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

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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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