Bibliographie sélective OHADA

In light of accelerating technological innovation and shifts in dispute resolution paradigms, this article elucidates the transformative potential of blockchain technology and smart contracts in mediation. The paper posits that these advancements offer an innovative framework for dispute avoidance and a more efficient, transparent process for resolving conflicts, particularly in commercial settings. The article critically assesses the inherent challenges and argues that overcoming these obstacles necessitates a multi-stakeholder approach, encompassing legislative measures, educational initiatives, and technological enhancements. It ultimately contends that blockchain and smart contracts hold the capacity to significantly reshape the landscape of mediation.

International arbitration is often presented as an efficient and appropriate alternative to domestic court systems for resolving conflicts. For international arbitration to be effective, it is essential that the procedure adopted be open and accountable. This article will discuss the significance of openness in international arbitration and how it may promote justice, foster trust, and avoid corruption and misbehaviour.

The research is premised on two important developments, accelerating technological innovation and shifts in dispute resolution paradigms. These advancements offer an innovative framework for dispute avoidance and a more efficient, transparent process for resolving conflicts, particularly in commercial settings. To make this case, we use blockchain technology and smart contracts as technological exemplars, and mediation as an example of dispute resolution mechanism that can be positively impacted by the use of the relevant technology. The potential of these technologies to promote dispute avoidance and the emerging legal frameworks for resolving blockchain technology and smart contract disputes were also explored. We also examine how blockchain technology and smart contracts can be integrated into the mediation process, the advantages, challenges, and possible solutions.