Practice Area
Arbitration
Resolving disputes beyond the courtroom
Law Digest explores disputes, arbitration proceedings, and emerging developments in alternative dispute resolution. We examine important decisions, practical issues, and trends shaping how commercial disputes are resolved across Africa and internationally. As cross-border commerce accelerates and investor confidence grows, arbitration has emerged as the dispute resolution mechanism of choice for sophisticated commercial parties across the continent.
The Rise of Arbitration in Africa
Arbitration has become the preferred mechanism for resolving complex commercial disputes across Africa. From investor-state arbitrations to construction and energy sector disagreements, the continent's arbitration landscape is evolving rapidly. Law Digest tracks these developments with authoritative analysis from leading practitioners and academics, ensuring our readers stay ahead of critical shifts in arbitral practice, institutional rules, and enforcement of awards. The growth of arbitration in Africa reflects broader economic trends. As foreign direct investment increases across the continent and domestic enterprises expand regionally, the volume and complexity of commercial disputes have risen correspondingly. Parties increasingly favour arbitration for its confidentiality, the availability of specialist decision-makers, and the relative ease of cross-border enforcement under the New York Convention — to which most African states are now signatories. Law Digest's arbitration coverage draws on contributions from leading arbitrators, counsel, and academics based in Lagos, Nairobi, Johannesburg, London, Paris, and beyond. Our contributors bring first-hand experience of institutional and ad hoc arbitrations governed by major international rules, including those of the ICC, LCIA, SIAC, HKIAC, and the Lagos Court of Arbitration.
Arbitration facilitates resolution through collaboration
Institutional Development
African arbitral institutions have matured significantly in the past decade. The Lagos Court of Arbitration, the Nairobi Centre for International Arbitration, the Kigali International Arbitration Centre, and the Singapore International Arbitration Centre's Africa office have collectively expanded the continent's capacity to host international arbitrations on African soil.
Law Digest closely monitors the development of these institutions, examining their rules, procedural innovations, caseload statistics, and enforcement track records. We also cover the activities of established international institutions with significant African caseloads, providing practitioners with a comprehensive view of the institutional landscape.
Beyond institutions, we examine the training and professional development of African arbitrators. The representation of African practitioners on international arbitral panels remains a critical issue, and Law Digest highlights initiatives aimed at diversifying the pool of available arbitrators across the continent.
Key Topics We Cover
Our arbitration coverage spans a wide range of specialist topics, each examined with the depth and rigour that practitioners expect from Law Digest:
International commercial arbitration — including the recognition and enforcement of foreign arbitral awards across African jurisdictions, challenges to awards on public policy grounds, and the interaction between national courts and arbitral tribunals.
Investor-state dispute settlement — particularly cases involving African states under bilateral investment treaties and the evolving jurisprudence of ICSID and UNCITRAL arbitrations.
Construction and engineering disputes — examining the specific challenges of multi-party, multi-contract arbitrations common in large infrastructure projects across the continent.
Oil and gas arbitration — including production-sharing contract disputes, joint venture disagreements, and regulatory taking claims in the extractive industries.
Maritime and shipping disputes — covering cargo claims, charterparty disagreements, and the intersection of admiralty law with arbitration in key African port jurisdictions.
Sports arbitration — examining CAS proceedings involving African athletes, clubs, and federations, and the development of domestic sports arbitration mechanisms.
Enforcement and Judicial Support
The effectiveness of arbitration ultimately depends on the willingness of national courts to support the arbitral process and enforce arbitral awards. Law Digest examines enforcement proceedings across African jurisdictions, identifying trends in judicial attitudes toward arbitration and highlighting potential obstacles to award enforcement.
We pay particular attention to the interpretation of the New York Convention's public policy exception, the availability of interim measures from national courts in support of arbitration, and the development of arbitration-friendly legislation across the continent.
Judicial support is essential for effective arbitration
Emerging Issues
Several emerging issues are reshaping the arbitration landscape in Africa. Third-party funding of arbitrations raises questions about disclosure, conflicts of interest, and the regulation of litigation finance. The use of technology in arbitration — from virtual hearings to AI-assisted document review — is accelerating, particularly in the wake of the COVID-19 pandemic.
Climate change and environmental disputes are creating new categories of arbitration, particularly in the energy and extractive industries. Treaty-based arbitration related to renewable energy investments and climate-related regulatory measures represents a growing frontier.
Law Digest also examines the intersection of arbitration with human rights, including the enforceability of arbitral awards that may conflict with domestic human rights obligations, and the use of arbitration to resolve disputes involving state-owned enterprises.
“Arbitration is no longer a luxury reserved for multinational corporations — it is becoming the standard mechanism for resolving commercial disputes across every sector of Africa's economy.”
Key Figures
By the Numbers
70+
African States
Party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards
15
Major Institutions
Active arbitral institutions across the African continent
3×
Growth
Tripling of African-seated arbitrations in the past decade
Case Law
Notable Cases
Dangote Industries v. BUA Group
Nigeria
A landmark commercial arbitration involving two of Africa's largest conglomerates, raising important questions about joinder of non-signatories and the scope of arbitration agreements in complex group structures.
Sahara Group v. Federal Republic of Nigeria
ICSID
An investor-state dispute examining the scope of fair and equitable treatment protections under bilateral investment treaties and their application to regulatory changes in the energy sector.
Further Reading
Key Journals & Publications
Whether you are a seasoned arbitrator or a practitioner encountering arbitration for the first time, Law Digest provides the insight you need to understand this vital area of law. Our coverage connects you to the developments, decisions, and practitioners shaping dispute resolution across Africa and beyond.