Julius Nkafu: OHADA has a great dispute resolution system
29 November 2018
Julius Nkafu FCIArb, an AfAA Board Member, was in Germany on the 29 November at the great African Investment Day talking about Arbitration in French speaking Africa – OHADA. The event, which focused on showcasing the investment opportunities in French Africa to German investors saw the need to reassure potential investors that Africa had very good laws, institutions and facilities to resolve disputes should they arise.
Amongst other things, Julius said that the OHADA treaty (comprising of 17 countries) was in many ways remarkable in promoting arbitration as a method of settling disputes. The neutrality of the arbitration procedure enshrined in the treaty should be an attraction to foreign investors to the region.
The option of working languages (English, French, Spanish and Portuguese) is another factor of attraction. The common procedural law applicable to arbitral proceedings and the simplified way of enforcement (exequatur) should be considered another strength of the OHADA system. Furthermore, the seat of arbitration can be the place of performance of the contract.
The OHADA region, comprising of 17 Countries and a population of over 225 Million people, makes it a popular destination for foreign investors. The OHADA system is well equipped to deal with disputes fairly should they arise.