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Tag Archives: OHADA

OHADA Arbitration: Reforms adopted to keep the system modern

An updated framework for arbitration The twin pillars of OHADA – the Uniform Act on the Law of Arbitration and the Rules of Arbitration of the CCJA – have now been updated. On 15 March 2018, three new texts adopted by the OHADA Council of Ministers will enter into force. A revised Uniform Act on Arbitration Law, the revised Rules of Arbitration of the Common Court of Justice and Arbitration (“CCJA”) and a new Uniform Act on Mediation. The revised texts were adopted by the Council in November 2017 and

OHADA’s Supreme Court, the CCJA, provides further clarity on arbitral proceedings

ABSTRACT The Common Court of Justice and Arbitration (CCJA), the Supreme Court of the OHADA international organization consisting of 17 African State members, has recently published three decisions relating to annulment proceedings. One is of particular interest as it clarified situations where the right to request an annulment had not been waived and where arbitrators were not deemed to have exceeded their powers. The decision demonstrates that the requirements for an annulment or to waive the right to request one are set at a high threshold, showing the court’s support

OHADA’s Supreme Court, The CCJA, publishes 30 recent decisions, and demonstrates support for arbitration

Abstract The Common Court of Justice and Arbitration (CCJA), the supreme court of the OHADA international organization consisting of 17 African State members, has recently published a range of recent decisions. In one decision, the CCJA demonstrates its support for arbitration and the arbitral process, holding that an arbitral tribunal must have jurisdiction to prevent a denial of justice where a national court had declined jurisdiction. A new wave of CCJA Decisions The recent publication of 30 new decisions by the CCJA, the Supreme Court of OHADA law, will provide

Arbitrating in Africa: Enforcement Regimes for Arbitral Awards

It is widely accepted that the ease of enforcement of foreign arbitral awards is one of the key components of a strong arbitration regime. Whilst Africa is an incredibly diverse continent, with different legal systems in each country, the enforcement regimes for arbitral awards for the majority of countries across Sub-Saharan Africa fall broadly within three categories: States that are party to the New York Convention. States that are party to the OHADA regime. States that are neither party to the New York Convention nor the OHADA regime. The New