News & Analysis as of

OHADA

Hogan Lovells

Paris court clarifies the scope of enforcement of awards set aside at the seat

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In the recent decision of SGS v. Benin, the Paris Court of Appeal clarified its previous approach of accepting to enforce awards set aside at their seat, which had taken place in this case under OHADA law. However, the Court...more

Hogan Lovells

Grant Thornton v Mbengue: CCJA upholds arbitration where arbitrator applies public policy provisions

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In a decision that will be welcomed by investors, businesses, and practitioners of arbitrations brought under Organisation for the Harmonisation of Business Law in Africa (OHADA) rules, the Common Court of Justice and...more

White & Case LLP

Africa Focus: Autumn 2020 - Institutional arbitration in Africa: Opportunities and challenges (Africa's arbitration options and...

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International arbitration remains the dispute resolution mechanism of choice for cross-border disputes. Although this is a global trend, recent years have seen a significant increase in the use of international arbitration to...more

White & Case LLP

Africa Focus: Autumn 2020 - International project finance and currency reforms in West and Central Africa

White & Case LLP on

Harmonizing business laws, a revised foreign exchange regulation and introducing a new currency. Currency is a hot topic in West and Central Africa, in both the Economic and Monetary Community of Central Africa (EMCCA, or...more

Hogan Lovells

Coronavirus in the mining sector and its effect on contract performance: A checklist

Hogan Lovells on

As mining projects around the globe are hit by the extreme situation caused by the coronavirus, many mining businesses are likely to face important practical difficulties. This comes as a second impact for many: with...more

White & Case LLP

Africa Focus: Spring 2019 - World Bank report highlights successes in Africa

White & Case LLP on

Countries make strides by streamlining regulations across 11 key areas - The World Bank's annual Ease of Doing Business report assesses countries' regulatory environments and includes an "ease of doing business" ranking that...more

Hogan Lovells

The Paris Court upholds the supranational nature of OHADA law in dismissing annulment application (CA Paris 16/25484, 20 December...

Hogan Lovells on

The Paris Court of Appeals recently upheld an arbitral award applying OHADA law. The application to set aside the award had been brought by the State of Cameroon based on arguments made under Cameroonian law....more

Jones Day

Actions by Sub-Saharan OHADA-Member Nations Promote Arbitration

Jones Day on

The Situation: In November 2017, 17 sub-Saharan African states reformed both their uniform arbitration law and the arbitration rules of their regional arbitration center. The Result: The revision of the Uniform Act on...more

Jones Day

OHADA's 17 African States Adopt the Uniform Act on Mediation

Jones Day on

The Situation: In November 2017, 17 states of sub-Saharan Africa adopted the Uniform Act on Mediation. The Result: The practice of mediation, although it already has legislative support in Burkina Faso, Ivory Coast, and...more

Jones Day

Republic of Guinea Passes Public–Private Partnership Law to Lure Investors

Jones Day on

Guinea's Urgent Need for Critical Infrastructures - Guinea is a geological goldmine, quite literally, when one considers the high concentration of natural resources in its soil (including diamonds, gold, iron, bauxite,...more

Morgan Lewis

New OHADA Uniform Act Streamlines Collective Insolvency Proceedings

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Innovations to the Act in late 2015 seek to modernize and simplify collective proceedings in OHADA member states. On 10 September 2015 in Grand-Bassam (Republic of Côte d’Ivoire), the Organization for the Harmonization...more

BCLP

International Investment Arbitration in Africa: Year in Review 2015

BCLP on

International investment arbitration – also known as investment treaty arbitration or investor-State arbitration – is a procedure whereby foreign investors may seek a binding adjudication of claims against host States that...more

Morgan Lewis

OHADA Zone: Deadline for Amending Articles of Incorporation of Commercial Companies Approaches

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Commercial companies in OHADA member states that were incorporated prior to the entry into force of the Amended Uniform Act on 5 May 2014 must ensure that their articles of incorporation comply with the Act’s provisions by 5...more

K&L Gates LLP

A New OHADA Uniform Act on Insolvency and Restructuring in Africa

K&L Gates LLP on

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...more

Mintz - ML Strategies

Africa Update - September 2015 #3

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Leading the News - Burkina Faso: On September 16th, elements of Burkina Faso’s military declared they were in control of the nation after presidential guards stormed a cabinet and seized President Michel Kafando,...more

Morgan Lewis

Francophone Africa: Changes to OHADA Rules on Operating through Branches

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The Organisation for Harmonisation of Business Law in Africa’s new Uniform Act provisions will impact petroleum companies operating through branches in the organisation’s member states. ...more

Orrick, Herrington & Sutcliffe LLP

Reforms to OHADA Commercial Law: Towards a More Attractive Legal Framework for Private Equity

The Organisation pour l'Harmonisation en Afrique du Droit des Affaires ("OHADA"), which translates into English as the "Organisation for the Harmonization of Business Law in Africa" is an exclusively business-related legal...more

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