Adopted on 23 november 2017 to replace the initial text of 11 march 1999, the new uniform act on arbitration law uaa constitutes the ordinary law of arbitration for all ohada member states. The arbitration uniform act supplies the default rule for ad hoc ar b i t r a t i o n i n c o n t r a c t s containing an arbitration clause or arbitration agreement subject to ohada. The ohada arbitration act is potentially applicable for arbitrations with their seat in benin, burkina faso, cameroon, central african republic, comoros, the democratic republic of congo exzaire, the ivory coast, gabon, guinea, guineabissau, equatorial guinea, mali, niger, the republic of the congo congobrazzaville, senegal, chad and togo. Favouring alternative dispute resolution mechanisms, the ohada council of ministers adopted on 23 and 24 november 2017 three major texts. The boundaries, colors, denominations, and other information shown on any map in this work do not imply any judgment on the part of the. His publications include the commentary on ohada uniform. It supersedes the national laws on arbitration of the ohada states. Support is provided by the ohada common court for justice and arbitration based in abidjan, cote divoire which can rule on the application and interpretation of the uniform arbitration act. The law is currently preempted in almost all contexts by the 1925 faa this arbitration act was drafted as a model. In 1999 it adopted the uniform act on arbitration, which it subsequently revised in 2014. In such case, he shall state in the report their full names, occupation and residence. International finance corporation and the ohada permanent secretariat do not guarantee the accuracy of the data included in this work.
Article 2 any natural person or corporate body may recourse to arbitration on rights of which he bas free disposal. Uniform interpretation of the laws is further aided by the existence of the common court. Narcisse aka is the secretary general of the arbitration centre of the ohada ccja and teaches the law of arbitration at the ohada higher regional school of magistracy ersuma. The uniform act on mediation, the new uniform act on the law of arbitration and the revised rules of arbitration of the common court of justice. Provides for the recognition and enforcement of arbitration agreements and arbitral awards. Uniform act on arbitration law date and place of adoption. The act is directly applicable in all member states and overrides any conflicting provisions of domestic legislation. 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. The main purpose of this law was to create one way to go about making an arbitration in the united states law. The second step is that the documents that is the award and arbitration agreement if. Almost 18 years after the uniform act on ohada arbitration law was adopted and the common court of justice and arbitration created the ccja, the ohada council of ministers has adopted three new, very important, texts for arbitration and dispute resolution within the ohada area. This uniform act shall be the law governing arbitration in the states parties. In addition to institutional arbitration under the ccja, however, ohada also provides for ad hoc arbitration under the uniform act on arbitration uaa, as adopted in 1999. An impact assessment of ohada reforms uniform acts on commercial, company, secured transactions, and insolvency ifcs ohada investment climate program 20072017 6.
The uniform arbitration act unifies the arbitration laws in ohada member. November 23, 2017 in conakry guinea date of publication in the official journal of ohada. Feb 24, 2014 legal integration in francophone africa results in particular from the uniform acts adopted by the organization for the harmonization of business law in africa ohada, established by the treaty signed in port louis mauritius on 17 october 1993 as amended in quebec on 17 october 2008. Uniform act on cooperatives, enacted december 15, 2010. Common court of justice and arbitration ccja and the regional superior. The council of ministers of the organization for the harmonizationin africa of businesslaw ohada. The uniform arbitration act was an act that originated in the year 1955. For example, in light of the muchdiscussed getma v guinea case, in november 2017, the organisation for the harmonization of business law in africa ohada council of ministers adopted the uniform act on mediation, and updated two other texts, the new uniform act on the law of arbitration and the revised rules of arbitration of the common court.
Ohadas 17 african states adopt the uniform act on mediation. It was created by the national conference of commissioners on uniform state laws nccusl. This uniform act shall govern any arbitration when the seat of the. Cameroon ratified the icsid convention on 3 january 1967 and the new york convention on. This uniform act shall apply to any arbitration when the seat of the arbitral. The work of ohada has so far produced uniform laws in two tranches. This uniform act shall apply to any arbitration when the seat of the arbitral tribunal is in one of the member states. States and other territorial public bodies as well as public establishments may equally be parties. Arbitration law accounting law this uniform act applies to all contracts for the carriage of goods by road when the merchandise pickup and delivery points, as shown in the contract, are located in an ohada member state or in two states where at least one of them is an ohada member state. The traders status, the trade and personal property credit register, commercial leases, business, trade middlemen, commercial sales. Furthermore, any merchant or any entrepreneur shall remain subject to the laws not contrary to this uniform act that are applicable in the state party where is located his establishment or registered office.
