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100 1  Kodo, Mahutodji Jimmy Vital.
245 10 Arbitration in Africa under the OHADA Rules / |cMahutodji Jimmy Vital Kodo.
260    Den Haag : |bKluwer Law International, |c2020.
300    xxxiii, 314 p. ; |c25 cm.
504    Includes bibliographical references and index.
520 3  Arbitration in Africa under OHADA Rules is the first-ever publication in English on the topic globally. Over recent decades, African countries have witnessed an increase in international investment, which has led to the need for a harmonized legal environment across borders creating, inter alia, a modern arbitration system. The 1993 Treaty establishing the Organization for the Harmonization of Business Law in Africa (OHADA) took a giant step toward meeting this need and improved and consolidated its achievements with major arbitration-related revisions enacted in 2017 that came into force in 2018. This book, the first systematic analysis in English, elucidates in detail the ad hoc and institutional arbitration regimes that characterize the system. It aims to keep the practitioners abreast of all that they need to know to conduct arbitral proceedings efficiently in any of the OHADA’s seventeen Member States.
520 3  OHADA’s dual arbitration system illustrates best practices and the core principles of international arbitration. The following special features are analyzed in this book: ad hoc and institutional arbitration under the Uniform Act on Arbitration (UAA) and institutional arbitration administered by the Common Court of Justice and Arbitration under its Regulations on Arbitration (CCJA Arbitration Rules); implementation of these instruments by the courts of the Member States and the CCJA; types of persons who can resort to arbitration under the two arbitration regimes, including natural and legal persons and States Parties to the Treaty; types of disputes likely to be resolved by arbitration under the two arbitration regimes, including contractual and investment-related disputes; acceptance and validity of the arbitration agreement; remedies and recourse against arbitral awards; and effects of arbitration agreements, including foreign recognition and enforcement.
505 0  • About the Author • Foreword • Preface • List of Abbreviations • Acknowledgments • Introduction • PART I: The Arbitration Agreement • CHAPTER 1: Formation, Validity and Legality of Arbitral Agreements • PART II: The Arbitration Procedure • CHAPTER 2: Selection, Challenge and Replacement of Arbitrators\ • CHAPTER 3: Rights and Duties of Arbitrators • CHAPTER 4: Selection of Arbitral Seat • CHAPTER 5: Parties’ Choice of the Procedure • CHAPTER 6: Evidence and Discovery • CHAPTER 7: Provisional Measures • CHAPTER 8: Consolidation, Joinder and Intervention • CHAPTER 9: Confidentiality • CHAPTER 10: Legal Representation and Professional Conduct • PART III: The Arbitral Award • CHAPTER 11 Legal Framework for the Award • CHAPTER 12: Form and Content of Arbitral Awards • CHAPTER 13: Correction, Interpretation, and Supplementation of an Arbitral Award • PART IV: Annulment, Third-Party Opposition and Revision of Arbitral Awards • CHAPTER 14: Grounds for the Annulment of Arbitral Awards • CHAPTER 15: Procedure and Consequences of the Annulment of Awards • CHAPTER 16: Third-Party Opposition and Revision of Arbitral Awards • PART V: Recognition, Enforcement & Other Effects of Awards • CHAPTER 17: Recognition and Enforcement of Arbitral Awards • CHAPTER 18: Preclusions, Lis Pendens and Stare Decisis • APPENDIX I: Title IV of the OHADA Treaty on Arbitration • APPENDIX II: Regulation of the CCJA on Arbitration • APPENDIX III: Uniform Act on Arbitration • APPENDIX IV: Reduction of Time Limits Before the CCJA • Bibliography • Glossary • Cases and Precedents • Table of Legislation • Index