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The Transformation of Arbitration in Africa

The Transformation of Arbitration in Africa The Role of Arbitral Institutions

  • Author:
  • Publisher: Kluwer Law International
  • ISBN: 9789041167293
  • Published In: September 2016
  • Format: Hardback , 248 pages
  • Jurisdiction: International ? Disclaimer:
    Countri(es) stated herein are used as reference only

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  • Description 
  • Contents 
  • Details

    The Transformation of Arbitration in Africa offers an in-depth analysis of the role arbitration centres based in African cities play throughout the continent. 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 defines and recommends ways in which these institutions can emerge as a major and indispensable factor in the growth and development of commerce in Africa.

    The book was inspired by an arbitration conference hosted by the African Union Commission at its headquarters in Addis Ababa in July 2015.

    What’s in this book:

    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.

    Administrators of arbitration institutions from a variety of African countries offer insightful appraisals and suggestions directed towards promoting the development and delivery of efficient, effective arbitration services to users across the continent. This book critically examines the current state of arbitration institutions in Africa, thereby developing an understanding of the gaps in current arbitral practice in Africa.

    How this will help you:

    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.

  • Editor

    Contributors

    Foreword

    List of Abbreviations

    Acknowledgements

    Introduction

    Emilia Onyema

    PART I General

    CHAPTER 1 Arbitration Institutions in Africa

    Emilia Onyema

    PART II Regional Arbitration Institutions in Africa

    CHAPTER 2 The CCJA as a Regional Arbitration Institution

    Mahutodji Jimmy Vital Kodo & Narcisse Aka

    CHAPTER 3 The Cairo Regional Arbitration Centre

    Mohamed Abdel Raouf & Dalia Hussein

    CHAPTER 4 Arbitration Institutions in East Africa

    Kariuki Muigua

    PART III Arbitration Institutions in Africa

    CHAPTER 5 The Experience of LCIA-MIAC

    Duncan Bagshaw

    CHAPTER 6 The Lagos Court of Arbitration Centre

    Megha Joshi & Tolu Obamuroh

    CHAPTER 7 The Ghana Arbitration Centre

    Emmanuel Amofa

    CHAPTER 8 Arbitration Centres in French-Speaking African Countries

    Jean Alain Penda

    CHAPTER 9 Promotion of Arbitration to Domestic Small and Medium Sized Enterprises

    Bernadette Uwicyeza

    Appendices

    APPENDIX I

    African Countries: Arbitration Laws and Conventions

    APPENDIX II

    African Countries: List of Arbitration Institutions

    APPENDIX III

    Participation of African Parties, Cities and Arbitrators in ICC Arbitrations: 2000-2015

    Bibliography

    Table of Cases

    Table of Legislations

    Index

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