COTE D’IVOIRE TRENDS AND DEVELOPMENTS Contributed by: Abdourahim Bodeen Diallo, Saran Kaba and Zahra Diallo, Thiam & Associés
decree in 2012, has been strengthened, and its model replicated, through the establishment of additional commercial courts in Bouaké and San Pedro. These specialised courts offer greater expertise in commer - cial disputes, shorter processing times, and increased predictability of decisions. Côte d’Ivoire has also promoted alternative dispute resolution. Following the revision of OHADA’s arbitra - tion and mediation Uniform Acts in 2017, the country has benefited from a more modern and flexible frame - work for arbitration, whether institutional or ad hoc, while strengthening the recognition and enforcement of arbitral awards. The Abidjan commercial court, the arbitration, mediation, and conciliation centre of the Common Court of Justice and Arbitration (CCJA), remains a preferred institution, particularly for cross- border disputes involving foreign investors. Sectoral reforms and emerging opportunities Côte d’Ivoire’s economic trajectory is supported by sector-specific reforms aimed at boosting the coun - try’s competitiveness, sustainability, and investor con - fidence. Three sectors, among others, stand out due to ongoing structural reform: • energy and mining; • infrastructure through PPPs; and • the digital economy, powered by regulatory innova - tion and technological adoption. Energy and mining (a focus on mining sector trends is in Appendix 1) The mining sector continues to be structured through implementation of the 2014 Mining Code (Law No 2014-138 of 24 March 2014) and complementary regulations focused on local content. These provisions notably impose: • the incorporation of local service providers and suppliers at the heart of operating contracts; • the development of skills and access to employ -
These measures aim to increase domestic econom - ic benefits while preserving contractual stability for investors. In the hydrocarbons sector, reforms are underway to modernise production-sharing mechanisms and update the contractual framework governing upstream activities. Deepwater exploration remains a priority, accompanied by strengthened transparency require - ments under the Extractive Industries Transparency Initiative (EITI). Environmental, social and governance (ESG) has also become a guiding principle of sectoral policies. Investors must now align projects with ESG principles, addressing environmental and social impacts. While compliance requirements have grown, they also pro - vide long-term risk-mitigation benefits and enhance investor credibility. Infrastructure and Public–Private Partnerships (PPPs) The PPP framework, governed by Law No 2018-575 of 13 June 2018, offers a structured regime for select - ing private partners, allocating risks, and determining financing methods. The National Steering Committee for PPPs (CNP-PPP) has been strengthened to eval - uate project feasibility, standardise contractual tem - plates, and co-ordinate with development partners. Combined with OHADA securities law and strong arbi - tral-award enforceability, the PPP framework remains highly attractive to international investors. Digital economy and fintech regulation The digital economy is expanding rapidly, driven by the boom in electronic payments, mobile money, and online commerce. Regional standards under the Union Économique et Monétaire Ouest-Africaine (UEMOA) guide, through the Banque centrale des États de l’Afrique de l’Ouest (BCEAO), the regulation of electronic money, payment institutions, and inter - operability requirements. Key regulatory developments include: • enhanced personal data protection under Law No 2013-450;
ment for the national workforce; and • the gradual transfer of technical skills.
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