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Trade: OHADA to Open Arbitration Center in Kinshasa, DR Congo

Trade: OHADA to Open Arbitration Center in Kinshasa, DR Congo

The Organization for the Harmonization of Business Law in Africa (OHADA) plans to set up an arbitration center in Kinshasa, Democratic Republic of Congo (DRC). OHADA’s Permanent Secretary Mayata Ndiaye announced the ambition on March 17, 2025, during a meeting with Guylain Nyembo, the DRC’s Deputy Prime Minister. Besides boosting legal security for investors, the center should improve the business climate. 

"Concerning the investment climate, the exchange focused on the project to set up an arbitration center office here in Kinshasa. We are very pleased to announce its support for the immediate and urgent realization of this project, which can be useful to us not only for investment contracts but also for managing disputes related to the exploitation of the DRC's natural resources," Guylain Nyembo declared.

The project was approved last August, at OHADA’s 57th Council of Ministers in Dakar, Senegal. 

In detail, the arbitration center will provide businesses with a neutral alternative to state courts for resolving disputes.

OHADA’s move addresses systemic challenges in the DRC’s legal landscape, where judicial inefficiencies and corruption have long deterred investment. Despite President Félix Tshisekedi’s pledge last November to “purge” the justice system of its “scourges” during the États Généraux de la Justice, implementation of reforms remains pending. 

In the World Bank’s 2021 Doing Business report, the DRC ranked 183rd out of 190 countries, underscoring systemic issues in contract enforcement and investor protection.

This article was initially published in French by Ronsard Luabeya (intern)

Edited in English by Ola Schad Akinocho

 

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