The Applicability of Mediation as an Alternative Dispute Resolution Mechanism under OHADA Law
Type de ressource
Auteur/contributeur
- Leinyuy, Kifemmabuh Antonia (Auteur)
Titre
The Applicability of Mediation as an Alternative Dispute Resolution Mechanism under OHADA Law
Résumé
Almost 20 years after it adopted the Uniform Act on Arbitration, OHADA revised its Uniform Act on Arbitration and adopted a new Uniform Act on Mediation along with the fresh set of arbitration rules of the Common Court of Justice and Arbitration in Abidjan. These three texts were revised with the assistance of consultants. Among other changes, with the 2018 Uniform Act on Mediation, a solid platform for the use of mediation in the region is now in place. The ability of mediators to carry out their adjudication function with judicial intervention remains a major challenge by parties under the OHADA zones. In this light, the worry which this article seeks to uncover is how the new mediation law is applicable
and facilitates the amicable settlement of investment disputes. The article also highlights the legal basis regulating the mediation process as a whole. In attaining these objectives, we employ doctrinal research methodology. The article
conclude with vigorous recommendations which if effectively implemented will go a long way to enhance business (investment) security.
Publication
Scholars International Journal of Law Crime and Justice
Volume
3
Numéro
4
Pages
112-116
Date
2020-04-30
Langue
EN
ISSN
2617-3484
Catalogue de bibl.
OpenAlex
Extra
OpenAlex: https://openalex.org/W3035045968
Référence
Leinyuy, K. A. (2020). The Applicability of Mediation as an Alternative Dispute Resolution Mechanism under OHADA Law. Scholars International Journal of Law Crime and Justice, 3(4), 112–116. https://doi.org/10.36348/sijlcj.2020.v03i04.005
Thématiques
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