In conjunction with its adoption of the uniform mediation act, ohada also reformed its uniform arbitration law, which was first created in 1999 see jones day commentary, revised uniform act. The revised uniform act, which replaces the uniform act of 17 april 1997, was published in the ohada official gazette on 4 february 2014. Uniform act on arbitration the council of ministers of the organization for the harmonization of business law in africa ohada, having regard to the treaty for the harmonization of business law in africa, signed on 17 october 1993 in port louis, as amended on 17 october 2008 in quebec, in particular its articles 8, 21, 26 and 39. This uniform act shall apply to any arbitration when the seat of the arbitral tribunal is in one of the states parties. Adopted on june 11,1999 and enforced 90 days after its adoption art.
Uniform act on contracts for the carriage of goods by road, enacted march 22, 2003. The revised ohada uniform act on security law has been adopted on 15 december 2010, but it became effective in each of the then 16 member states on 16 may 2011 it specifies that the security granted before 16 may 2011 will continue to be governed by the former uniform act. Ifcs ohada investment climate program 20072017 an impact. 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 decisions remain subject to the approval of the common. The revised uniform act, which replaces the uniform act of 17 april 1997, was published in the ohada. The ohada organisation adopted in 1999 the ohada uniform act on arbitration to bridge the. Cameroon ratified the icsid convention on 3 january 1967 and the new york convention on. Looking at four ohada uniform act reforms, this report finds that they have had significant success in improving access to finance, business registration, and cost savings all important hurdles that need to be overcome for a country to improve its business environment and investment climate. Presentation of the cooperation between ohada and unidroit preliminary draft ohada uniform act on contract law and explanatory notes ouagadougou colloquium 1517 november 2007.
Uniform act on arbitration, enacted march 10, 1999 and implemented june 11, 1999. The revised ohada uniform act on arbitration the arbitration act and revised rules on arbitration of the joint court of justice and arbitration. This is the legislative body of ohada, it adopts the regulations including the new common business law called uniform acts the common court. This uniform act shall apply to any arbitration when the seat of the arbitral tribunal is in one of the member states. The act now includes provisions for information technologies that contribute towards the smooth running of. November 23, 2017 in conakry guinea date of publication in the official journal of ohada. Ohada updates its law on arbitration and implements a new act on. This innovation is far more important that that caused by the adoption of the european regulation. To pass, a uniform act requires that at least two thirds of the council of ministers be present and there must be a unanimous vote among them. A uniform act that promotes predictability and simplicity may encourage greater use of mediation, as discussed in part 3, below. 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. On 15 march 2018, three new texts adopted by the ohada council of ministers will enter into force. The act now includes provisions for information technologies that contribute towards the smooth running of companies. Article 2 any natural or legal person may resort to arbitration with respect to any rights that may be freely disposed of.
After nearly ten years of negotiations within the ohada, a uniform act ua was approved on 15 december 2010 and published on 15 february 2011 in the ohada s official gazette ohada uniform act relating to cooperative companies law. States parties, referred to as ohada accounting system and appended to this uniform act on the organization and harmonization of companies accounting. Preparation by unidroit of a draft ohada uniform act on. Apr 11, 2019 in this regard, the general commercial law, the commercial companies and economic interest group law, the sureties law, the bankruptcy law and more recently, in november 2017, the ohada arbitration law have been modified by the ohada council of minister that has at the same occasion adopted a uniform act on mediation. As of 15 march 2018, revised versions of the uaa and the ccja arbitration rules came in force. Ohada adopts and updates laws on arbitration and mediation. Ohada arbitration reform publication of the new uniform. Jun 04, 2019 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. The most interesting feature of the uniform arbitration act is that it has unified the arbitration laws of its signatories.
