OHADA Arbitration: A Practical Guide for Turkish Companies

What Is OHADA and Why Does It Matter?

OHADA (Organisation pour l'Harmonisation en Afrique du Droit des Affaires) was established by treaty in 1993 with a single ambition: to replace the fragmented post-colonial legal systems of its member states with a single, modern body of business law. Today it covers 17 member states — almost all francophone — and its Uniform Acts are directly applicable across every one of them, superseding conflicting national legislation.

For a Turkish contractor building a highway in Senegal, or a Turkish energy company operating under a concession in Cameroon, OHADA is not optional reading. It is the governing legal system for your contracts, your company, and your disputes.

The 17 OHADA member states

The Dual Arbitration Framework: CCJA vs. Uniform Act

This is the most common source of confusion for foreign investors. OHADA does not have one arbitration regime — it has two, operating in parallel. Understanding which one applies to your dispute is critical before you draft a single clause.

The CCJA: Ten Things Turkish Companies Should Know

The Common Court of Justice and Arbitration is a genuinely unique institution. It functions simultaneously as a supranational supreme court (hearing appeals from national courts on OHADA law) and as an arbitration institution. Understanding both roles is essential for Turkish companies considering or facing CCJA proceedings.

Institutional features

• Dual role — court and institution The CCJA is both the final appellate court for commercial disputes under OHADA law and an arbitration administrator. This means the same institution that administers your case can later rule on challenges to the award. This is unique in international arbitration.
• Scrutiny of awards Like the ICC, the CCJA reviews the form of draft awards before they are finalised. This adds a layer of quality control but also extends timelines.
• Arbitrator selection Parties may appoint one or three arbitrators. The CCJA maintains a list of approved arbitrators — predominantly African nationals. Parties may nominate arbitrators from outside the list, but this requires CCJA confirmation. For Turkish companies, nominating a neutral arbitrator familiar with both civil law and international practice is advisable.
• Language Proceedings are typically conducted in French. English, Spanish, or Portuguese may be used where relevant. Turkish companies should factor in the cost and complexity of translation from the outset.
• Pan-OHADA enforcement A CCJA exequatur is valid and enforceable in all 17 member states without further national court proceedings. This is the single most powerful feature of CCJA arbitration for creditors operating across multiple OHADA jurisdictions.
• Investment arbitration The 2017 revised CCJA Rules expressly authorise the CCJA to administer arbitration based on BITs and national investment laws — a significant expansion. Turkish investors in OHADA states with an applicable BIT may therefore consider the CCJA as an alternative to ICSID.
• No emergency arbitration Unlike the ICC or LCIA, the CCJA Rules do not currently provide for emergency arbitrator proceedings. If you need urgent interim relief, you must apply to national courts — which may be slow or unpredictable.
• Preliminary meeting A distinctive feature of CCJA proceedings is the preliminary meeting, at which the tribunal and parties agree on the procedural timetable. This is broadly comparable to a first procedural conference under ICC Rules.

How a CCJA Arbitration Proceeds: Step by Step

1. Request for Arbitration The claimant files a Request with the CCJA Secretariat in Abidjan, including the arbitration agreement, a brief summary of the dispute, and the relief sought. The CCJA notifies the respondent.
2. Answer to the Request The respondent has 45 days to file its Answer, including any counterclaims. Failure to answer does not prevent the arbitration from proceeding.
3. Arbitral Tribunal Constitution The parties nominate arbitrators (or the CCJA appoints them). The CCJA confirms all appointments and can refuse nominees who lack independence or impartiality.
4. Preliminary Meeting and Terms of Reference The tribunal holds a preliminary meeting to agree the procedural timetable, language, seat, and key issues in dispute. Minutes are signed by the parties and the tribunal.
5. Written Submissions Typically two rounds of written submissions (memorials and counter-memorials), with document production. Turkish companies should ensure all contemporaneous records — contracts, correspondence with state entities, licences — are preserved from day one.
6. Hearing An oral hearing is held at which witnesses and experts are examined. The seat is usually in an OHADA member state, though this can be varied by agreement.
7. Award Scrutiny and Rendering The CCJA reviews the draft award in form before it is signed. The tribunal then renders the final award.
8. Exequatur and Enforcement The winning party applies to the CCJA for exequatur. Once granted, the award is enforceable across all 17 OHADA member states as if it were a national court judgment.

