التفاصيل البيبلوغرافية
| العنوان: |
Getma v Republic of Guinea-mplications for African arbitration. |
| المؤلفون: |
Sarkodie, Kwadwo1 ksarkodie@mayerbrown.com, Otoo, Joseph1 jotoo@mayerbrown.com |
| المصدر: |
Arbitration International. Mar2017, Vol. 33 Issue 1, p167-173. 7p. |
| مصطلحات موضوعية: |
*INTERNATIONAL arbitration, *INTERNATIONAL courts, *ARBITRATORS, LEGAL judgments, U.S. states |
| مصطلحات جغرافية: |
GUINEA |
| الشركة/الكيان: |
ORGANISATION pour l'harmonisation en Afrique du droit des affaires |
| مستخلص: |
Against a backdrop of the increasing activity and prominence of African arbitration institutions, this case note takes a detailed look at a recent high-profile case concerning one of the major African arbitration bodies, the OHADA Common Court of Justice and Arbitration (CCJA), and looks at what lessons may be drawn for African arbitration. In Getma International v Republic of Guinea, a US court refused to confirm and enforce an arbitration award in favour of French company Getma International, which was subsequently annulled by the CCJA. The CCJA annulled the arbitral award after it was found that the arbitrators had breached their mandate and the rules of the court by negotiating directly with the parties to secure an increase in their fee, in breach of the CCJA's fee scale. A particular feature of this long running saga was the unusual step the arbitrators took in publicly criticizing the CCJA in an open letter to the international arbitration community, spurring extensive comment and discussion. This piece goes further than just commenting on the US court decision and considers some of the wider questions and implications for African arbitration more generally. [ABSTRACT FROM AUTHOR] |
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| قاعدة البيانات: |
Business Source Index |
