OHADA – Acte uniforme relatif au droit des société…

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Author : Boris Martor
Genre : Business & Economics

Summary : Buisness Law In Africa gives a general presentation of the seven Uniform Acts that have been issued to date concerning, respectively, general commercial law, corporate law, bankruptcy, securities, accounting, recovery and enforcement procedures, and arbitration.

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Author : Martha Simo Tumnde
Genre : Commercial law

Summary : The Organization for Harmonization in Africa of Business Laws (OHADA) system has been adopted by 17 West African nations in order to increase their attractiveness to foreign investors and business partners. This book introduces OHADA laws to common-law trained, English-speaking jurists with clients in West or Central Africa.

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Author : Mahutodji Jimmy Vital Kodo
Genre : Law

Summary : Increased international investment in African countries over recent decades has called for a harmonized legal environment across borders creating, inter alia, a modern arbitration system. The 1993 Treaty establishing the Organization for the Harmonization of Business Law in Africa (OHADA) took a giant step toward meeting this need and improved and consolidated its achievements with major arbitration-related revisions enacted in 2017 that came into force in 2018. This book, the first methodical analysis in English, describes in great detail the two distinct arbitration regimes—ad hoc and institutional—that characterize the system, equipping practitioners with everything they need to know to conduct arbitral proceedings efficiently in any of the OHADA’s seventeen Member States. OHADA’s dual arbitration system manifests best practices and the core principles of international arbitration. Its specific features, including the following, are thoroughly analyzed in the book: ad hoc and institutional arbitration under the Uniform Act on Arbitration (UAA) and institutional arbitration administered by the Common Court of Justice and Arbitration under its Regulations on Arbitration (CCJA Arbitration Rules); implementation of these instruments by the courts of the Member States and the CCJA; types of persons who can resort to arbitration under the two arbitration regimes, including natural and legal persons and State Parties to the Treaty; types of disputes likely to be resolved by arbitration under the two arbitration regimes, including contractual and investment-related disputes; acceptance and validity of the arbitration agreement; remedies and recourse against arbitral awards; and effects of arbitration agreements, including foreign recognition and enforcement. Throughout the book, the author cites cases and precedents of the CCJA as well as relevant decisions of lower courts. Also, the author has thoroughly revised and improved English translations of essential primary material which are included in the Appendices. Over the past twenty years, the OHADA arbitration framework has been tried and tested in proceedings before arbitral tribunals, Member States’ courts and the CCJA, as well as courts in Western countries in the context of enforcement proceedings. With this book, advisors and representatives of parties in the OHADA Member States will approach any relevant arbitration matter with full awareness of applicable rules of procedure. The book, a highly welcome bridge that connects the rest of the world with OHADA, will become an indispensable guide for arbitrators, counsels to parties, in-house counsels, government and State-owned entities, and academics in international arbitration.

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Author : Benoit Le Bars
Genre : Arbitration and award

Summary : This book is an updated edition of Benoit Le Bars' book "Pratique du droit des societs en droit de l'OHADA." The OHADA treaty (Organisation pour l'Harmonisation en Afrique du Droit des Affaires / Organization for the Harmonization of Business Law in Africa) covers 17 African States - mostly former French colonies from West and Central Africa - that largely followed the French legal model. The book is a welcome addition for non-French speakers interested in arbitration and corporate law in the OHADA countries. It will be of particular interest to readers from the English common law background and those who seek to understand the legal system in the OHADA countries in a more detailed and practical way. It will also appeal to investors, attorneys, and law students interested in the subject. [Subject: Arbitration, Mediation, International Law, Corporate Law, African Law]

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Author : Martha S. Tumnde
Genre : Commercial law

Summary : "As OHADA (Organization for Harmonization in Africa of Business Laws) is largely based on the Francophone legal system, it is now essential to make its laws and principles accessible to a broader audience of international attorneys and their clients, particularly at this time when Africa has become of growing interest to the international business and investor community. The OHADA system has so far been adopted by now 17 West and Central African nations, in order to increase their attractiveness to foreign investors and business partners."--Back cover.

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Author : Martha S. Tumnde-Njikam
Genre : Commercial law

Summary : "As OHADA (Organization for Harmonization in Africa of Business Laws) is largely based on the Francophone legal system, it is now essential to make its laws and principles accessible to a broader audience of international attorneys and their clients, particularly at this time when Africa has become of growing interest to the international business and investor community. The OHADA system has so far been adopted by now 17 West and Central African nations, in order to increase their attractiveness to foreign investors and business partners."--Back cover.

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Author : Roland Djieufack
Genre :

Summary : This book assesses the seller's duty of conformity of goods to a contract of sale of goods in the OHADA Uniform Act of General Commercial Law. It highlights the fact the notion of ' conformity' today is not efficient as business practices by sellers are to an extent characterised by deception, false pretense, misrepresentation and false promises. Sellers do not usually deliver goods which correspond to the agreed specifications in a contract of sale of goods. This book thus has as general objective to ascertain the extent to which the OHADA law effectively constrain sellers to ensure the conformity of goods they sell to commercial buyers and eventually to consumers as per the contractual stipulations.

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Author : Justin Monsenepwo
Genre : Law

Summary :

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Author : Xena Dominique Ngoya Tsimi
Genre :

Summary : This Book provides an analysis of the protection of Foreign Direct Investments in the OHADA area, specifically, its regulation by the Treaty of the Organization for the Harmonization of Business Law in Africa (OHADA Treaty). It is to restore legal and judicial security within their scope that OHADA member countries have undertaken to harmonize and unify their economic sector legislation to attract foreign investment as a factor in Economic Development. Several national and international legal instruments are responsible for the protection of foreign direct investment in OHADA countries. Indeed, the volume of foreign direct investment (FDI) to developing countries increased considerably during the 1990s; As Africa is now one of the favorite destinations for Western and even African investors, it is becoming a very profitable continent for investors. However, the issue of regulating or securing foreign investment in African countries is still flawed. If we stick to the purpose of the organization prescribed in paragraph 5 of the preamble to the OHADA Treaty, which states that the purpose of the OHADA law is to "promote the growth of economic activity and encourage investment." given the definition of business law by Article 2 of that treaty, although the list of subjects is not exhaustive, investment remains absent. Thus, Foreign Investment is not regulated by the OHADA Treaty, so even investment-related activities are regulated by other subjects like corporate law, commercial law, security law. This work proposes a reflection that the OHADA Treaty should be modernized through reform including investment and many other issues to deal effectively with the issue of foreign investment given the ineffectiveness of national and subregional instruments in this area.

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Author : Martha S. Tumnde
Genre : Conflict of laws

Summary :