Part 1: Highlights from CPR’s Africa Arbitration Day-New York on the State of the Practice

The CPR Institute's second annual Africa Arbitration Day-New York earlier this fall featured two panels highlighting important issues in international arbitration for Africa.

The program, on Nov. 1 at the New York City office of host sponsor White & Case, was designed to foster greater community among international arbitration practitioners in North America and Africa; and help develop the next generation of Africa-related arbitration practitioners.  

This CPR Speaks post covers the first AAD-NY panel, which offered a comprehensive discussion on the implications of the SOAS University of London Arbitration in Africa Survey Reports. [CPR Speaks will provide highlights from the second CPR AAD-NY panel soon.]

The panel included the report’s lead investigator, Emilia Onyema, who is a professor of international commercial law at SOAS University of London and the director of the school’s Arbitration and Dispute Resolution Centre. (Earlier this year, Onyema was presented with CPR’s 2023 Outstanding Contribution to Diversity in ADR award.  For details, see "CPR News: London Educator/Arbitrator Emilia Onyema Receives CPR’s ADR Diversity Award," 42 Alternatives 92 (June 2024).) Other panelists included:

• Isaiah Bozimo, a partner in Abuja, Nigeria’s Broderick Bozimo & Co.;  
• Victoria Kigen, an attorney who formerly was case counsel at the Nairobi (Kenya) Centre for International Arbitration);
• Rémy Gerbay, a Washington, D.C., partner in Hughes Hubbard, and
• Alice Adu Gyamfi, an associate in the New York office of DLA Piper.

In assessing the implications of the SOAS report, the first CPR AAD-NY panel addressed multiple practice topics, including a prominent focus on the under-representation of African arbitrators in international arbitration. Despite the existence of a growing number of highly qualified practitioners across the continent, African arbitrators are frequently overlooked when it comes time to select tribunal members.

The panel attributed this issue to a perception problem rather than a deficiency in talent or expertise.

International parties and counsel often lack awareness of African arbitrators, perpetuating a cycle where non-African arbitrators are appointed, even in disputes closely tied to Africa.

The panel members emphasized that this lack of visibility undermines trust in African arbitrators and restricts their opportunities to gain the experience and recognition needed to compete on a global scale. They proposed solutions including the development of comprehensive, accessible directories of African arbitrators, increased advocacy to promote African talent, and the creation of networks to build trust and credibility.

Events like CPR's Africa Arbitration Day-New York were lauded as vital platforms for showcasing African arbitration professionals and fostering meaningful connections.

Strengthening African Arbitral Institutions

With more than 90 arbitral institutions on the continent, the panel underscored the importance of strengthening these entities to enhance arbitration in Africa.

The existence of numerous institutions was seen as necessary for meeting the diverse needs of Africa’s 54 countries, which vary widely in legal systems, languages, and economic conditions. But not all institutions are equally equipped to handle disputes, with some focused on training and networking rather than administering cases.

The panel highlighted the critical need for institutions to establish clear, effective rules and demonstrate robust case administration capabilities. Examples like the Nairobi Center for International Arbitration and the Arbitration Foundation of South Africa: AFSA illustrated how institutions could thrive by offering transparent and efficient services. The panel also explored the potential benefits of regional cooperation, proposing the idea of regional hubs that could collaborate with local institutions to streamline and strengthen arbitration services across the continent.

Leveraging AfCFTA's Opportunities

The African Continental Free Trade Area, or AfCFTA (discussed here in a World Bank report) emerged as a central focus of the discussion. With its potential to boost intra-African trade and create the world’s largest free trade area, AfCFTA is expected to generate an increase in commercial disputes, making arbitration a crucial mechanism for resolutions.

To prepare for these opportunities, the panel recommended that African law firms:

• Expand networks across African jurisdictions: Building trusted partnerships with law firms and institutions in different countries will enable better handling of cross-border disputes.

• Specialize in key sectors: Expertise in areas such as energy, natural resources, infrastructure, and finance will position firms to capture AfCFTA-related disputes.

• Understand AfCFTA’s dispute resolution mechanisms: Familiarity with the Dispute Settlement Body, or DSB, and its arbitration framework will be critical in advising clients effectively.

The panel also discussed the potential for regional or continental enforcement mechanisms to address the challenge of enforcing arbitration awards across jurisdictions, a critical step in making arbitration more effective under AfCFTA.

Call to Action

The insight from this panel underscores the urgency of addressing systemic barriers to African participation in international arbitration and preparing for the transformative opportunities presented by AfCFTA.

Stakeholders across the arbitration world were encouraged to collaborate in promoting African talent, supporting the development of institutions, and fostering a robust framework that can handle the complexities of intra-African trade.

The panel members agreed that initiatives such as the SOAS Arbitration in Africa Survey Reports and Africa Arbitration Day are instrumental in achieving these goals. By engaging actively with these platforms, stakeholders can contribute to building an inclusive, effective arbitration system that reflects Africa’s growing prominence in international trade and dispute resolution.

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Panel 1 of the 2024 Africa Arbitration Day-New York can be found on the CPR Institute’s website here. Video recordings for panel presentations at the inaugural, Dec. 8, 2023, CPR Africa Arbitration Day-New York, at the New York City Bar Association, can be found here.

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The author, a student at Brooklyn Law School in New York, is a Fall 2024 intern at Alternatives’ publisher, the CPR Institute.

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