbitral awards issued
according to the rules of these institutions are recognized and enforceable in these
States.
Of course, if an arbitral award is voluntarily implemented by the parties, there is
no need to seek its compulsory enforcement, but if no effect is given to the award by
the losing party, the winner needs an exequatur granted by a competent judge in the
* Sub-director of Civil and Commercial Legislation at the Ministry of Justice, Yaounde, Cameroon;
Cameroonian Member of the ICC International Court of Arbitration.
I OHADA is the French acronym of the organization which sponsored the OHADA Treaty, Organisation
pour 'Harmonisation en Afrique du Droit des Affaires. OHBLA is the English acronym of that organization, the
Organization for the Harmonization of Business Law in Africa. The former acronym is used throughout this
article. For text of the OHADA Treaty and relevant rules, see <http://www.ohada.com>.
2 See G. Kenfack Douajni, OHBLA Arbitration, 17J. INT'L ARB. 127 (No. 1, 2000).
3 The OHADA Member States are: Benin, Burkina Faso, Cameroon, Central African Republic, Chad,
Congo, Comoros, Ivory Coast, Gabon, Guinea Conakry, Guinea Bissau, Equatorial Guinea, Mali, Niger, Senegal
and Togo.
4OHADA Uniform Arbitration Act, art. 30.
OHADA Treaty, art. 21 and CCJA Arbitration Rules, art. 2
Copyright © 2007 by Kluwer Law International. All rights reserved.
No claim asserted to original government works.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most