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Ohada
Legis Practical Information
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PRACTICAL INFORMATION RELATED TO OHADA PROCEEDINGS
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The list of public holidays to be excluded in the computation of procedural terms |
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Summary of Decision n°°001/99/CCJA to establish the list of public holidays |
List of the public holidays in the meaning of article 25.4 of the Arbitration Rules (art. 1):
- January 1rst ;
- Easter Monday ;
- May 1rst , Labour Day and if it is on Sunday, the subsequent day ;
- Ascension ;
- Pentecost Monday ;
- End of Ramadan (Aïd-El-Fitr) ;
- Tabaski (Aïd-El-Kébir) ;
- August 7, National commemoration Day of the Republic of Ivory Coast and if it is on Sunday, the subsequent day ;
- August 15, Assumption ;
- November 1, all Saints' Day ;
- November 15, National Peace Day ;
- December 25, Christmas ;
- the date following the Fate Night (Laïlatou-Kadr) ;
- the day following the date of the commemoration of the birth of the Prophet Mohammed (Maouloud) ;
- December 7, date of the commemoration of the death of the first President of the Republic of Ivory Coast, late Houphouët Boigny, until December 7, 2000 included.
The public holidays mentioned hereabove are the ones observed in the headquarters of Ohada Common Court of Justice and Arbitration.
The provisions of article 25.4 exclusively refer to the public holidays mentioned in article 1 hereabove (art. 2).
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The extension of procedural terms in view of the distance
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Summary of Decision n° 002/99/CCJA to Extend the Procedural Terms in view of the Distance |
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Except for parties usually residing in Ivory Coast, procedural terms are extended as follows in view of the distance (art. 1) :
- in Central Africa : plus twenty one day,
- in West Africa : plus fourteen days,
- in the Islamic Federal Republic of Comoros and other countries : plus thirty days.
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The rates in the Registry of Ohada Common Court of Justice and Arbitration
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Summary of Decision n° 003/99/CCJA to Establish the Rates of the Instruments to be Established by the Registry of Ohada Common Court of Justice and Arbitration
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INSTRUMENT CONCERNED
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AMOUNT TO PAY IN CFA F
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| Appeal certificate |
1,000
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| Non-appeal certificate |
1,000
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| Acknowledgment of deposit of petition and of documents exhibited |
500
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| Acknowledgment of deposit of a writ of summons for publication in Ohada Official Gazette |
2,000
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| Notification of the petition to the parties |
5,000
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| Notice on the time-limit to put a petition in order |
2,000
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| Notification of statements relating to a case |
5,000
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| Notification of receipt of the file relating to a case referred to the Common Court of Justice and Arbitration |
2,000
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| Certified true copy |
300F/page
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| Excerpt |
500
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| Authentic copy of an order |
300F/page
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| Authentic copy of a judgment |
300F/page
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| First authentic copy |
500F/page
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| Notification to the parties of a third person's request to enter the suit as a party |
5,000
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| Order relating to the time-limit to lodge statements on a case or to make written or oral remarks |
2,000
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| Order on the time-limit to reply to a statement in connection with a third person's request to enter the suit as a party |
2,000
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| Notification of an injunction relating to a stay of execution |
2,000
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A reserve shall be deposited, the amount of which is to be determined by the Chief Registrar in respect of any case brought before the Court. Any dispute relating to the-said amount shall be settled by order of the President (art. 2).
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Administrative
expenses and arbitrator's fees in the framework of Ohada arbitration.
The rates |
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APPENDIX
I - ADMINISTRATIVE EXPENSES
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FOR AN AMOUNT OF CLAIM
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ADMINISTRATIVE EXPENSES (1)
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| UP TO 25,000,000 |
500,000
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| FROM 25,000,001 TO 125,000,000 |
2.00%
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| FROM 125,000,001 TO 500,000,000 |
1.00%
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| FROM 500,000,001 TO 750,000,000 |
0.40%
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| FROM 750,000,001 TO 1,000,000,000 |
0.20%
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| FROM 1,000,000,001 TO 5,000,000,000 |
0.05%
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| OVER 5,000,000,000 |
30,000,000
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(1) As an example only, the table in appendix III indicates administrative
expenses resulting from correct calculations
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APPENDIX
II - FEES OF AN ARBITRATOR
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FOR AN AMOUNT OF CLAIM
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FEES (1)
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Minimum
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Maximum
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| UP TO 25,000,000 |
500,000
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10.00 %
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| FROM 25,000,000 TO 125,000,000 |
1.50 %
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5.00 %
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| FROM 125,000,001 TO 500,000,000 |
1.00 %
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3.00 %
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| FROM 500,000,001 TO 750,000,000 |
0.50 %
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2.00 %
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| FROM 750,000,001 TO 1,000,000,000 |
0.30 %
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1.50 %
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| FROM 1,000,000,001 TO 5,000,000,000 |
0.10 %
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0.30 %
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| OVER 5,000,000,000 |
0.01 %
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0.05 %
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(1) As an example only, the table in appendix III indicates administrative
expenses resulting from correct calculations
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APPENDIX
III ADMINISTRATIVE EXPENSES AND FEES OF AN ARBITRATOR RESULTING
FROM CORRECT CALCULATIONS
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AMOUNT OF CLAIM
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ADMINISTRATIVE EXPENSES
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FEES OF THE ARBITRATOR
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Minimum
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Maximum
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UP TO 25,000,000
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500,000
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500,000
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10 % of the amount of the claim
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FROM 25,000,001
to
125,000,000
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500,000 + 2.00 % of any amount above 25,000,000
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500,000 + 1.50 % of any amount above 25,000,000
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2,500,000 + 5.00 % of any amount above 25,000,000
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FROM 125,000,001 to
500,000,000
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2,500,000 + 1.00 % of any amount above 125,000,000
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2,000,000 + 1.00 % of any amount above 125,000,000
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7,500,000 + 3.00 % of any amount above 125,000,000
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FROM 500,000,001 to
750,000,000
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6,250,000 + 0.40 % of any amount a-bove 500,000,000
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5,750,000 + 0.50 % of any amount above 500,000,000
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18,750,000 + 2.00 % of any amount above 500,000,000
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FROM 750,000,001 to
1,000,000,000
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7,250,000 + 0.20 % of any amount above 750,000,000
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7,000,000 + 0.30 % of any amount a-bove 750,000,000
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23,750,000 + 1.50 % of any amount above 750,000,000
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FROM 1,000,000 001 to
5,000,000,000
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7,750,000 + 0.05 % of any amount a-bove 1,000,000,000
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7,750,000 + 0.10 % of amount above 1,000,000,000
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27,500,000 + 0.30 % of any amount a-bove 1,000,000,000
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OVER
5,000,000,000 |
30,000,000
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11,750,000 + 0.01 % of any amount above 5,000,000,000
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39,500,000 + 0.05 % of any amount a-bove 5,000,000,000
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