For some ohada member states, the uniform act on arbitration filled the void where there. One of these acts is the ohada uniform arbitration act, with provisions on the administration of arbitral proceedings and the execution of arbitral awards. The revision of the uniform act on arbitration and of the arbitration rules of the common court of justice and arbitration are a turning point that serves to promote arbitration in the ohada region, which since its introduction in 1999 has failed to gain a significant following. Ohada uniform arbitration act along similar lines to the uncitral model law. Posted on february 20th, 2018 by thomas kendra and adeela khan ohada arbitration. This uniform act shall be applicable to any arbitration when the seat of the arbitral. Arbitral awards are given final and binding status in all ohada member states, on a par with a judgment of a national court. With regard to the rules to govern trade middlemens contracts, the ohada uniform act has an extensive approach taking into account at the same time its provisions, the standard rules of agency entailed in. Ersuma hereby announces the publication of the ninth issue of its monthly bulletin called ersuma bulletin of professional practice bepp.
The uniform act is based on the uncitral model law. Under article 25, awards rendered under the uniform arbitration act are not subject to appeal in domestic courts, but subject to a petition for annulation a far narrower challenge under competent domestic judges, whose. Article 2 any natural or legal person may resort to arbitration with respect to any rights on which she has the free disposal. He is the former secretary general of the court of arbitration, ivory coast chamber of commerce and industry. A unique and innovative uniform regime for the recognition and enforcement of settlement agreements is being implemented in the 17 states, with possible remedies before local courts and the ohada regional court the common court of justice and arbitration. Reforms to ohada arbitration law the arbitration brief. The bailiff or processserver may take pictures of the attached property. Organization for the harmonization of business law in africa. Pdf icon organization for the harmonization of business law in africa ohada the uniform acts in. The twin pillars of ohada the uniform act on the law of arbitration and the rules of arbitration of the ccja have. Arbitration law accounting law this uniform act applies to all contracts for the carriage of goods by road when the merchandise pickup and delivery points, as shown in the contract, are located in an ohada member state or in two states where at least one. Uniform act relating to the transportation of goods by road 9. The witnesses shall sign the original and copies of the report. On 15 march 2018, three new texts adopted by the ohada.
Ohada includes 17 member states member state of west and central africa, almost all of. Article 1 of ohada arbitration law state that the vocation of the uniform act is to apply to. Ohada updates its law on arbitration and implements a new act. This uniform act shall apply only to arbitral proceedings, instituted after its entry into force. The reform seeks to enhance legal certainty and contribute. Dec 07, 2017 favouring alternative dispute resolution mechanisms, the ohada council of ministers adopted on 23 and 24 november 2017 three major texts. Consistent with other ad hoc practices, the ad hoc provisions of the uaa, which apply to any arbitration whose seat is in an ohada member state, are generally nonimperative. In november 2017, 17 states of subsaharan africa adopted the uniform act on mediation the result. Home legal developments and cases ohada arbitration. Ohada uniform act also introduced provisions in cross border insolvency that. The photographs shall be kept by him for purposes of verification of the attached property. A revamped act governing arbitration in the 17 african states of the organization for the harmonization of business law in africa, ohada, has entered into force, with new provisions on investorstate arbitration and strict time limits for recognising and enforcing awards. Online publication of the new ohada laws on arbitration. Ohada is the french acronym for the organisation for the harmonisation of business law in africa, which was founded on 17 october 1993 with the port.
Considering the report by the ohada permanent secretariat and the. Effectiveness and remedies of arbitral awards in ohada 1s. Ohada uniform act on arbitration arbitration notes. At its meeting held on 23 and 24 november 2017 in conakry guinea, the ohada council of ministers adopted three major texts that boost the organizations normative arsenal on alternative dispute resolution.
The opposing party shall, under pain of forfeiture and in the same act as the opposition. A new uniform act organizing collective proceedings for wiping off debts dated 10 september 2015 the uniform act has been published in the ohada official gazette on 25 september 2015 and will enter into force on 24 december 2015. The practice of mediation, although it already has legislative support in burkina faso, ivory coast, and senegal, will be substantially expanded in the region with the ohada states adoption of the uniform act on mediation. They shall not in their decisions rely on grounds, explanations or documents referred to or. Uniform act relating to general commercial law adopted on april 17,1997 and enforced by derogation on january 1st, 1998. Oct 27, 2015 the new uniform act will replace the previous one, which was enacted on 10 april 1998 and has regulated all matters relating to insolvency law in all 17 ohada member states. Article 2 any natural or legal person may resort to arbitration with respect to any rights that may be freely disposed of. Ohada uniform act organizing simplified recovery procedures.
