IS THE ROLE OF PARTY AUTONOMY UNDER OHADA IN INTERNATIONAL COMMERCIAL ARBITRATION ABSOLUTE OR QUALIFIED?
Downloads
DOI:
https://doi.org/10.55662/IJLDAI.2022.8309Keywords:
Party autonomy, international commercial arbitration, OHADA, lex arbitri, arbitration agreement, arbitration, Arbitral Tribunal, Arbitral Proceedings and National CourtsAbstract
Modern day society has embraced alternative dispute settlement system with both hands. Standing out amongst all is the process of arbitration. You can ask why this different approach? Is it not an encumbrance to the legal system? The rationale working behind this popularity is the flexibility of the process of arbitration. This could only be secured due to the working principle of party autonomy. The principle of party autonomy, in a general sense, started to develop in the eighteenth century and has been widely accepted throughout the world. It has been recognised by international conventions, arbitration rules, regulations and above all the OHADA Law. Party autonomy is one of the most attractive features of international arbitration. However, parties do not have absolute freedom to determine the arbitration process. This article examines the principle in context, its role and the extent on the one hand, and its derogations on the other hand.
External References to this Article
Loading reference data...
Readership Data
Refreshing Cached Analytics Data
The cached analytics data has become stale and journal.thelawbrigade.com is making a fresh request to fetch the latest data from Google Analytics. This may take 20-30 seconds depending on the server response time from Google Analytics. Please do not close the browser during this time. We appreciate your patience.
License Terms
Ownership and Licensing:
Authors of research papers submitted to any journal published by The Law Brigade Publishers retain the copyright of their work while granting the journal specific rights. Authors maintain ownership of the copyright and grant the journal the right of first publication. Simultaneously, authors agree to license their research papers under the Creative Commons Attribution-ShareAlike 4.0 International (CC BY-SA 4.0) License.
License Permissions:
Under the CC BY-SA 4.0 License, others are permitted to share and adapt the work, even for commercial purposes, provided that appropriate attribution is given to the authors, and acknowledgment is made of the initial publication by The Law Brigade Publishers. This license encourages the broad dissemination and reuse of research papers while ensuring that the original work is properly credited.
Additional Distribution Arrangements:
Authors are free to enter into separate, non-exclusive contractual arrangements for distributing the published version of the work (e.g., posting it to institutional repositories or publishing it in books), provided that the original publication by The Law Brigade Publishers is acknowledged.
Online Posting:
Authors are encouraged to share their work online (e.g., in institutional repositories or on personal websites) both prior to submission and after publication. This practice can facilitate productive exchanges and increase the visibility and citation of the work.
Responsibility and Liability:
Authors are responsible for ensuring that their submitted research papers do not infringe on the copyright, privacy, or other rights of third parties. The Law Brigade Publishers disclaims any liability for any copyright infringement or violation of third-party rights within the submitted research papers.
Citation Metrics
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
Copyright © 2026 by Dr Edie Diabe Pascal
The copyright and license terms mentioned on this page take precedence over any other license terms mentioned on the article full text PDF or any other material associated with the article.
How to Cite
Citations List
