Abstract

An essential requirement of justice is that it should be dispensed as quickly as possible. It is a well known adage that, « justice delayed is justice denied». Delay in litigation is caused by a number of factors. For example in litigation the parties have the right to make a counterclaim, right to make appeal etc. Arbitration has been able to overcome the factors which cause delay in litigation because in arbitration, parties are given the right to exclude the possibility to make a counterclaim, the right to make appeal has expressly been prohibited by the Organization for the Harmonization of Business Laws in Africa OHADA 1 legislator etc. But since the OHADA legislator has not expressly prohibited counter claim in arbitration, it is recommended that counterclaim should be expressly prohibited in arbitration as it is the case with appeal. This article aims at identifying the causes of delay in the disposal of commercial disputes via litigation and how these causes of delay have been combated in arbitration. Buma Roland Sigala "Causes of Delay in the Resolution of Commercial Disputes Via Litigation: Arbitration as a Way out withn Ohada Laws" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-3 | Issue-4 , June 2019, URL: https://www.ijtsrd.com/papers/ijtsrd23940.pdf Paper URL: https://www.ijtsrd.com/management/law-and-management/23940/causes-of-delay-in-the-resolution-of-commercial-disputes-via-litigation-arbitration-as-a-way-out-withn-ohada-laws/buma-roland-sigala

Authors and Affiliations