Procedures
French-model civil procedure, with a Cour Suprême and a specialised commercial court
The Code de Procédure Civile follows French practice. First-instance tribunals, courts of appeal and the Cour Suprême form the hierarchy, with a commercial court created in 2011 for business disputes.
Key rules
- Jurisdiction — National. The Cour Suprême sits in cassation over the courts of appeal; administrative claims are heard in a dedicated chamber.
Governing law
- Code de Procédure Civile
- Loi 118/AN/11 establishing the Tribunal de Commerce
- Loi 4/AN/18 on arbitration and mediation
In practice
Procedure is written, judge-led and structured around the exchange of conclusions rather than around oral hearing, as in France, and cassation review is confined to questions of law. The commercial court was established to reduce delay in business matters and to concentrate expertise. Arbitration was modernised in 2018, and Djibouti is a party to the New York Convention, which is the practically important point for port and concession contracts that routinely provide for foreign-seated arbitration. Enforcement of foreign judgments, by contrast, depends on bilateral arrangements and is materially harder than enforcement of awards. Legal aid exists but is limited, and the small size of the bar means representation in specialised commercial matters is often supplemented from abroad.