Drafting the Right Arbitration Clause for OHADA Contracts

The arbitration clause is the most consequential provision in any contract involving an OHADA party. A poorly drafted clause can render the entire dispute resolution mechanism unworkable — either by creating ambiguity about which regime applies, or by failing to constitute a valid agreement to arbitrate under OHADA law.

Recommended CCJA clause for Turkish companies

What to include beyond the clause

• Governing law Specify the substantive law governing the contract — typically the law of an OHADA member state or a neutral jurisdiction. OHADA Uniform Acts will apply to commercial matters regardless of the chosen governing law if the contract is performed in OHADA territory.
• Language French is the primary language of CCJA proceedings. If your commercial team does not operate in French, specify English or Turkish as the language of proceedings and factor in translation costs.
• Number of arbitrators For contracts above USD 1 million in value, a three-member tribunal is standard. For smaller commercial disputes, a sole arbitrator reduces cost and timeline significantly.
• Interim measures Since the CCJA has no emergency arbitration procedure, consider whether the clause should expressly preserve the right to seek urgent interim relief from competent national courts pending constitution of the tribunal.

Practical Recommendations for Turkish Companies

Before you invest or contract

• Verify whether Turkey has a BIT with the host OHADA state Turkey has signed BITs with Senegal, Cameroon, Guinea, Côte d'Ivoire, and others. A BIT provides treaty-level protections (FET, expropriation, FPS) that contractual clauses cannot replicate. Check the UNCTAD Investment Policy Hub and the Turkish Official Gazette before structuring your investment.
• Structure your corporate vehicle to qualify as a protected investor The BIT will define which entities qualify as "investors." A Turkish company investing through a third-country holding entity may or may not benefit from the BIT. Verify before structuring.
• Include a CCJA clause — not just an ICC clause — for contracts with state entities Several OHADA governments have expressed preference for CCJA arbitration in public contracts. A CCJA clause can also give you automatic enforcement across the region, which an ICC award cannot.
• Engage French-speaking or bilingual legal counsel early OHADA proceedings are predominantly in French. Engaging counsel familiar with both Turkish commercial law and OHADA practice — at the contract stage, not only after a dispute arises — is a structural advantage.
• Document everything with state counterparties Communications with government ministries, regulatory approvals, and changes to contractual terms should be meticulously documented. In investor-state disputes under CCJA Rules, this evidence is what establishes the factual record.

If a dispute is already developing

Before filing any formal legal proceeding, review the applicable contract's arbitration clause and any applicable BIT carefully. Initiating proceedings in national courts may trigger a fork-in-the-road clause or constitute a waiver of arbitration rights. Engage arbitration counsel before sending any formal demand letter or notice of dispute.

The 2017 revised OHADA UAA also introduced mediation as a recognised step before arbitration — and some contracts and investment codes now make a mediation attempt a mandatory pre-condition to arbitration. Failure to comply with these steps can affect admissibility.

The Bottom Line

OHADA is not a niche regional system — it is the governing legal framework for business in 17 African countries representing over 350 million people and a combined GDP of approximately USD 1.2 trillion. Any Turkish company operating in this region is subject to it, whether or not they know it.

The good news is that OHADA's arbitration framework — particularly the CCJA — is modern, internationally aligned, and offers a distinctive enforcement advantage that no other African institution can match. The CCJA's 2017 reform explicitly extended its reach to investor-state disputes, making it a credible alternative to ICSID for disputes involving OHADA member states.

The companies that understand this system before a dispute arises are the ones that recover when one does.