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Periodical article Periodical article
Title:Perspectives sur l'indépendance de la justice arbitrale en Afrique Subsaharienne. Les influences croisées entre la Cour Commune de Justice et d'Arbitrage (CCJA) et l'East African Community's Court of Justice (EACJ)
Author:Bahalaokwibuye, Christian Bahati
Year:2019
Periodical:KAS African Law Study Library (ISSN 2363-6262)
Volume:6
Issue:1
Pages:114-130
Language:French
Geographic terms:Subsaharan Africa
East Africa
Subject:law
Link:https://www.nomos-elibrary.de/index.php?doi=10.5771/2363-6262-2019-1-114
Abstract:This article presents some perspectives on the timely and mutual influences between the ccja's and the eacj's arbitral systems, in promoting the independence of arbitrators. it shows that, like in the eac's treaty, arbitration is enshrined in the ohada treaty as the dispute settlement mechanism tailored to better the investment climate in the states parties. ccja is not an arbitral tribunal. it intervenes at the end of arbitral proceedings, simply to control of the arbitral award - although it does not limit itself to a formal control. the eacj, despite its choice of combining the functions of its judges with those of arbitrators, limits itself to the administration of arbitrations initiated in accordance with its arbitration rules, so as to be in line with the spirit of the principle of independence / impartiality. in that regard, we believe that reforms in the context of ccja should be inspired by eacj's arbitration system, and which seems to be more adapted to promoting the independence of arbitrators, by providing for free arbitration. since the ccja's arbitration center is attached to the court and the court has financial autonomy, it is time to take cost reduction measures, although not completely similar to those of the eacj, but intended to ensure that, for instance, nationals of the ohada area and foreign investors exempted from administrative costs of arbitration procedure. this may lead to an arbitration without influence; a credible alternative to state justice that displays the red lantern and easy access to impecunious parties, and which will lead to impartial and legitimate awards.
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