Effectiveness of the Recognition and Enforcement of the OHADA`S Arbitral Award

Abstract

OHADA is amongst an international organization consists of arbitral tribunal within regions in Africa to deal with international disputes on investment and commercial related. Henceforth, the purpose of the study examines the effectivity of arbitral awards enforcement 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 effect to country members, 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, effectiveness of the rules. In addition it exerted also the challenges and significant recommendation for improving the arbitration rules on enforcement of arbitral awards. It is found the weakness of the arbitral awards locates on refusal of concerned State to enforce the awards under the domestic law for undefinable conflict of interest.