Arbitral Tribunals in the OHADA Region
When disputes arise between parties in the OHADA area who have agreed to arbitrate any disputes, they enter into arbitration through OHADA’s highest court, the Common Court of Justice and Arbitration (CCJA). The CCJA serves as:
- The Supreme Court of the Member States; and
- The arbitration center dealing with the administration of the arbitral proceedings.
The Uniform Act of Arbitration, or “Acte Uniforme relatif au Droit de l’Arbitrage,” is applicable to all arbitration proceedings when the seat of the arbitral tribunal is located in one of the OHADA member States.
Arbitral Tribunals Outside of OHADA
When parties outside of the OHADA area enter into contracts, they may decide on an arbitration agreement that is beneficial for both parties, including the seat of the arbitration and the arbitration rules. In disputes concerning Africa, the seat of arbitration can be an international arbitral tribunal, such as the ICC under ICC arbitration rules, or ICSID under ICSID arbitration rules. Additionally, the seat of arbitration may be one of many local arbitral forums, including:
- the Cairo Regional Centre for International Commercial Arbitration;
- the Permanent Court of Arbitration at the Mauritius Chamber of Commerce and Industry ;
- the Lagos Regional Centre for International Commercial Arbitration;
- the CENACOM (Center for Mediation and Arbitration of Congo) ;
- The GICAM (Center of Arbitration of Cameroon);
- the Commission for Conciliation, Mediation, and Arbitration (South Africa); and
- the Center for Conciliation and Arbitration of Tunis.
The arbitration may also take place as an ad hoc arbitration or under UNCITRAL arbitration rules.
Questions about our dispute resolution services in Africa?
Free, confidential consultations with our arbitration lawyers are available by dialing +1 415 981 4800 or by filling out the form to the right.
