The new Article 30 of the OHADA Uniform Act on Arbitration sets
out two main principles: a very general one for all those who are
familiar with international arbitration law and another, more
innovative, one aimed at thwarting judicial practices that delay
the enforceability of arbitral awards.
Introduction
If the resumption of the provisions of former Article 31 of the
Uniform Act of 1999 was not a big surprise, confirming that
exequatur is denied to any award obviously in breach of an
international public policy rule, it is noteworthy that it is no
longer a requirement that such international public policy rule be
shared by all OHADA Member States. The removal of this requirement
seems appropriate since the extent of the limitation was difficult
to understand in practice. Nonetheless the key point in this regard
remains jurisprudence, since the consistency of the international
public policy issue will be clarified on a case-by-case basis in
future judgments ruled
