The Arbitral Tribunal, the Force of its Decisions in the OhadaSystem: Critical Analysis of the Authority and Enforcement ofArbitral Awards through the Lens of CCJA
Résumé
Recourse to arbitral tribunals is experiencing a boom within the OHADA space. The advantages offered by this method of dispute resolution make it the preferred choice for many individuals seeking swiftness in the management of their disputes. The OHADA legislature therefore deemed it important, for the benefit of the business world, to establish a Uniform Act on arbitration: the Uniform Act on Arbitration Law, adopted on November 23, 2017, in Conakry, and entered into force on March 15, 2018. It should be noted that this UAA constitutes the common law of ad hoc arbitration. It coexists with the CCJA Arbitration Rules of November 23, 2017, which govern institutional arbitration administered by the Court itself. However, the procedural rules are identical and result in a decision known as an arbitral award. Does this award, at the enforcement stage, carry the same force as decisions rendered by state judges? In light of the texts and practice, it must be said that the force of the arbitral award lies in its res judicata authority and its subsequent enforceability. We may confidently state that there is a consecration of an enhanced force of the OHADA arbitral award, and by extension, of the authority of the arbitral tribunal notwithstanding the restrictive enumeration of grounds for recourse before state courts, which may even refuse to grant exequatur.
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