ORGANIZATION FOR THE HARMONIZATION
OF BUSINESS LAW IN AFRICA
Benin Burkina Faso Cameroon RCA Comores Congo Ivory Coast Niger Senegal Guinée Conakry Equatorial Guinee Mali Gabon Guinée Bissau Democratic Republic of Congo Chad Togo

SEMINAR WORKSHOP ON CCJA - OHADA

Date Event 5-6 juin 2018
Location CCJA, Abidjan (Côte d'Ivoire)
Agenda Link http://www.ohada.org/index.php/fr/actualite/dernieres-nouvelles/2589-seminaire-sur-l-arbitrage-ccja-ohada
url http://www.ohada.org/index.php/fr/actualite/dernieres-nouvelles/2589-seminaire-sur-l-arbitrage-ccja-ohada

President ONDO MVE Cesar Apollinaire, newly elected head of CCJA initiated a seminar on July 5, 2018 to help the new judges’ better understand the administrative, judicial and arbitral organization of the Court.

During this seminar, the main responsibilities of the Court were given special attention through the handling of litigation, advisory and arbitration proceedings.

After the opening statement by the President, the floor was given to Mr. KONE Mamadou to present the Human Resources, Equipment and General Administration Department. His presentation focused on the texts organizing this service as well as the various administrative procedures.

Following his intervention, Mr. BAKARY Traoré presented the Documentation and Archives Service. He especially insisted on the acquisition of the documents, their treatment and their provision to the users. He then explained the archiving procedure put in place as part of the management of court proceedings files.

Mr. Frederic AZOTI presented the IT service and reviewed its achievements. He highlighted the various projects in progress before concluding in assuring the various services of its availability.

Chief Clerk LENDONGO Paul and his deputy Maître ASSIEHUE Acka explained the role of CCJA's registry, from receipt of the appeal to the surrender of the decision. They also discussed the management of imprest accounts.

Mr. Latin PODA spoke about the implication of the auxiliary judges in litigation, advisory and arbitration proceedings. Three of them, the auxiliary judges receive the judges' files, carry out documentary research and prepare a legal note which they submit to the latter.

Judge Fodé KANTE dealt with requests for advisory opinions. These requests come from the Council of Ministers, Member States or national jurisdictions. They may relate to draft Uniform Acts, points of law contained in the Uniform Acts or questions pending before the national courts.
Judge Idrissa YAYE addressed the issue of contentious procedure. He spoke about the methods and conditions of referral to the Court: the direct referral by the parties, the referral by dismissal of the national judge of cassation, the referral pursuant to Article 18 of the Treaty, and extraordinary remedies that are Third-party objection, the application for interpretation and the application for revision. He also spoke of the issue of case preparation.

According to his statement, the Court may rule on its jurisdiction, on the admissibility of the appeal, make judgments of dismissal, judgments of cassation, annulment judgments as provided for in Article 18 of the Treaty, and judgments annulling an arbitration award.

Judge Djimasna NDONINGAR later took the floor and explained the structuring of CCJA judgments. He placed particular emphasis on the drafting of judgments taking into account the nature of the judgment delivered. Besides the part that is common to all the judgments of the Court, there are specific provisions either that the judgment deals with jurisdiction ex officio, or that it deals with the plea of lack of jurisdiction raised by one of the parties. He illustrated his intervention by producing examples of judgments, such as judgments on the competence of CCJA, on the admissibility of the appeal, the judgments of dismissal, cassation, cancellation etc., while insisting on the particularity of their drafting.

The series of communications ended with the intervention of the Secretary General of CCJA Arbitration Center, Mr. AKA Narcisse, who presented his arbitration system. He focused his intervention on the new provisions introduced by the legislator in the new CCJA-OHADA Arbitration Rules. He spoke, inter alia, of the appointment of the arbitrator, the administration of the arbitration by the Court, the examination of the draft arbitral award and, above all, the role of the Community judicature when seized for an exequatur application or an annulment appeal of an arbitral award.

The closing speech of this seminar was delivered by the President, who was congratulated by the seminarians for his initiative.

Benin Burkina Faso Cameroon RCA Comores Congo Ivory Coast Niger Sénégal Guinée Conakry Equatorial Guinee Mali Gabon Guinée Bissau Democratic Republic of Congo Tchad Togo >>>>>>>>>>