DU DESSAISISSEMENT DU JUGE ETATIQUE FACE A LA CONVENTION D’ARBITRAGE EN DROIT DE L’OHADA
THE STATE JUDGE'S RELINQUISHMENT OF JURISDICTION OVER ARBITRATION AGREEMENTS UNDER OHADA LAW

Summary/Abstract: The use of arbitration instead of state judges is increasingly popular in the business world. The parties to contracts thus prefer to choose a judge more quickly and less cumbersomely, with more confidentiality and less publicity. If the advantages of resorting to arbitration are undoubted, its effects leading to the total withdrawal of state jurisdictions attract the attention of many. The incompetence of the judge due to arbitration then tends to completely rule out the latter, which merits a better understanding of the powers and competence of the arbitrator and a good understanding of the place of the state judge in the arbitration procedure.

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