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www.ohada.com has the pleasure to inform you that Ms. MAFONGO KAMGA Aurélia Sylvia presented on July 18, 2014 at the International Relations Institute of Cameroon her masters thesis (abstract below) in International Relations specialized on International Disputes. The theme of her presentation was: “Ethics in OHADA arbitration: A study in the light of international practice”.

The jury was made up of:

• Dr. Gaston KENFACK DOUAJNI
• Pr. Grégoire JIOGUE
• Dr. Melvis NDILOSEH

From a comparative analysis stand point, Ms. MAFONGO KAMGA Aurelia Sylvia succeeded in demonstrating that ethics is at the core of OHADA arbitration. This affirms that the OHADA arbitration rules of ethics, which govern the behavior of every actor of arbitration, arbitrators and arbitration centers, are efficient in ensuring ethics in arbitration.

Based on the findings of her study, Ms. MAFONGO KAMGA asserted that the problem of ethics in arbitration has been handled with many precautions by the OHADA legislator. The principles of arbitrators' independence, impartiality and disclosure obligations are indeed at the core of the OHADA arbitration Uniform Act and very strictly enforced by the OHADA Common Court of Justice and Arbitration.

Ms. MAFONGO KAMGA's presentation led to an interesting discussion between members of the jury who unanimously agreed on awarding her an “A” grade and encouraged her to pursue a Ph.D.

Abstract

Like any jurisdictional system, arbitration relies on general rules and principles of which the aim is to guarantee to the justiciable a fair trial. The trust the justiciable place in the fair arbitral procedure is all the more important. Arbitration is a private mode for the settlement of contractual disputes. Unlike the state judge, the arbitrator does not possess the imperium to guarantee the execution of the awards he renders.

Thus, the present study, which treats the ethics in OHADA arbitration in the light of international practice, raises as general problem, the question of the rules which govern the behavior of the actors of arbitration and which guarantee to the justiciable that the arbitral award rendered will be above every suspicion which could stain its execution in optimal conditions.

The answer to this fundamental question of arbitration law and the OHADA arbitration law in particular is in two folds:

1. The examination of the ethical obligations of arbitrators who constitute the principal guarantors of the good quality of the arbitral awards rendered, and
2. The analyzes of the obligations of other persons who are implicated in the OHADA arbitral procedure, in particular parties, arbitration centers and or institutions as well as the State judge who can intervene to assist the arbitral procedure, or to control the regularity of arbitral awards.

For all information, please contact:

Ms. MAFONGO KAMGA Aurélia Sylvia
Email: kamgaaurelia@gmail.com