Guyader Avocat · OHADA arbitration
Estimate the costs of an arbitration administered by the OHADA Common Court of Justice and Arbitration, in CFA francs and euros.
- Scale of CCJA Decision No. 004/99
- Amount entered in FCFA or euros
- Each party’s advance on costs
Estimated cost, average case
| FCFA | Low | Average | High |
|---|---|---|---|
The Court fixes the fees between the minimum and maximum of the scale and may depart from it in exceptional cases. Amounts exclude taxes.
Advance on costs
The Court fixes the advance, payable in equal shares before the file is sent to the arbitrator.
Advance (average case, excluding expenses)
It also covers the arbitrator’s expenses, the tribunal’s running costs and any expert, not costed here. It is readjusted if the amount in dispute changes by at least a quarter.
Each party’s share, 50%
A party may pay the other’s share if the latter fails to pay.
Fee paid with the request
200 000 FCFA
Coverable by bank guarantee
Up to three quarters of the advance may be covered by a bank guarantee.
The CCJA scale, band by band
Administrative fees
| Amount in dispute (FCFA) | Amount |
|---|
Sole arbitrator’s fees
| Amount in dispute (FCFA) | Low | High |
|---|
Each formula applies to the whole amount in dispute falling within the band. Above FCFA 5 billion, administrative fees become a flat FCFA 30 million.
Arbitrating in the OHADA area?
We assist you before the CCJA, from drafting the clause to enforcing the award, and build a full budget. Reply within 24 working hours. Or write directly to guyader@guyader-avocat.fr.
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What the estimate leaves out
- The arbitrators’ personal expenses and the arbitral tribunal’s running costs.
- The fees and expenses of any tribunal-appointed expert.
- VAT and other taxes, which amounts paid to the arbitrator do not include.
- Your own counsel, advisory and translation costs.
Reading the result
A fee range. For a sole arbitrator, the scale sets a minimum and a maximum depending on the amount in dispute. The average case takes the midpoint. Any separate agreement between the parties and the arbitrator on fees is void: only the Court fixes them.
Above FCFA 1 billion. The calculation follows Annex III published by the CCJA (“resulting from correct calculations”). For these amounts, the OHADA online calculator gives a maximum and, above 5 billion, a minimum that differ from the text: we follow the text.
Three arbitrators. The Court may increase the fees, normally up to three times those of a sole arbitrator. The calculator uses that triple and shows the split applied by the official OHADA calculator between the president and the co-arbitrators.
Euros. The conversion uses the fixed CFA franc parity: FCFA 655.957 per EUR 1.
Frequently asked questions
How much does a CCJA arbitration cost?
For a dispute of FCFA 300 million, about EUR 457,000, the Court’s administrative fees are FCFA 4,250,000 and a sole arbitrator’s fees range from FCFA 3,750,000 to FCFA 12,750,000. Expenses, tribunal running costs and counsel fees come on top.
Who pays the advance on costs?
It is due in equal shares by the claimant and the respondent and must be paid in full before the file is sent to the arbitrator. A party may pay the other’s share.
Is the FCFA 200,000 fee refundable?
No. Paid with the request for arbitration, it is an advance on the administrative fees and is credited to the claimant’s share.
Which text sets the scale?
CCJA Decision No. 004/99 of 3 February 1999 on arbitration costs, approved by the Council of Ministers and still listed in the 2018 CCJA arbitration guide. Article 24 of the 2017 Arbitration Rules refers to that scale.
Is the euro conversion exact?
Yes for the West and Central African CFA francs, which are pegged to the euro at a fixed parity of FCFA 655.957 per EUR 1.
Sources: CCJA Arbitration Rules revised on 23 November 2017 (OHADA Official Journal, special issue of 15 December 2017), Articles 11 and 24; CCJA Decision No. 004/99 of 3 February 1999 on arbitration costs (OHADA Official Journal No. 8 of 15 May 1999), Annexes I to III; OHADA online calculator. Independent estimate by Guyader Avocat. General information, not legal advice for a specific case.