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from Part III - Multi-tier Dispute Resolution in the Wider World
Published online by Cambridge University Press: 09 December 2021
Arbitration has long been regarded as the most efficient form of adversarial dispute settlement in the OHADA region. However, it has recently come under heavy criticisms for being at times slow and expensive. Consequently, in 2017, the OHADA Council of Ministers adopted a new Uniform Act on Mediation and revised the Arbitration Rules of Procedure of the Common Court of Justice and Arbitration as well as the Uniform Act on Arbitration Law. Interestingly, these new rules allow the enforcement of multi-tier dispute resolution clauses. Although multi-tier dispute resolution clauses will likely slowly become more present in contractual agreements in the OHADA region, their enforceability faces multiple challenges, such as the combination of mediation and arbitration with the same neutral and the use by the parties of mandatory language to clearly express their intent to be bound by a multi-tiered resolution clause.
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