Anti-suit Injunctions under OHADA Law: Could this Mechanism Turn the Tide?

Khadidjatou Yassine Sangare, Margaret Liu

Research output: Contribution to journalArticlepeer-review

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Abstract

The trend of anti-suit injunctions for arbitration of competition claims is an increasing feature of the commercial world in more recent years. This article critically assesses the public policy concerns have been chief among the reasons for arbitral award enforcement to ensure the legitimate interest in the enforcement of antitrust law. It takes a leading position to discuss the potential advantages of anti-suit injunction mechanism in the OHADA region as well as the potential drawbacks. The findings suggest that anti-suit injunctions appear to be an appropriate tool that would benefit OHADA legislation although some uncertainties might occur in the inclusion of anti-suit injunctions in OHADA arbitration.
Original languageEnglish
Article number12
Pages (from-to)145-156
Number of pages12
JournalGlobal Competition Litigation Review
Volume15
Issue number4
Publication statusPublished - 20 Nov 2022

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Keywords

  • Africa
  • Anti-suit injunctions
  • Arbitration
  • Competition law
  • OHADA

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