African Arbitration: The Other Form of Justice

This book offers a comprehensive and critical analysis of arbitration in Francophone Africa (the OHADA region), examining its ability to reconcile its theoretical foundations- freedom of contract, expediency, confidentiality, and the "competence-competence" principle, with the continent's jurisdictional, institutional, and sociopolitical realities. Going beyond a descriptive overview, the book adopts a pragmatic and forward-looking approach. It highlights the remarkable advances in OHADA law while identifying the structural limitations that still hinder the effectiveness of arbitration as a credible "alternative justice" system that is accessible and adapted to African realities. Concrete proposals are put forward: the creation of a regional directory of arbitrators, the strengthening of training grounded in local practice, the reasoned adjustment of the immunity from enforcement enjoyed by public entities, the publication of anonymized awards, and the development of a genuine African arbitration culture.