International Commercial Arbitration at Burkina Faso
International commercial arbitration in Burkina Faso operates within the framework established by the Organisation for the Harmonisation of Business Law in Africa (OHADA), a regional organization comprising 17 member states across West and Central Africa.
🇧🇫 Arbitration Framework in Burkina Faso
1. OHADA Uniform Act on Arbitration Law (2017)
Burkina Faso adheres to the OHADA Uniform Act on Arbitration Law, adopted on November 23, 2017, and effective from March 15, 2018. This act standardizes arbitration procedures across OHADA member states, covering:
Arbitral tribunal composition
Arbitration procedures
Recognition and enforcement of arbitral awards
Remedies against awards, such as appeals or third-party opposition
The act aims to enhance transparency, efficiency, and predictability in arbitral proceedings within the OHADA region .
2. Common Court of Justice and Arbitration (CCJA)
The CCJA, based in Abidjan, Côte d'Ivoire, serves as the supreme judicial body within OHADA. It handles appeals related to commercial disputes and oversees challenges to arbitral awards, ensuring uniform interpretation and application of OHADA laws .
3. Recognition and Enforcement of Arbitral Awards
Arbitral awards rendered under OHADA's framework are binding and enforceable across all member states, including Burkina Faso. Additionally, Burkina Faso is a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (ratified on March 23, 1987), facilitating the enforcement of international arbitral awards within its jurisdiction .
🏛️ National Arbitration Legislation
In addition to the OHADA framework, Burkina Faso has its national arbitration law:
Law No. 16/03 of July 25, 2003: Known as the "Voluntary Arbitration Law," this legislation governs domestic arbitration proceedings, allowing parties to resolve disputes through arbitration without resorting to the national courts .
⚖️ Dispute Resolution Landscape
Burkina Faso's legal environment supports international commercial arbitration, offering a stable and harmonized framework for resolving cross-border disputes. The country's commitment to OHADA's arbitration laws and international conventions like the New York Convention underscores its dedication to fostering a favorable climate for international business and investment.
📍 Arbitration Institutions in Burkina Faso
For parties seeking arbitration services within Burkina Faso, the Ouagadougou Arbitration, Mediation & Conciliation Centre of the Chamber of Commerce & Industry provides institutional support for arbitration and alternative dispute resolution processes
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