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Rethinking the Role of African National Courts in Arbitration

Rethinking the Role of African National Courts in Arbitration

Author: Emilia Onyema
Publisher: Kluwer Law International
ISBN: 9789041190420
Published In: June 2018
Format: Hardback
Jurisdiction: Africa ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details
Rethinking the Role of African National Courts in Arbitration provides a remarkably thorough overview of the relation of courts and arbitration in the African continent. This book documents the Second SOAS Arbitration in Africa Conference held in Lagos in June 2016. With the increase in commercial transactions, both within the fifty-four independent African States and at international level, it has become apparent that most of the legal framework for arbitration across the continent requires reform. Accordingly, in recent years, as this first in-depth treatment of arbitration in Africa shows, jurisprudence from national courts of various African jurisdictions demonstrates that the courts are becoming more pro-arbitration and judges increasingly understand that their role is to support or complement the arbitral process.

What’s in this book:

Topics discussed include:
- disposition of courts in Africa towards arbitration, whether supportive or interventionist;
- involvement of courts in the arbitral process before, during, and after an award has been rendered;
- publication and access to arbitration-related decisions from African courts;
- enforcement of annulled awards in the African States under the New York Convention;
- prospects for the establishment of a pan-African investment court; and
- how foreign courts (particularly in the United States, France, and Switzerland) perceive African arbitration.
This book discusses the wide range of developmental stages among Africa’s court and legal systems in two parts: Part I explores generic issues relevant to courts and arbitration; and Part II provides detailed descriptions, including court decisions, of the situation in eight specific jurisdictions – Egypt, South Africa, Sudan, Mauritius, Nigeria, Ghana, Rwanda, and Kenya. The authors of these latter chapters are legal practitioners and academics from each of these countries.

How this will help you:

Throughout this book, policy recommendations for improving access to court decisions and laws in the African States are brought to the fore. In its expertise-based advocacy for a mutually harmonious and supportive coexistence for arbitration and litigation in the context of the complexities and peculiarities of African States – and its confrontation of the predominantly negative perception that often leads to ‘arbitration flight’ from the continent – this book helps companies, investors, and their advisors to base their decisions on facts and not perceptions. It is of great value to practising lawyers in arbitration as counsel or arbitrators, companies doing transnational business, global law firms, government officials, and academics in the field.
Editor & Contributors

Foreword

Preface

Summary

PART I
National Courts and Arbitration

CHAPTER 1
The Role of African Courts and Judges in Arbitration
Emilia Onyema

CHAPTER 2
Overview of the Disposition of Courts Towards Arbitration in Africa
Edward Torgbor

CHAPTER 3
Publication and Access to Arbitration Related Decisions from African Courts
Leyou Tameru

CHAPTER 4
Judicial Attitudes Towards the Enforcement of Annulled Awards
Jean Alain Penda Matipe & Prince Ndudi Councillor Olokotor

CHAPTER 5
Towards a New International Economic Order: Proposal for a Pan-African Investment Court
Chrispas Nyombi

PART II
National Jurisdictions

CHAPTER 6
Attitude of Egyptian Courts Towards Arbitration
Nagla Nassar

CHAPTER 7
Attitude of South African Courts Towards Arbitration
David Butler

CHAPTER 8
Attitude of Sudanese Courts Towards Arbitration
Ahmed Bannaga

CHAPTER 9
Attitude of Mauritian Courts Towards Arbitration
Duncan Bagshaw & Iqbal Rajahbalee

CHAPTER 10
Attitude of Nigerian Courts Towards Arbitration
Paul Obo Idornigie & Isaiah Bozimo

CHAPTER 11
Attitude of Ghanaian Courts Towards Arbitration
Kizito Beyuo

CHAPTER 12
Attitude of Rwandan Courts Towards Arbitration
Fidèle Masengo

CHAPTER 13
Attitude of Kenyan Courts Towards Arbitration
Kamau Karori & Ken Melly

Bibliography

Table of Cases

Table of Legislation

Index