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OHADA : Alternativement vôtre! Arbitrage et médiation

Author: Jean-Claude NGNINTEDEM et Patrick Juvet LOWE NGNINTEDEM

Type: Article : News

ref: 52018511-515

N0:5 of 2018

Pages: 511-515

At the end of the 45th session field on 23 and 24 November 2017 at Conakry in Guinea, the council of ministers of the organisation for the harmonisation of business law in Africa had revised the Uniform Act related to arbitration law and arbitration rules of the common court of Justice and Arbitration, and had adopted the Uniform Act related to mediation. Between the new law of arbitration and the new law related to mediation, the organisation for the Harmonisation of Business law in Africa is enrolled firmly in the perspective of a soft justice, freed from judicial procedural constraints. One can say precisely that if the text on arbitration brings clarification that took into consideration practical preoccupations, the text on mediation participates in the will to fill the legislative gap in most of the member states and by consequence establishes from every angle the alternative modes of disputes settlement.