El reconocimiento y ejecución de laudos arbitrales en el Derecho de la OHADA

Abstract

This article focuses on the legal framework applicable to the recognition and enforcement of arbitral awards underOHADA law by identifying the relevant rules and analyzing the practical modalities of applying this regime. Arbitration can only fully achieve its effectiveness if the award rendered is guaranteed enforcement. In this regard, recognition and exequatur constitute essential mechanims that ensure the effectiveness of arbitration. Under OHADA law, two distinct procedures coexist depending on the type of arbitration. Awards issued within the framework of institutional arbitration before the Common Court of Justice and Arbitration benefit from automatic recognition and a region–wide exequatur. In contrast, in ad hoc arbitration, recognition and enforcement requests must be submitted before the competent national court of the relevant Member State.