A Comparative Study Of International Commercial Arbitration Law: OHADA And People’s Republic Of China

Today the arbitral justice has experienced an exceptional development. It is a universal phenomenon which requires the involvement of all economic and legal players of developed and developing countries. This article aims to compare two legal systems in the international commercial arbitration field:the legal system of OHADA1 and the PRC’s legal system.OHADA is a common business law and wish to secure legal security for regional and foreign economic agents by offering a vast economic space. China is an emerging country which increases its economic outlets in a context of globalization. This natural interdependence will increase the scope of economic exchanges, which may generate some disputes in businesses. This ambitious comparative work concerned many field in arbitration matter. In this way, the first chapter focused on the legal basis of OHADA and PRC arbitral systems and the problem of applicable law in international commercial arbitration. The second chapter highlighted the arbitration agreement and its implications in OHADA and PRC arbitral systems, with the ad hoc arbitration and the institutional arbitration. The third chapter analyzes the leading arbitral institutions in OHADA and PRC arbitral systems (CCJA, CIETAC and BAC) with a look at the role and ethics of International arbitrators. And the fourth chapter attempts to verify the effectiveness of the arbitral awards in OHADA and PRC arbitration laws, and in what conditions the parties can use the remedies.