Olivier Bustin (Managing International Adviser) writes an article on the usefulness of Commercial Contractual Law at OHADA - Organisation for the Harmonisation of Commercial Law in Africa.

"The central issue is based on the observation that the commercial sales scheme at OHADA is presented as a supplement of will, without any of its provisions being explicitly defined as being of public policy. This reality leads the parties to opt for foreign law in the contractual relationship, even if it applies within the OHADA area.
Furthermore, the submission of the contract to a foreign law calls into question the jurisdiction of the CJCA to hear disputes concerning its formation, interpretation and execution. A reform of commercial sales contract law at OHADA is desirable, in particular to sanction significant imbalances that may affect the contract when the parties are not on an equal standing."

Read the article here.