It is recalled in the Preamble of the Treaty on the Harmonization of Business Law in Africa signed on the date indicated hereabove that :

- the setting up of a harmonized, simple, modern and adapted business law to enable an easier access to economic activities was a pre-requisite for the economic integration of these countries,

- it was of paramount importance that such law be implemented with due diligence so as to guarantee a safe legal environment for economic activities and to enhance investment and

- that arbitration be promoted as an instrument to settle the disputes arising from contracts. The implementation of these aims was entrusted to the institutions mentioned hereunder.

<> OHADA MEMBER COUNTRIES

There are presently 17 members States : Benin, Burkina Faso, Cameroon, Central African Republic, Comoros, Congo, D.R. Congo, Ivory Coast, Gabon, Guinea, Guinea-Bissau, Equatorial Guinea, Mali, Niger, Senegal, Chad and Togo..

<>INTRODUCING OHADA INSTITUTIONS

The Organisation comprises four institutions :

- the Council of Ministers,
- the Permanent Secretariat,
-the Common Court of Justice and Arbitration and
-the Regional High Judiciary School.

° The Council of Ministers

It comprises the Ministers in charge of Justice and of Finance. It is chaired in turn by each member State for a period of one year, in the following order: Benin, Burkina Faso, Cameroon, Central African Republic, Comoros, Congo, Ivory Coast, Gabon, Equatorial Guinea, Mali, Niger, Senegal, Chad, and Togo. Its meetings, held once a year, are convened by the Chairman on his own inititiative or at the request of one third of the member countries. The Council of Ministers :

- approves the yearly programme for the harmonization of business laws set up by the Permanent Secretariat,
- adopts the Uniform Acts by unanimous vote.

° The Permanent Secretariat

Located in Yaounde, Cameroon, the Permanent Secretariat, which is attached to the Council of Ministers, is headed by a Permanent Secretary designated by thesaid Council for a four-year period. It is mainly in charge of the coordination and the follow-up of the Organization's activities, notably, the preparation of the yearly programme mentioned here-above and of the Uniform Acts.

° The Common Court of Justice and Arbitration

It comprises seven judges elected for a seven-year period renewable once and one Chief Registrar. It is mainly in charge :

- of giving advice on the draft Uniform Acts before they are adopted by the Council of Ministers and ruling on the interpretation and implementation of these Acts,
- ruling on the decisions pronounced by national courts and appealed against,
- ensuring an orderly progress of arbitration proceedings (by appointing the arbitrators etc).

Its headquarters are in Abidjan, Ivory Coast.

° The Regional High Judiciary School

This School attached to the Permanent Secretariat, has its headquarters in Benin. It ensures the training of the judges and judiciary staff with regard to Ohada law.



Top of the page