International Commercial Arbitration and African States is a timely assessment of the arbitral process in the African context. The book focuses on the contribution that arbitration, and other methods of alternative dispute resolution, may make to the development of African states and peoples, while satisfying the legitimate expectations of inward investors and traders. Although focusing on dispute resolution regimes affecting or concerning African states and their nationals, the work will also have practical, policy and comparative implications for dispute resolution, commercial arbitration and foreign investment in other regions.
• A detailed examination of the international commercial arbitral processes in the African context with practical policy implications • Discusses the various dispute resolution mechanisms and procedures available to commercial parties in Africa, their nature, suitability, relative practical importance and effectiveness in dispute situations in Africa • A penetrating review of the developments and trends in dispute resolution laws and the infrastructure for dispute resolution in Africa
Part I. The Options, Parties and Concepts: 1. Introduction; Part II. Institutional Arbitration in Africa: 2. Development of institutional arbitration in Africa; 3. Functions and activities of the Regional Centres; Part III. Legal Infrastructure for Dispute Resolution in Africa: 4. Developments of arbitration laws in Africa; 5. Trends in third generation arbitration laws; 6. The New York Convention in an African setting: problems and prospects; Part IV. ICSID Arbitration and Conciliation: The African Experience: 7. African States and the making of the ICSID Convention; 8. Jurisdiction ratione materiae under ICSID; 9. Jurisdiction rationae personae under ICSID; 10. Consent under the ICSID Convention; 11. The problems of ICSID Arbitration without Privity; 12. Recognising and enforcing ICSID awards; Part V. Conclusion: 13. Lack of growth and development of arbitration in Africa; Bibliography.
'A thorough analysis of dispute resolution mechanisms in Africa, this volume offers useful information on the development of institutional arbitration with particular emphasis on the African experience with ICSID arbitration.' Yearbook Commercial Arbitration
'This is a book of excellent scholarship … without doubt this book is an invaluable addition to any international arbitration library.' Arbitration International
'… this is a remarkable treatise. it is extremely rigorous in all respects: the structure, the contents, the bibliography and the various tables.' International Business Lawyer