OHADA: Various Remedies Against an Arbitral Award
The African legislator uses the word “arbitration” without defining it. Commonly, it is considered as private method of the dispute settlement based on the Agreement of the Parties.Thus, arbitration is...
View ArticleOHADA Bar Association: Shaky Victory of African Lawyers and Bar Associations
The initiative of setting up an association of lawyers performing at the Common Court of Justice and Arbitration (CCJA), OHADA Bar Association, was brought specially by the Paris Bar in the early June...
View ArticleCCJA: Inadmissibility of an Application Effected without Mandate by a Lawyer...
Judgment No 110/2017 delivered on 11 May 2017 by the Common Court of Justice and Arbitration, CCJA, of the Organization for the Harmonization of Business Law in Africa, states the principle of...
View ArticleCCJA: The sale of a building that occurred during the statements and...
The Common Court of Justice and Arbitration, “CCJA” of the Organization for the Harmonization of Business Law in Africa (OHADA) held that it does not infringe Section 313 of the Uniform Act Organizing...
View ArticleCCJA Quashes the Judgment of a Court of Appeal that Failed to Review the...
Judgment No 126/2017 of 18 May 2017, delivered by the Common Court of Justice and Arbitration (CCJA) of the Organization for the Harmonization of Business Law in Africa (OHADA), stated the principle...
View ArticleDRC publishes the Act amending the Mining Code
The DRC Official Gazette published on March 28, 2018 the Act n° 18/001 amending and supplementing theAct n ° 007/2002 of July 11, 2002 on the Mining Code promulgated by the President of the Republic on...
View ArticleImpact of the amendment of the Legal Guarantee of Stability in respect of...
The Government of the Democratic Republic of Congo (DRC) commenced the review process in respect of its Act No. 007/2002 of 11 July 2002 on Mining Code (Mining Code) in 2012. The process eventually...
View ArticleCCJA: Appeal for Annulment of An Arbitral Award is Admissible Upon Ruling
In its judgment No. 034/2017 of March 9, 2017, the Common Court of Justice and Arbitration (CCJA) of the Organization for the Harmonization in Africa of Business Law (OHADA) has confirmed the...
View ArticleCCJA Dismissed the Appeal of Côte d’Ivoire Télécom Company for Foreclosure
In its Judgment No. 124/2017 of 18 May 2017, in the case that opposed Côte d’Ivoire Télécom company to Intel Afrique company, the Common Court of Justice and Arbitration (CCJA) of the Organization for...
View ArticleCCJA: The Bailiff Does Not Have Exclusive Powers To Seize The Competent Court...
For the Common Court of Justice and Arbitration, “CCJA”, of the Organization for the Harmonization of Business Law in Africa, “OHADA”, when there are difficulties in the execution of an enforceable...
View ArticleCCJA Cannot Evoke If The Decision It Cancels Is Not Served On The Parties...
From the moment that the cancellation decision has not been served on all the parties before the national court for the purposes of cassation appeal to the Common Court of Justice and Arbitration,...
View ArticleCCJA: Provisionary Seizure Are Real Enforcement Proceedings
The Judgment No. 005/2017 of 26 January 2017 of the Common Court of Justice and Arbitration (CCJA) of the Organization for the Harmonization of Business Law in Africa (OHADA) contains the principle...
View ArticleCCJA: There Is No Conflict When Two Separate Decisions Of The Same Court...
In its Judgment No. 065/2017 of 30 March 2017, the CCJA has decided that the appeal in cassation based on the inconsistency of grounds noted in two different judgments delivered on two different dates...
View ArticleCCJA Reaffirms Its Supremacy Over Courts of Cassation of Member States
Is null and void, a judgment delivered by the Supreme Court of a Member State of the Organization for the Harmonization of Business Law in Africa, (“OHADA”), when the incompetence of the latter had...
View ArticleCCJA: Is considered purely factual, the allegation of a party which said to...
The Judgment No. 005/2017 of 26 January 2017 of the Common Court of Justice and Arbitration (CCJA) of the Organization for the Harmonization of Business Law in Africa (OHADA) contains the principle...
View ArticleCCJA Sets aside application, as an unfamiliar procedure to the CCJA, thus...
In its judgment No. 029/2017 of 02 March 2017, the CCJA decided that an applicant’s request to set aside a judgment is inadmissible, this procedure being, pursuant to Section 32.2 of the Rules of...
View ArticleCCJA Confirms the Presumption of Liability of Road Carrier
The Common Court of Justice and Arbitration, CCJA, of the Organization for the Harmonization of Business Law in Africa, held that provisions of Sections 16 and following of the Uniform Act related to...
View ArticleCCJA: A Judgment for Lack of Legal Basis Will Be Set Aside
In the judgment No. 031/2017 of March 09, 2017, the CCJA has set aside a judgment for lack of legal basis… Read More
View ArticleCCJA: A Provisional Remedy Not Reported Within Eight Days Should Be Declared...
Judgment No. 005/2017 of 26 January 2017 of the Common Court of Justice and Arbitration (CCJA) of the Organization for the Harmonization of Business Law in Africa (OHADA) contains the principle that,...
View ArticleCCJA: A Judgment Wrongly Considered As Of Last Resort Cannot Justify Referral...
The Common Court of Justice and Arbitration (CCJA) of the Organization for the Harmonization of Business Law in Africa (OHADA) stated in its Judgment No. 001/2017 of 26 January 2017 the principle that...
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