This uniform act shall apply only to arbitral proceedings, instituted after its entry into force. 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 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 the cfas ohada working group 10. Ohada adopts new texts on arbitration and mediation. It was created by the national conference of commissioners on uniform state laws nccusl. 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. 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 permanent secretariat calls for the creation of an. The new uniform act seeks to enhance transparency, promptness and efficiency of arbitral proceedings in ohada member states. An award was rendered on 17 april 2002 in london in favor of african petroleum consultants apc. Ohada uniform act relating to commercial companies and. The usbased foundation for a unified business law in africa foubla, whose goal is to foster the advancement. In 2016, ohada initiated a reform of its arbitration laws.
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. 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. The revised uniform act, which replaces the uniform act of 17 april 1997, was published in the ohada official gazette on 4 february 2014. 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 brings major innovations for subsaharan ohada member states. The status of commercial leases has been updated by ohada uniform law which. This time limit shall be extended taking into account the distance of the parties from the seat of the court. Ohada uniform act relating to commercial companies and economic interest group 7 paragraph 5 vacancy on the board of directors paragraph 6 remuneration paragraph 7 end of the duties of directors subsection 2 powers of the board of directors paragraph 1 scope paragraph 2 regulated agreements. The main purpose of this law was to create one way to go about making an arbitration in the united states law. As of 15 march 2018, revised versions of the uaa and the ccja arbitration rules came in force. This uniform act shall apply to any arbitration when the seat of the arbitral tribunal is in one of the states parties.
It sets out the basic rules applicable to any arbitration seated in an ohada member state. November 23, 2017 in conakry guinea date of publication in the official journal of ohada. It lays down the principles of the law of arbitration, regulates the different phases of the procedure. Preparation by unidroit of a draft ohada uniform act on. 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. New ohada arbitration text enters into force kluwer arbitration. 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. Future of ohadas uniform act on mediation while the uniform act on mediation was.
Common court of justice and arbitration ccja and the regional superior. 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. The opposition shall be filed by extrajudicial act. 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. Adopted by the council of ministers of ohada on 26 january 2017 in brazzaville congo, the uniform act on accounting law and financial information audcif was published in the official gazette of the organization on 15 february 2017 with over 1,200 pages, the special edition devoted to the. Uniform act on cooperatives, enacted december 15, 2010. The uniform arbitration act unifies the arbitration laws in ohada. 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. This uniform act shall be published in the ohada official gazette and the official gazette of the states parties. Uniform act on contracts for the carriage of goods by road, enacted march 22, 2003 and implemented january 1, 2004. 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 twin pillars of ohada the uniform act on the law of arbitration and the rules of arbitration of the ccja have now been updated. Law harmonization and local specificities a case study. The usbased foundation for a unified business law in africa foubla, whose goal is to foster the.
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 includes 17 member states member state of west and. 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. The author describes how ohada has made an effort more recently to better adjust certain rules to the informal economy. A new ohada uniform act on insolvency and restructuring in. 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. The new uniform act, the revised ccja rules, and the uniform act on mediation were published in the official journal on 15. Adopted on june 11,1999 and enforced 90 days after its adoption art. The new uniform act on arbitration amends the initial text adopted in 1999. On 15 march 2018, three new texts adopted by the ohada council of ministers will enter into force. Publication of the new ohada uniform act on accounting and financial reporting. A thesis submitted to indiana university school of lawindianapolis in fulfilment of the requirements for the degree of master of laws llm.
The key features of the act examined here, combined with the limited costs for the procedures, creates a competitive legal environment that encourages the resolution of disputes of local relevance. The uniform act on arbitration is also inadequate for the informal sector because of the excessive cost of arbitral procedures. The uniform arbitration act aims to enhance transparency, promptness, and efficiency of arbitral proceedings in the member states. Security interests governed by waterway, sea and air law, legal security interests other than those governed by this uniform act, as well as securities warranting the performance of agreements entered into exclusively between financing institutions, may be subject to specific legislations. Article 2 any natural or legal person may resort to arbitration with respect to any rights on which she has the free disposal. Compilation of treaties and uniform acts official translation. Revised uniform act on companies global legal monitor.
This uniform act shall apply to any arbitration when the seat of the arbitral tribunal is in one of the member states. Release of the official english translation of ohada. December 15, 2010 in lome togo date of publication in the ohada official gazette. Ohadas 17 african states adopt the uniform act on mediation. The uniform arbitration act was an act that originated in the year 1955. Ohada updates its law on arbitration and implements a new. 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. States parties, referred to as ohada accounting system and appended to this uniform act on the organization and harmonization of companies accounting.
Rules on arbitration of the joint court of justice and arbitration. 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 law is currently preempted in almost all contexts by the 1925 faa this arbitration act was drafted. 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. The ohada uniform arbitration act is a positive development towards a stable, uniform and transparent legal regime for arbitrations in west africa. Ohada delos is an international arbitration institution. Presentation of the cooperation between ohada and unidroit preliminary draft ohada uniform act on contract law and explanatory notes ouagadougou colloquium 1517 november 2007. The council of ministers of the organization for the harmonization of business law in africa.
Ohada uniform act on arbitration french translation. However, banks, financial institutions and insurance companies shall be subject to specific charts of accounts. The council of ministers of the organization for the harmonizationin africa of businesslaw ohada. Ohada uniform act also introduced provisions in cross border. Publication of the new uniform act on accounting and. Ohada is the french acronym for the organisation for the harmonisation of business law in africa, which was founded on. 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 revised ohada uniform act on arbitration the arbitration act and revised. 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. The opposition shall be filed within fifteen 15 days from the date of service of the mandatory injunction.
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. 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. Favouring alternative dispute resolution mechanisms, the ohada council of ministers adopted on 23 and 24 november 2017 three major texts. Uniform act on arbitration, enacted march 10, 1999 and implemented june 11, 1999. Article 2 any natural person or corporate body may recourse to arbitration on rights of which he bas free disposal. This uniform act shall be the law governing arbitration in the states parties. U n o ff i c i a l t r a n s l a c t i o n where appropriate, the individual fileshall be supplemented by subsequent entries and their supporting documents attached as prescribed bythearticles above or special texts. By uniformizing the arbitration and mediation frameworks for the ohada region, the. Uniform act on arbitration law date and place of adoption.
Ohada uniform act on arbitration arbitration notes. States and other territorial public bodies as well as public establishments may equally be parties. The uniform act on commercial law in general was revised in 2010. 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. Ohada actors in the application of the acts and other treaty provisionsand in. 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. On november 23, 2017, the ohada council of ministers. This uniform act shall be applicable to any arbitration when the seat of the arbitral tribunal is located in one of the member states. Article 2 any natural or legal person may resort to arbitration with respect to any rights that may be freely disposed of. The uniform act on arbitration was adopted on march 11, 1999, and entered. The ohada states adopted a uniform act on arbitration the uniform act on 11 march 1999. 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. The longawaited english version of the ohada treaty and ohada uniform acts has now been formally published in the special edition nov.
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