Le Règlement de Procédure de la Cour Commune de Justice et D’Arbitrage de L’Ohada Fait Peau Neuve

Abstract

After fifteen years of implementation, the Rules of Procedure of the Common Court of Justice and Arbitration (CCJA) of OHADA (Organization for the Harmonization of Business Law in Africa) were amended on 30 January 2014. These amendments concerned both the internal organisation of the Court and its composition. The most important innovations improve access to the highest community court and streamline the course of proceedings. As such, the following improvements are of particular interest: abandonment of the obligation to elect domicile in the town where the seat of the Court is located; introduction of the possibility to serve Court processes through internet; adoption of new provisions permitting the Court to sanction the parties’ failure to carry out due diligence; and the conduct of court proceedings in several languages. Although some shortcomings remain, it must be noted that the amended law is an important step in the direction of enhancing legal security within OHADA Member States; it also paves the way for a substantial improvement of the CCJA’s performance.