The new configuration of the CCJA arbitration & Immunity from execution of legal entities under public law: from forceful to peaceful execution

Presentation

1. The Common Court of Justice and Arbitration (“CCJA”) is part of the legal system of the Organization for the Harmonisation of Business Law in Africa (“OHADA”). It was created by the Treaty on the Harmonization of Business Law in Africa (“OHADA Treaty”) in 1993. Seventeen countries are members of this organization.
Insistent criticisms have long been leveled on CCJA arbitration, for being administered by the Judges in charge of the judicial function of the CCJA and also on charge of the administrative function of the CCJA.
In response, the OHADA Council of Minister has approved the new internal rules of the CCJA arbitration on 17 October 2024; according to these new rules, the administration of the CCJA arbitration has now been taken away from the CCJA Judges and entrusted to a Proceedings Monitoring Committee made up of African lawyers specialized in ADR. The seat of the CCJA arbitration Center is no more where the judicial function of the CCJA is situated but in another seat still in Abidjan.
The aim of this first topic will be to present the new functional autonomy of the CCJA Arbitration Centre, and to explain how it is different or similar to the ICC Court of Arbitration’s system.

2. The absolute application of immunity from execution of legal entities under public law in the OHADA area is likely to discourage economic operators.
To try and improve this situation, the OHADA Uniform Act of 16 and 17 October 2023 organizing simplified recovery procedures and enforcement measures provides that the creditor of a State or a legal entity governed by public law may have his claim automatically included in the accounts for the financial year and in the budget of the said legal entity, as compulsory expenditure ("under compulsory expenditure").
The aim of this second news item will be to present this legislative development and compare it with the current French system.