Comparative Study Between OHADA Arbitration System And Chinese Arbitration System

Nowadays the world steps into a stage with accelerated economic turmoil, pattern adjustment and system transformation. At the background of world financial crisis, the China-Africa Cooperation will continue to expand, to conquer the impact of financial crisis together. Therefore, most Chinese investors concern how to deepen the understanding of Africa legal systems and clear the differences between Chinese legal system and Africa legal systems thus to forecast a variety of legal consequences in economic activity.OHADA is a regional international organization created by 16 West Africa countries whose purpose is to coordinate the commercial law of Member States and harmonize domestic legislation of Member States in order to reduce trade barriers, promote investment and develop national economy. OHADA has become one of the most influential organizations on business law harmonization in Africa. Its main achievements were the development of eight uniform laws. Uniform Law of Arbitration is one of them.Meanwhile, Common court of justice and arbitration (CCJA), as OHADA's highest judicial body is an arbitration center which has its own set of arbitration rules. Therefore, OHADA arbitration system, including the two sub-systems, one is"uniform law of arbitration"sub-system and another is CCJA sub-system. OHADA arbitration system has become the main mechanism to resolve regional commercial disputes. China's arbitration system includes"Arbitration Law"enacted in 1994, provisions on arbitration in"civil procedure law"and related judicial interpretation, which is a single Arbitration system.Arbitration is generally accepted as a method of commercial dispute resolution in today's international community .It shows some convergence worldwide. Therefore, the basic principles of OHADA arbitration system and the arbitration system in China present some similarity. However, because of differences of geography, historical development, economic development, the two systems are different in many aspects, such as the definition of arbitration, classification of arbitration and the origin of the arbitration law. In addition, as for the specific terms of the arbitration system, the two systems shows similarities and differences in the scope of the arbitration, the arbitration agreement, arbitration organization, application and acceptance of arbitration, the arbitration proceedings and awards. Comparing with Chinese arbitration system, OHADA arbitration system is more open, more supportive to arbitration.All in all, we can clear main difference of this two systems in arbitration theory and basic arbitration systems through comparative study, which is instructive for non-Chinese investors in the Settlement of Investment Disputes. Meanwhile, we can also draw some lessons from OHADA arbitration system to amend China's"Arbitration Law".