Arbitration in Africa: A Practitioner's Guide

Author: Lise Bosman
Publisher: Kluwer Law International
ISBN: 9789041135209
Published In: June 2013
Format: Hardback , 544 pages
Jurisdiction: Africa ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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In recent years African countries have taken great strides in their response to the demand for reliable contractual and institutional forms of doing business and for high-quality dispute resolution mechanisms. Modern international arbitration has taken root, with certain countries actively embracing modern harmonized arbitral practice, and others in the process of change and development. This unprecedented volume assembles for the first time a country-by-country analysis – both practical and insightful – of how arbitration is conducted in 46 African countries, providing essential information about legislative provisions, treaty adherence, and arbitral procedure. Contributors include current and former judges, distinguished practitioners, academics, and institution-builders, all of whom are active in promoting the use of arbitration as a viable means of dispute resolution in Africa. Five sections representing the main regions of the continent, each with a substantive introductory chapter covering the major trends within that region, offer country overviews addressing issues such as the following:

adherence to the key arbitration conventions;

the modernity of a State’s arbitration legislation and its compatibility with the UNCITRAL Model Law;

particular features of arbitral practice in that jurisdiction;

access to and (where available) statistics from local and regional arbitral institutions;

significant arbitration-related national case law; and

enforcement of foreign arbitral awards.

A sixth section focuses on Africa-based investor-State arbitration, providing an empirical analysis of the experience and record of African States with investment treaties and investor-State arbitration. Useful tables of intra-African bilateral investment treaties, a list of ICSID proceedings involving African States, and other tabular features round out the volume. The book will be welcomed by arbitration practitioners and legal academics everywhere as the essential guiding light in what is rapidly becoming a crucially important area of international arbitration practice.

Foreword, J. Paulsson.
Preface.
List of Contributors.
List of Abbreviations.
Part 1: Southern Africa.
1. The Southern African Development Community and the UNCITRAL Model Law, L. Bosman.
Country overviews: Angola, Botswana, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, The Seychelles, South Africa, Zambia, Zimbabwe.
Part 2: West Africa.
2. International Arbitration in the West African States, E. Onyema.
Country overviews: Cape Verde, The Republic of Gambia, Ghana, Nigeria, São Tomé and Príncipe.
Part 3: East Africa.
3. Arbitration in East Africa: An Overview, E. Torgbor.
Country overviews: Burundi, Djibouti, Eritrea, Ethiopia, Kenya, Rwanda, Somalia, Sudan, Tanzania, Uganda.
Part 4: North Africa.
4. Arbitration in North Africa: An Overview, S. Houerbi.
Country overviews: Algeria, Egypt, Libya, Morocco, Tunisia.
Part 5: The OHADA Region.
5. Arbitration under the Common Court of Justice and Arbitration of the OHADA Contracting States, P. Leboulanger, G. Kenfack Douajni.
Country overviews: Benin, Burkina Faso, Cameroon, Central African Republic, Chad, The Republic of Congo, Democratic Republic of Congo, Equatorial Guinea, Gabon, Guinea-Bissau, Ivory Coast, Niger, Senegal, Togo.
Part 6: Investment Treaties and Investor-State Arbitration.
6 . Investment Arbitration Involving African States, K. Daele.
Annex 1 to Part 6: Intra-Africa BITs.
Annex 2 to Part 6: BITs Entered into by Region.
Annex 3 to Part 6: Ranking African States in Terms of BITs.
Annex 4 to Part 6: Chronological List of ICSID Proceedings Involving African States.
Subject Index.
Appendix I: Table of Legislation.
Appendix II: UNCITRAL Model Law States.
Appendix III: Treaty Adherence of African States (ICSID, New York Convention, and OHADA).