Togo National Assembly Adopts Bill to Modernize Commercial Courts

Togo has approved a reform to make commercial justice more business-friendly, with the National Assembly adopting a bill in an extraordinary session in Lomé last week. The government-backed legislation amends a 2018 law governing commercial courts and aims to modernize commercial justice to keep pace with economic, technological, and legal developments.

The reform seeks to strengthen legal certainty and confidence in the courts while making commercial proceedings faster, more accessible, and more predictable for businesses and investors. It adapts the operation of specialized courts to the need for faster proceedings, digital transformation of public services, and developments in OHADA law. Key changes include the possibility of issuing court decisions electronically and allowing hearings to be held by videoconference.

The legislation also allows for the creation of a specialized chamber to handle insolvency proceedings involving financially distressed companies and raises the small-claims threshold to speed up the resolution of lower-value disputes. This should help strengthen confidence among businesses and investors by providing a more efficient court system that better meets the needs of the private sector.

The reform is significant for practitioners as it aims to reduce case-processing times and make commercial justice more accessible to litigants. Attorneys should monitor the implementation of these changes, particularly the introduction of electronic decision-making and videoconferencing hearings. Businesses operating in Togo should also be aware of the increased small-claims threshold and the creation of a specialized chamber for insolvency proceedings.

The relevant statutes involved are the 2018 law governing commercial courts and OHADA law. The court hierarchy will likely see changes with the introduction of electronic decision-making and videoconferencing hearings. Regulators, such as the Togolese Ministry of Justice, will also play a key role in implementing these reforms.

Practitioners should be aware that this reform is part of a broader effort to modernize commercial justice in Togo. Attorneys should stay informed about the implementation timeline and any further developments related to electronic decision-making and videoconferencing hearings.