The Transformation of Arbitration in Africa : The Role of Arbitral Institutions

Abstract

Given the dynamic growth of African economies and the expansion of cross-border trade and commerce, the need for readily accessible African arbitral institutions has become increasingly urgent. Accordingly, this book not only offers an in-depth analysis of the role arbitration centres based in African cities currently play throughout the continent but also defines and recommends ways in which they can emerge as a major and indispensable factor in the growth and development of commerce in Africa. Administrators of arbitration institutions from a variety of African countries offer insightful appraisals and suggestions directed to promoting the development and delivery of efficient, effective arbitration services to users across the continent. Among the issues and topics covered are the following: • types of arbitration institutions available in Africa; • viability and sustainability of these institutions; • institutions'relationship with government; • quality of service; • performance of arbitration institutions in their respective countries and regions; • national laws that regulate arbitration in Africa's fifty-four states; • extent of collaboration with foreign institutions; • provision of functional facilities, transcription services, hearing rooms, document handling, and managerial and translation services; • marketing activities and strategies; • mending the disconnect between Francophone and Anglophone countries; • role of the Common Court of Justice and Arbitration (CCJA); and • necessity of overcoming foreign negative perceptions and bias. The book was inspired by an arbitration conference hosted by the African Union Commission at its headquarters in Addis Ababa in July 2015. As a contribution to the discussion of the role arbitration and arbitration institutions can play in transforming the legal landscape in African countries for the resolution of commercial disputes – indeed, the entire discourse on legal efficiency and access to justice in African countries – this book will prove invaluable to practitioners and academics in international commercial arbitration within and beyond the continent. Its emphasis on the creation of a facilitative, supportive, and conducive cultural and infrastructural environment as a mechanism for commercial dispute resolution in Africa and for the practice of arbitration in Africa will appeal to in-house counsel, external legal advisors, consultants, arbitral institutions, arbitrators, and government policymakers.