The enforcement of international arbitral awards in ohada member. For more than a decade ohada the organization for the harmonization of business law in africa has promoted the use of arbitration in its seventeen member states 1. The revised ohada uniform act on arbitration the arbitration act and revised rules on arbitration of the joint court of justice and arbitration the ccja the rules, as well as the new uniform act on mediation, entered into force on 15 march 2018. A revised uniform act on commercial companies and economic interest groups the revised uniform act was adopted on 30 january 2014 by the ohada council of ministers. Organization for the harmonization of business law in africa ohada the uniform acts in brief. The revised uniform act, which replaces the uniform act of 17 april 1997, was published in the ohada official gazette on 4 february 2014. The revised ccja rules and the revised uniform act include innovative provisions that seek to make arbitration in the ohada space more attractive and for the ccja to be recognized as an useful centre of arbitration. Harmonisation measures in ohada chiefly consist of the production of uniform laws which have direct force on the territory of member states. Adopted on june 11,1999 and enforced 90 days after its adoption art.
These model laws merely provide a framework for modern arbitration laws and are separate from the new york con. Scope article 1any merchant, natural person or legal entity including all commercial companies in which a state or any other entity governed by public law is associated, as well as any. Article 2 any natural or legal person may resort to arbitration with respect to. Ohada updates its law on arbitration and implements a new. This periodical provides you with updates on business law, whether ohada law, law of member states, other african community laws and comparative law. Date of publication in the official journal of ohada. A new ohada uniform act on insolvency and restructuring in. The new uniform act, the revised ccja rules, and the uniform act on mediation were published in the official journal on 15. On 15 march 2018, three new texts adopted by the ohada council of ministers will enter into force. After deliberations, states parties present and voting unanimously adopt the uniform act worded as follows. Organization for the harmonization of business law in. Although the number of articles in the uniform act has increased from 258 to 378, the new regulation will significantly modernise and simplify the existing law, as it takes. Chapter i scope of application article 1 this uniform act shall apply to any arbitration when the seat of the arbitral tribunal is in one of the states parties.
Another important aspect of the ohada uniform arbitration act is the regime for the challenge of arbitration awards. Ifcs ohada investment climate program 20072017 an impact. It lays down the principles of the law of arbitration, regulates the different phases of the procedure. Ohada member state are given final and binding status in all ohada member states, on a par with a judgment of a national court. Uniform act under the conditions defined hereinafter, except where otherwise provided. Uniform act on arbitration, enacted march 10, 1999 and implemented june 11, 1999. December 15, 2010 in lome togo date of publication in the ohada official gazette. Dr boubacar sidiki diarrah, high judge, director of legal affairs ohada the innovations contained in the ohada uniform act on arbitration, dr achille ngwanza, member of the international court of arbitration of icc, partner jus africa, president of. Burkina faso, ivory coast and senegal are quite familiar. The new uniform act seeks to enhance transparency, promptness and efficiency of arbitral proceedings in ohada member states. This uniform act shall be applicable to any arbitration when the seat of the arbitral tribunal is located in one of the member states. The revised uniform act, which replaces the uniform act of 17 april 1997, was published in the.
The ccja serves a dual role as both the highest appellate court that adjudicates legal disputes in member states concerning interpretation or application of the ohada uniform acts and as an arbitration center administering arbitration proceedings brought under the. The fruit of nearly two years of consultations among the 17 member. Theuniformactorganisingcollectiveproceedingsfor 2 thewipingoffdebts 2. Relationship of state arbitration laws to the federal arbitration act before describing how the ruaa has been adopted thus far, and the court rulings that have discussed each states act, it is important to understand the relationship between state arbitration laws such as the. The most interesting feature of the uniform arbitration act is that it has unified the arbitration laws of its signatories. This uniform act shall be published in the ohada official gazette and the official gazette of the states parties. In november 2017, 17 states of subsaharan africa adopted the uniform act on mediation. Uniform act on contracts for the carriage of goods by road, enacted march 22, 2003 and implemented january 1, 2004.