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 the mediation act, entered into force on 15 march 2018. Ohada is a system of corporate law and implementing institutions adopted by seventeen west and central african nations in 1993 in port louis, mauritius. 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. Reforms to ohada arbitration law the arbitration brief. 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. For example, concept of entreprenant was introduced recently in order to address the issue of informal sector in the ohada states, when the uniform act relating to general commercial law was revised in 2010. Nevertheless, there is still room for national legislations of the member states in the areas where nonregulated by a uniform act. It sets out the basic rules applicable to any arbitration seated in an ohada member state. Common court of justice and arbitration ccja and the regional superior. Dec 21, 2017 in conjunction with its adoption of the uniform mediation act, ohada also reformed its uniform arbitration law, which was first created in 1999 see jones day commentary, revised uniform act. The deadline of 5 may 2016, set by the organization for the harmonization of business law in africa s ohadas new uniform act the act on the law of companies and groups of economic interest for harmonizing corporate articles of association with the provisions of theact is approaching. On 23 and 24 november 2017, the ohada council of ministers adopted three new texts on arbitration and mediation.
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 the mediation act. 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. Ohada is the acronym for the french organisation pour lharmonisation en afrique du droit des affaires, which translates into english as organisation for the harmonisation of corporate law in africa. Pdf causes of delay in the resolution of commercial disputes.
It supersedes the national laws on arbitration of the ohada states. Ohada uniform act on arbitration arbitration notes. The fruit of nearly two years of consultations among the 17 member. The longawaited english version of the ohada treaty and ohada uniform acts has now been formally published in the special edition nov. In 2016, ohada initiated a reform of its arbitration laws. The uniform arbitration act aims to enhance transparency, promptness, and efficiency of arbitral proceedings in the member states. The ohada states adopted a uniform act on arbitration the uniform act on 11 march 1999. The deadline of 5 may 2016, set by the organization for the harmonization of business law in africa s ohadas new uniform act the acton the law of companies and groups of economic interest for harmonizing corporate articles of association with the provisions of theact is approaching. Contribution of the hague principles on choice of law in. Future of ohada s uniform act on mediation while the uniform act on mediation was. 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. The act promotes the autonomy of the parties by leaving to them those matters. The usbased foundation for a unified business law in africa foubla, whose goal is to foster the advancement continue reading release of the.
New ohada arbitration text enters into force kluwer arbitration. The new uniform act on arbitration, the revised ccja arbitration rules, and the uniform act on mediation were published in the ohada official. Revised uniform act on companies global legal monitor. The uniform act is based on the uncitral model law. Oct 27, 2015 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. States and other territorial public bodies as well as public establishments may equally be parties. A new ohada uniform act on insolvency and restructuring in. The deadline of 5 may 2016, set by the organization for the harmonization of business law in africa s ohada s new uniform act the act on the law of companies and groups of economic interest for harmonizing corporate articles of association with the provisions of theact is approaching. Dec 22, 2017 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. Release of the official english translation of ohada treaty. The revised ohada uniform act on security law has been adopted on 15 december 2010, but it became effective in each of the then 16 member states on 16 may 2011 it specifies that the security granted before 16 may 2011 will continue to be governed by the former uniform act on security dated 17 april 1997.
One of these acts is the ohada uniform arbitration act, with provisions on the administration of arbitral proceedings and the execution of arbitral awards. Ohada, article 1 of the uniform act on arbitration uaa. A new move forward to promote arbitration and mediation by prof. The council of ministers of the organization for the harmonization of business law in africa. Section 3 commitments made on behalf of a fully formed company prior to its registration. Release of the official english translation of ohada.
The longstanding objective of the organisation pour lharmonisation en afrique du droit des affaires ohada council of ministers to promote the use of ohada arbitration rules and simultaneously, to encourage international players to invest in african development projects was confirmed with the adoption on 23 november 2017 of a new uniform act. The uniform arbitration act unifies the arbitration laws in ohada. The new ohada uniform act on security 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 in 1993, entered into force in september 1995. Ohada updates its law on arbitration and implements a new. The uniform act adopts some of the features of the uncitral model law and supersedes the national laws on arbitration of the ohada member states. Favouring alternative dispute resolution mechanisms, the ohada council of ministers adopted on 23 and 24 november 2017 three major texts. Ohada uniform act relating to commercial companies and economic interest group 3 section 2 commitments made on behalf of the company under formation prior to its incorporation. The new ohada uniform act on security the reform of the former uniform act is one of the latest chapters in the history of the various ohada uniform acts the ohada uniform acts. Uniform act on arbitration the uniform act in 1999. Under the acts framework, member states can choose to arbitrate either under the ccja rules of arbitration or under the uniform act on the law of arbitration. Ohada updates its law on arbitration and implements a new act.
