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

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.

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