Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
  1. Home
  2. Search

Refine search

Refine search

Access:
Content type:
Publication date:
Apply   From and To filters
Subject: Show more
Journals Show more
Publishers: Show more
Societies Show more
Series: Show more
Collections: Show more

Actions for selected content:

Select all | Deselect all
  • View selected items
  • Export citations
  • Download PDF (zip)
  • Save to Kindle
  • Save to Dropbox
  • Save to Google Drive

Save Search

You can save your searches here and later view and run them again in "My saved searches".

Please provide a title, maximum of 40 characters.
Cancel
×

1 results

  • 17 - Multi-tier Dispute Resolution under OHADA Law

  • from Part III - Multi-tier Dispute Resolution in the Wider World
  • Edited by Anselmo Reyes, Weixia Gu, The University of Hong Kong
  • Book:
    Multi-Tier Approaches to the Resolution of International Disputes
    Published online:
    09 December 2021
    Print publication:
    16 December 2021, pp 397-414

  • Summary

    Arbitration has long been regarded as the most efficient form of adversarial dispute settlement in the OHADA region. However, it has recently come under heavy criticisms for being at times slow and expensive. Consequently, in 2017, the OHADA Council of Ministers adopted a new Uniform Act on Mediation and revised the Arbitration Rules of Procedure of the Common Court of Justice and Arbitration as well as the Uniform Act on Arbitration Law. Interestingly, these new rules allow the enforcement of multi-tier dispute resolution clauses. Although multi-tier dispute resolution clauses will likely slowly become more present in contractual agreements in the OHADA region, their enforceability faces multiple challenges, such as the combination of mediation and arbitration with the same neutral and the use by the parties of mandatory language to clearly express their intent to be bound by a multi-tiered resolution clause.