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FOUBLA

A legal tool to foster economic growth in Africa

The institutions

1- Conference of heads of States

This is OHADA’s highest institution. The Conference is chaired by the Head of State or Government whose country chairs the Council of Ministers.

2- Council of Ministers

This is OHADA’s legislative body; it adopts statutes called Uniform Acts. The Council of Ministers is assisted by the Permanent Secretariat.

3- Regional Schools of Magistrates

Focused on OHADA law, this institution serves as both a library, and a training center for practicing lawyers and judges from member and non-member States.

4- Permanent Secretariat

The Permanent Secretariat is a parliamentary-style executive and the administrative headquarters of OHADA. Among its many functions, it prepares initial drafts of the OHADA statutes.

5- Common Court of Justice and Arbitration

The CCJA ensures the uniform application and interpretation of the OHADA Uniform Acts across all member-states by exercising a dual role:

  • As the highest court of OHADA, the CCJA operates as a supreme court with respect to the OHADA uniform acts. The CCJA reviews decisions handed down by national Courts of Appeal dealing with the application of the OHADA law and ensures that any arbitration proceedings are in conformity with the uniform act on arbitration. No matter where the controversy originates, the CCJA ensures a similar outcome.
  • As an advisory authority, the CCJA hears issues concerning the interpretation of the uniform law referred to it either by domestic courts or by the states parties themselves.

Any CCJA opinion on an issue must be respected by all member-states. This uniform application and interpretation of the law offers to both national and international investors a fair judicial system