STATE IMMUNITY AND INVESTMENT ARBITRATION: CONTRIBUTION TO THE STUDY OF OHADA MEMBER STATES PARTICIPATION TO INVESTOR-STATE ARBITRATION
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Abstract
The participation of member states of the organization for the harmonization of business law in Africa (OHADA) in investment arbitration, although promoted in the recent reform of the OHADA uniform act on arbitration, is heavily limited by state immunity. The latter, considered as a natural law for states, does not allow the effective participation of OHADA member states in investor-state arbitration. However, in this type of Arbitration, which is considered to be a mixed arbitration, the principle of autonomy requires the parties to be bound by their agreement. OHADA law does not specify the fate of State immunity when a State consents to investment arbitration. With a view to taking into account both the public and private interests of the parties to investment arbitration, it is proposed that there should be a limitation of State immunity for a better participation of OHADA member States in investor-state arbitration.
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