Legal Developments in Arbitration in Sub-Saharan Africa

Please note that this summary of the panel was AI-generated and therefore has not been fully vetted for accuracy.

The Washington Arbitration Update session, led by Young Laird, featured a panel discussing the growth and development of international arbitration in Africa. Laird acknowledged the contributions of his colleague Dr. Jose Antonio Rivas and others in organizing the conference, emphasizing the importance of expanding arbitration practices beyond traditional centers.

Dr. Rivas highlighted the ambition of the conference to connect practitioners across five continents and to decentralize international arbitration, recognizing its evolution in various regions, including Africa. The panel included notable speakers from diverse backgrounds, each sharing insights on the complexities of arbitration in sub-Saharan Africa, characterized by its vast legal systems and languages.

The discussion addressed the increasing use of arbitration in the region, particularly in light of the African Continental Free Trade Agreement (AfCFTA) and its potential to enhance investment opportunities. Speakers noted that despite challenges, such as diverse legal traditions and limited resources, there is a growing recognition of the need for effective arbitration mechanisms.

The panelists emphasized the importance of national courts in shaping the legal environment for arbitration and discussed recent developments, including new arbitration laws in countries like Nigeria and Sierra Leone. They acknowledged the rise of arbitration institutions across Africa and the need for better access to arbitration decisions to enhance transparency and trust.

As the session progressed, the conversation shifted to the future of arbitration in Africa, particularly in relation to the AfCFTA and its investment protocols. The speakers underscored the significance of sustainable investment practices and the role of arbitration in facilitating economic growth while addressing social responsibilities.

The session concluded with a call for continued collaboration among African arbitration institutions to foster development and improve the legal landscape, paving the way for a more robust arbitration framework in the region. Participants were invited to engage in breakout discussions to explore these topics further.

Authors: Ucheora Onwuamaegbu, Efemena Iluezi-Ogbaudu, Abayomi Okubote, Victoria KigenAna Carolina Dall’Agnol