OHADA is a system of business laws and institutions adopted by sixteen West and Central African nations to establish a uniform legal framework governing commerce and investment in the region.
OHADA is the French acronym for “Organisation pour l’Harmonisation en Afrique du Droit des Affaires”, which translates into English as “Organization for the Harmonization of Business Law in Africa”.
The Common Court of Justice and Arbitration (CCJA)
Headquartered in Côte d’Ivoire (Ivory Coast), the Common Court of Justice and Arbitration (CCJA) is both a judicial court and an arbitration institution responsible for supervising the administration of arbitration proceedings in OHADA member states. In cases concerning OHADA law, the CCJA takes precedence over member states’ courts.
Areas Governed By OHADA Laws
Under OHADA, the following Uniform Acts have been adopted, superseding any existing laws of the member states governing the same areas:
- General commercial law
- Company law
- Secured transactions
- Debt recovery and enforcement law
- Bankruptcy law
- Arbitration law
- Accounting law
- Law relating to the transportation of goods by road
What is the OHADA Uniform Act of Arbitration?
In 1999, OHADA states adopted a Uniform Act of Arbitration (the Uniform Act), which sets out the basic rules for any arbitration where the seat of arbitration is an OHADA member state.
Questions about OHADA? Contact Our International Arbitration Attorneys.
Our attorneys have extensive experience with OHADA laws and representing clients in arbitration proceedings in OHADA member states. One of the firm’s founding partners, Benoit Le Bars, recently authored “Uniform Business Law in Africa (OHADA rules).”
Free, confidential consultations with our arbitration lawyers are available by calling +1 415 981 4800 or filling out the form to the right.