Home > Management > Law and management > Volume-3 > Issue-4 > Causes of Delay in the Resolution of Commercial Disputes Via Litigation: Arbitration as a Way out withn Ohada Laws

Causes of Delay in the Resolution of Commercial Disputes Via Litigation: Arbitration as a Way out withn Ohada Laws

Call for Papers

Volume-8 | Issue-3

Last date : 26-Jun-2024

Best International Journal
Open Access | Peer Reviewed | Best International Journal | Indexing & IF | 24*7 Support | Dedicated Qualified Team | Rapid Publication Process | International Editor, Reviewer Board | Attractive User Interface with Easy Navigation

Journal Type : Open Access

First Update : Within 7 Days after submittion

Submit Paper Online

For Author

Research Area


Causes of Delay in the Resolution of Commercial Disputes Via Litigation: Arbitration as a Way out withn Ohada Laws


Buma Roland Sigala

https://doi.org/10.31142/ijtsrd23940



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, pp.927-934, URL: https://www.ijtsrd.com/papers/ijtsrd23940.pdf

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.

Delay, commercial, disputes, Litigation, arbitration and OHADA


IJTSRD23940
Volume-3 | Issue-4, June 2019
927-934
IJTSRD | www.ijtsrd.com | E-ISSN 2456-6470
Copyright © 2019 by author(s) and International Journal of Trend in Scientific Research and Development Journal. This is an Open Access article distributed under the terms of the Creative Commons Attribution License (CC BY 4.0) (http://creativecommons.org/licenses/by/4.0)

International Journal of Trend in Scientific Research and Development - IJTSRD having online ISSN 2456-6470. IJTSRD is a leading Open Access, Peer-Reviewed International Journal which provides rapid publication of your research articles and aims to promote the theory and practice along with knowledge sharing between researchers, developers, engineers, students, and practitioners working in and around the world in many areas like Sciences, Technology, Innovation, Engineering, Agriculture, Management and many more and it is recommended by all Universities, review articles and short communications in all subjects. IJTSRD running an International Journal who are proving quality publication of peer reviewed and refereed international journals from diverse fields that emphasizes new research, development and their applications. IJTSRD provides an online access to exchange your research work, technical notes & surveying results among professionals throughout the world in e-journals. IJTSRD is a fastest growing and dynamic professional organization. The aim of this organization is to provide access not only to world class research resources, but through its professionals aim to bring in a significant transformation in the real of open access journals and online publishing.

Thomson Reuters
Google Scholer
Academia.edu

ResearchBib
Scribd.com
archive

PdfSR
issuu
Slideshare

WorldJournalAlerts
Twitter
Linkedin