Effectiveness of the Recognition and Enforcement of the OHADA's Arbitral Award
Type de ressource
Auteur/contributeur
- Rezara, Juvelin (Auteur)
Titre
Effectiveness of the Recognition and Enforcement of the OHADA's Arbitral Award
Résumé
OHADA is amongst an international organization which consists of arbitral tribunal within some regions in Africa in handling international investment and commercial disputes. Henceforth, the purpose of this study is to examine the effectivity of the enforcement of arbitral awards under the perspectives of OHADA arbitration rules. The study axed through qualitative approach by interpreting legal rules, analyzing cases and commenting the weakness of the charter in terms of enforcement and recognition of arbitral awards. The decision of OHADA arbitral tribunal shall contain intrinsically legal binding to member countries, however it leads problematics as the enforcement and recognition rules may be different in every country involved. Hence, the study interpreted the legal rules concerning enforcement and recognition of arbitral awards and the effectiveness of the rules. In addition it exerted also the challenges and significant recommendation for improving arbitration rules relating to enforcement of the awards. It is found that the weakness of the arbitral awards locates on refusal of concerned State to enforce the awards under the domestic law due to conflict of interest.
Publication
International Journal of Social Science and Human Research
Volume
5
Numéro
3
Pages
1159-1165
Date
2022-03-31
Abrév. de revue
IJSSHR
Langue
EN
ISSN
2644-0695
Référence
Rezara, J. (2022). Effectiveness of the Recognition and Enforcement of the OHADA’s Arbitral Award. International Journal of Social Science and Human Research, 5(3), 1159–1165. https://doi.org/https://doi.org/10.47191/ijsshr/v5-i3-58
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