The OHADA Common Court of Justice and Arbitration
The OHADA Common Court of Justice and Arbitration
Its Authority in the Formal and Informal Economy
This chapter focuses on the OHADA Common Court of Justice and Arbitration. The Common Court of Justice and Arbitration (CCJA) is the supranational, apex court of the Organization for the Harmonization in Africa of Business Law (OHADA), an organization that currently covers seventeen countries in West and Central Africa. The CCJA’s authority is meaningful only if it actually affects the lives of a broad spectrum of private economic actors within OHADA’s territory, not just the OHADA Treaty’s member states. There is considerable evidence that, in the formal economy, private litigants, state actors and national judges desire and expect CCJA to be enforced. By contrast, in the informal economy that represents a significant portion of the population and national economy, the CCJA is unlikely to have authority because the relevant actors do not look to formal law or formal legal institutions for guidance in commercial transactions or for dispute resolution.
Keywords: OHADA, Common Court of Justice and Arbitration, authority, private economic actors, OHADA Treaty, formal sector, private litigants, informal sector
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