Our attorneys are qualified in civil law and/or common law jurisdictions and conduct all types of institutional (including ICC, LCIA, ICSID, CCJA) and ad hoc arbitrations as well as international and bilateral investment treaty (BIT) disputes. We have developed an impressive knowledge of local legal systems applicable on the African continent, both at the national and regional level (e.g. OHADA, CEDEAO-ECOWAS, UEMOA-WAEMU, CEMAC-ECCAS, COMESA).
Law within the OHADA Region
The OHADA Treaty, an agreement between 16 African States to harmonize their business laws, is designed to:
- provide member States with a uniform set of business laws;
- promote arbitration as a means of resolving contractual disputes; and
- assist in the training of judges, lawyers and other legal personnel.
When dealing with an OHADA case, each State’s laws must be considered, including the treaties in force in the State in question.
>> More about OHADA
Law Outside of the OHADA Region
When disputes arise between parties outside of the OHADA region, the States’ national laws and any treaties in force need to be considered.
Other texts and institutions
In addition to OHADA, there are other treaties that must be examined when dealing with an African State, notably:
- UEMOA (West African Economic and Monetary Union)
- CEMAC (Economic and Monetary Community of Central Africa)
- AMU (African Monetary Union)
- SADC (Southern African Development Community)
- and more generally, bilateral and multilateral investment treaties.
>> Read more about investment arbitration
Have a question about the courts used to resolve disputes in Africa?
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