At the same time, it is important to avoid laws that diminish the creative and diverse use of mediation. Ohada uniform act also introduced provisions in cross border. Article 2 any natural person or corporate body may recourse to arbitration on rights of which he bas free disposal. The uniform arbitration act unifies the arbitration laws in ohada member states and establishes the rules applicable to arbitral disputes having their seats in an ohada member state. Furthermore, the ohada legal arsenal for alternative dispute resolution has been reinforced with the adoption of a uniform act on mediation.
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. Dec 21, 2016 the longawaited english version of the ohada treaty and ohada uniform acts has now been formally published in the special edition nov. Ohada uniform act relating to commercial companies and. Another important aspect of the ohada uniform arbitration act is the regime for the challenge of arbitration awards. On 23 and 24 november 2017, the council of ministers of ohada lorganisation pour lharmonisation en afrique du droit des affaires ohada adopted three major tools aimed at favouring alternative dispute resolution mechanisms in african countries. Ohadas 17 african states adopt the uniform act on mediation. As a complement to this preliminary official publication, foubla is delighted to announce that additional english versions of the uniform acts, ohada treaty and rules of arbitration and procedure of the common court of justice and arbitration are now available on its website. The status of commercial leases has been updated by ohada uniform law which.
Uniform act on accounting, enacted march 24, 2000 and implemented january 1, 2001 for c ompanies private account, and january 1, 2002 for combined and consolidated accounts. The provisions of this uniform act are mandatory, except in cases where the act explicitly authorizes the sole proprietor or members of a company to substitute contractual provisions between them for those of this uniform act or to supplement the provisions of this uniform act with their own provisions. 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. Abstention is nevertheless accepted and does not prevent a uniform act from being enacted. On november 23, 2017, the ohada council of ministers. More specifically, the council of ministers adopted i a new uniform act on mediation. Concerning the enforcement of this type of award, article 30 of the uniform act stipulates that no arbitral award can be susceptible to. Compilation of treaties and uniform acts official translation. In this regard, the general commercial law, the commercial companies and economic interest group law, the sureties law, the bankruptcy law and more recently, in november 2017, the ohada arbitration law have been modified by the ohada council of minister that has at the same occasion adopted a uniform act on mediation. Concerning the enforcement of this type of award, article 30 of the uniform act stipulates that no arbitral award can be susceptible to forceful execution unless a ruling granting an exequatur by a competent judge in a member state is delivered. The new uniform act on arbitration amends the initial text adopted in 1999. This uniform act shall be published in the ohada official gazette and the official gazette of the states parties. 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.
Although this concept of nationality was outlined in the original 1997 treaty, certain implicit provisions that were ambiguous have now been explicitly outlined or reformulated in the uniform act. Ohada adopts new texts on arbitration and mediation. This uniform act shall apply only to arbitral proceedings, instituted after its entry into force. Apc petitioned the high court of fako division to enforce the arbitral award in cameroon pursuant to the nyc, the charter of investment in cameroon and the ohada uniform act on arbitration. 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. Nov 02, 2018 the uniform arbitration act aims to enhance transparency, promptness, and efficiency of arbitral proceedings in the member states. This uniform act shall be the law governing arbitration in the states parties. An award was rendered on 17 april 2002 in london in favor of african petroleum consultants apc. Official pdf, 58 pages world bank documents world bank group. However, banks, financial institutions and insurance companies shall be subject to specific charts of accounts.
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