Enforcement of international arbitral awards in developing and developed countries
: A comparative study between the OHADA Regime and the United Kingdom

  • Khadidjatou Yassine Sangare

    Student thesis: Doctoral ThesisDoctor of Philosophy


    International arbitration has significantly developed and expanded over the years in light
    of the high volume of cross-border commercial contracts containing arbitration clauses.
    This has led to a substantial growth of arbitrations worldwide, specifically in Sub-Saharan
    Africa, which is recognized as one of the fastest-growing regions worldwide. This growth
    has led to commercial disputes and, consequently, the establishment of the Organization
    for the Harmonization of Business Law in Africa (hereinafter OHADA), as well as the need
    to resort to alternative dispute mechanisms such as arbitration.
    This thesis aims to assess the enforceability of arbitral awards in developing and
    developed countries through a comparative study, with a special focus on the OHADA and
    the UK regime.
    The study consisted of two phases: doctrinal and mixed-methods research, with the aim
    to critically examine what lessons the OHADA regime can draw on English law.
    The first phase involves the use of secondary sources. Analysis of the findings helped
    establish a new theory to implement in the OHADA region: anti-suit injunctions. The
    findings revealed that incorporating the common law concept into the OHADA civil law
    system could potentially yield substantial benefits. This would help streamline the
    arbitration proceedings within the OHADA framework, thereby mitigating the risk of dilatory
    The second phase involves empirical methods through semi-structured interviews and
    survey questionnaires. The findings demonstrate that while the 2017 reform of the OHADA
    arbitration framework introduced commendable innovations, the OHADA legislator missed
    the opportunity to address unresolved issues and inconsistencies within the OHADA texts.
    Although the revised Uniform Act on Arbitration appears to meet international standards
    and best practices, it is submitted that certain provisions in the OHADA Treaty and the
    CCJA rules contradict substantial elements of the Act. These articles are analysed through
    a comparative perspective in the study. Thus, it is hoped that the legislator takes the
    necessary steps to amend the relevant provisions in a forthcoming reform so as to aspire
    to achieve the OHADA objectives of harmonization and further promote legal certainty in
    the realm of arbitration.
    The main beneficiaries of this study are the Common Court of Justice and Arbitration, the
    OHADA institutions, practitioners, experts, academics and students.
    Date of AwardJul 2023
    Original languageEnglish
    Awarding Institution
    • Coventry University
    SupervisorMargaret Liu (Supervisor) & Stuart MacLennan (Supervisor)

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