The Africa Arbitration Academy Protocol on Virtual Hearings in Africa: taking virtual hearings to the 21st century
In April 2020, the Africa Arbitration Academy released a Protocol on Virtual Hearings in Africa. While not the first protocol to be released on the subject, it is a timely initiative for African practitioners, especially given that the ongoing COVID-19 pandemic, which has led to strict social distancing measures and travel restrictions in many countries, … Continue reading The Africa Arbitration Academy Protocol on Virtual Hearings in Africa: taking virtual hearings to the 21st century
South Africa’s adoption of the UNCITRAL Model Law: evolution in the practice and procedure of arbitration
South Africa’s recent adoption of the UNCITRAL Model Law for the purposes of international arbitration has been widely celebrated. In a jurisdiction where the statutory framework for the conduct of, and approach to, arbitration had all but stagnated, this move heralds a welcome alignment with global best practice and positions South Africa to become a … Continue reading South Africa’s adoption of the UNCITRAL Model Law: evolution in the practice and procedure of arbitration
In line with international trends, commercial arbitration of disputes in South Africa has become more popular over the last 15 years. This is particularly so in disputes which require the arbitrator to have specialised commercial skills, for example, in disputes that are commercially complex or transnational in scope, or where a particular expertise is required, … Continue reading A new dawn for international arbitration in South Africa?
Arbitration: a crucial factor in ease of doing business and investment growth in Africa
Growth in major African economies over the last two decades has been attributed to the increase in foreign investment and business opportunities. With the increase in foreign investment has come the increase in international disputes and the reluctance of foreign investors to settle these disputes in local courts in African jurisdictions.
The future of institutional arbitration in Anglophone, Francophone and Lusophone Africa
The International Chamber of Commerce (ICC) is experiencing an increasing number of arbitrations where one of the parties, and more significantly the claimant, is from Sub-Saharan Africa. The range of disputes is broadening from resource extraction to major infrastructure projects, farming and even football. There is a strong correlation between the growth in external investment … Continue reading The future of institutional arbitration in Anglophone, Francophone and Lusophone Africa
Arbitration: 2022 in review
2022 will be remembered as the year that the world moved from pandemic disruption to geopolitical chaos. While many of us welcomed the return to international travel, in-person hearings, and our offices, the biggest story was undoubtedly Russia’s invasion of Ukraine and the seismic shift that has followed. While the cost of living crisis and … Continue reading Arbitration: 2022 in review
BCLP Arbitration Survey 2022: reform of the Arbitration Act: evolution in a changing world
For over ten years, BCLP have conducted an annual survey on issues affecting the arbitration process. This year’s survey focuses on the reform of the English Arbitration Act 1996, a topic chosen to coincide with the Law Commission’s ongoing consultation on reform of the legislation.
As of 2022, 46 African countries have signed a memorandum of understanding to be part of the Belt and Road Initiative (BRI), which is China’s infrastructural investment push involving much of the developing world. The BRI’s influence on the continent is doubtless and involves technically complex, high-value, long-term and capital-intensive undertakings, which frequently involve substantial … Continue reading Africa and the Belt and Road Initiative: charting dispute resolution provisions
The evolution of arbitral procedure in South Africa
An arbitration clause, by definition, seeks something other than litigation in a boardroom. Parties choose to arbitrate because they see value in its distinguishing features and wish to capitalise on the flexibility it offers as a means to resolve disputes.
What is the future of investor state dispute resolution under the African Continental Free Trade Agreement?
On 1 January 2021, a significant milestone under the African Continental Free Trade Agreement (AfCTA) was achieved as trading began in the African Continental Free Trade Area. This portends exciting investment opportunities in Africa, for both local and foreign investors. However, it is imperative for investors to know and understand how disputes between states and private … Continue reading What is the future of investor state dispute resolution under the African Continental Free Trade Agreement?
