West Africa: The Actions of the OHADA Arbitral Tribunal in the Face of Corruption
Article from: TDM 3 (2013), in Corruption and Arbitration
Abstract
There is no provision within the OHADA Uniform Act on Arbitration that specifically empowers arbitrators to rule upon the existence of corruption in a contract and/or make an award against an allegedly corrupt party. Thus, this paper seeks to determine whether arbitrators within the OHADA jurisdiction may inquire into and rule on the existence of corruption in light of their obligation to issue awards consistent with international public policy. This is premised on the contention that corruption constitutes a violation of international public policy because it is contrary to the ...