Ohada as a Base for Further Chinese Investment in Africa

Abstract

The objective of the establishment of OHADA is to remedy the legal and judicial insecurity that prevails in member states by modernizing and harmonizing the commercial laws and promoting arbitration as a means of settling contractual disputes, and in the end to realize the economic integration. Up to now, the OHADA has adopted 8 uniform acts relating to many aspects of doing business, which not only introduces modern and market-friendly legislations but also creates a common legal area in the OHADA region. These efforts has enhanced the investors' confidence in this region, including the investors from China. The OHADA region and its uniform laws will be of great benefit for the Chinese further investment in Africa, due to the complementarity in economy between China and the OHADA member states, the location of the OHADA member states and their memberships in other regional organizations which is helpful for the Chinese investors to expand their markets in Africa, as well as their shared civil law tradition, in particular, their commercial laws with the French origin more or less. In order to take the advantage of the OHADA, the Chinese investors should pay more concern to its harmonized commercial laws. In fact, the Chinese academics have made great efforts to promote OHADA laws in China, which has enhanced the public awareness of them in China. These efforts has resulted in the increase of the Chinese investment in the OHADA region.

Keywords: OHADA China investment Africa