The Organisation for the Harmonisation of Business Law in Africa (Organisation pour l’harmonisation en Afrique du Droit des Affaires – OHADA) was established by the Treaty on the Harmonization of Business Law in Africa (OHADA) signed on October 17, 1993 in Port – Louis (Mauritius). OHADA is an international organisation, with an international legal personality, which pursues legal integration among its member countries. It is the most beautiful example of legal integration on the African continent. The Treaty’s main objective is to address the legal uncertainty in some African countries.
Almost 30 years after its establishment, the OHADA organisation is now a well-established organisation, with a very strong and advanced law system, through the development of Uniform Acts and the establishment of a common court (Common Court of Justice and Arbitration (CCJA)). 17 African countries are members, representing approximately 275M people.
Because of the legal certainty OHADA law provides and the efficient, impartial and independent functioning of the CCJA, business partners all over the globe active in Africa often choose the OHADA (optional) legal system to regulate their relationship. In this respect, OHADA is often advised by legal counsels or partners when envisaging a contractual relation in one of the member states.
The Uniformed Acts issued by OHADA are directly applicable and binding in the member States, notwithstanding any previous or subsequent provision of domestic law to the contrary. The adoption of Uniformed Acts has been expanding and their revision, where necessary, have always been useful. To date, OHADA counts ten Uniformed acts, regulating trade, transport, commercial companies, accounting, liens and pledges or recovery procedures and enforcement measures.
PKM Africa has developed a strong expertise in OHADA law and assists and advises various clients regarding OHADA law aspects. PKM Africa equally relies on strong OHADA law litigators whenever needed. Do not hesitate to contact us for more information.
