Judgment No. 190/2020 of May 28, 2020 handed down by the Common Court of Justice and Arbitration (CCJA) has the advantage of establishing a new exception as to the assessment of immunity from enforcement for state-owned companies. In this Judgment, the High Court confirmed a decision of the Court of Appeal of Abidjan which noted...
INTRODUCTION The OHADA legislator[1] uses the term “arbitration”, in the uniform act relating to the right of arbitration adopted on November 23, 2017 (“AUA”), without defining it. It is considered by the doctrine as a private mode of dispute resolution based on the parties’ agreement[2] or simply as conventional justice. Arbitration is therefore a...
INTRODUCTION Extra-statutory agreements, generally known as “shareholders’ agreements” or “partners’ agreements”,[1] are applicable in the Organisation for the Harmonisation of Business Law in Africa (OHADA),[2] thanks to the Uniform Act relating to the law of commercial companies and economic interest groups (AUDSCGIE). In a public limited company (SA) or a simplified joint stock company...
