The Transformation of Arbitration in Africa

The Role of Arbitral Institutions

Author: Emilia Onyema

Publisher: Kluwer Law International B.V.

ISBN: 9041167307

Category: Law

Page: 248

View: 4667

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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 not only offers an in-depth analysis of the role arbitration centres based in African cities currently play throughout the continent but also defines and recommends ways in which they can emerge as a major and indispensable factor in the growth and development of commerce in Africa. Administrators of arbitration institutions from a variety of African countries offer insightful appraisals and suggestions directed to promoting the development and delivery of efficient, effective arbitration services to users across the continent. 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. The book was inspired by an arbitration conference hosted by the African Union Commission at its headquarters in Addis Ababa in July 2015. 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.

Rethinking the Role of African National Courts in Arbitration

Author: Emilia Onyema

Publisher: Kluwer Law International B.V.

ISBN: 9041190430

Category: Law

Page: 450

View: 5173

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With the increase in commercial transactions within the fifty-four independent African states and at the international level, it has become apparent that most of the legal framework for arbitration across the continent require reform. Accordingly, in recent years, as this first in-depth treatment of arbitration in Africa shows, jurisprudence from national courts of various African jurisdictions demonstrates that the courts are becoming more pro-arbitration and judges increasingly better understand that their role is to support or complement the arbitral process. This book documents the second SOAS Arbitration in Africa conference held in Lagos in June 2016. In thirteen lucid chapters, African practitioners and academics and European specialists in African legal and arbitral systems provide a remarkably thorough overview of the relation of courts and arbitration in the continent. Among the matters that arise for discussion are the: • disposition of courts in Africa towards arbitration, whether supportive or interventionist; • involvement of courts in the arbitral process before, during, and after an award has been rendered; • publication and access to arbitration-related decisions from African courts; • enforcement of annulled awards in African states under the New York Convention; • prospects for the establishment of a pan-African investment court; and • how foreign courts (particularly in the United States, France, and Switzerland) perceive African arbitration. Because of the wide range of developmental stages among Africa’s numerous court and legal systems, Part I of the book explores generic issues relevant to courts and arbitration, followed by detailed descriptions, including court decisions, of the situation in eight specific jurisdictions – Egypt, South Africa, Sudan, Mauritius, Nigeria, Ghana, Rwanda, and Kenya. The authors of these latter chapters are legal practitioners and academics from each of these countries. Throughout this book, policy recommendations for improving access to court decisions and laws in African states are brought to the fore. In its expertise-based advocacy for a mutually harmonious and supportive co-existence for arbitration and litigation in the context of the complexities and peculiarities of African states – and its confrontation of the predominantly negative perception that often leads to ‘arbitration flight’ from the continent – this book helps companies, investors, and their advisors to base their decisions on facts and not perceptions. It will be of great value to practising lawyers in arbitration as counsel or arbitrators, companies doing transnational business, global law firms, government officials, and academics in the field.

International Arbitration and the Rule of Law

Contribution and Conformity

Author: N.A

Publisher: Kluwer Law International B.V.

ISBN: 9041194460

Category: Law

Page: 1120

View: 882

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Volume 19 of the Congress Series contains the proceedings of ICCA's 2016 Mauritius Congress, the first ICCA Congress held in Africa. In this volume, renowned practitioners, scholars and jurists from the region and around the world explore the contribution of arbitration to the rule of law and economic development; the conformity of arbitration with international standards of due process and the rule of law; and the benefits and challenges of arbitration in Africa. Topical issues of interest for practitioners, academics and students of arbitration - in the region and internationally - include: • Due process issues in constituting the arbitral tribunal and challenging its members • Interim measures issued by arbitral tribunals and domestic courts • Burden, standard and types of proof in the corruption defence • What to do (and what to avoid doing) to prepare a persuasive case • Do post-award remedies ensure conformity of the arbitral process with the rule of law? • Do rules and guidelines properly regulate the conduct of arbitration? • The interface between domestic courts and arbitral tribunals • What are appropriate remedies for findings of illegality in investment arbitration? • The effect of foreign national court judgments relating to the arbitral award • What does the future hold for investment arbitration in Africa and beyond?

Yearbook Commercial Arbitration, Volume XLI 2016

Author: N.A

Publisher: Kluwer Law International B.V.

ISBN: 904116927X

Category: Law

Page: 914

View: 9340

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The Yearbook Commercial Arbitration continues its longstanding commitment to serving as a primary resource for the international arbitration community with reporting on arbitral awards and court decisions applying the leading arbitration conventions, as well as on arbitration legislation and rules. What's in this book: Volume XLI (2016) includes: • excerpts of arbitral awards made under the auspices of the International Chamber of Commerce (ICC), the Milan Chamber of Arbitration (CAM) and the Paris International Arbitration Chamber (CAIP); • notes on new and amended arbitration rules, including references to their online publication; • notes on recent developments in arbitration law and practice in Argentina, British Virgin Islands, Ecuador, Greece, India, Iraq, Myanmar, Peru, Poland, the Russian Federation, Serbia, the United Arab Emirates and Vietnam; • excerpts of 96 court decisions applying the 1958 New York Convention from 27 countries – including, for the first time, cases from Armenia and the Dominican Republic – all indexed by subject matter and linked to the General Editor’s published commentaries on the New York Convention; • excerpts from other court decisions of interest to the practice of international arbitration; • an extensive Bibliography of recent books and journals on arbitration. The Yearbook is edited by the International Council for Commercial Arbitration (ICCA), the world’s leading organization representing practitioners and academics in the field, with the assistance of the Permanent Court of Arbitration, The Hague. It is an essential tool for lawyers, business people and scholars involved in the practice and study of international arbitration.

Ending Africa's Energy Deficit and the Law

Achieving Sustainable Energy for All in Africa

Author: Yinka Omorogbe,Ada Ordor

Publisher: Oxford University Press

ISBN: 0192551728

Category: Law

Page: 431

View: 5852

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With the inclusion of access to energy in the sustainable development goals, the role of energy to human existence was finally recognized. Yet, in Africa, this achievement is far from realized. Omorogbe and Ordor bring together experts in their fields to ask what is stalling progress, examining problems from institutions catering to vested interests at the continent's expense, to a need to develop vigorous financial and fiscal frameworks. The ramifications and complications of energy law are labyrinthine: this volume discusses how energy deficits can burden disabled people, women, and children in excess of their more fortunate counterparts, as well as considering environmental issues, including the delicate balance between the necessity of water for drinking and cleaning and the use of water in industrial processes. A pivotal work of scholarship, the book poses pressing questions for energy law and international human rights.

Political Ascent

Contemporary Islamic Movements in North Africa

Author: Emad Eldin Shahin

Publisher: N.A

ISBN: N.A

Category: Religion

Page: 275

View: 3336

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Islamic movements in North Africa have historically been distinguished from their counterparts in other parts of the Arab world because they have demonstrated a marked willingness to work within the political system and have at times even been officially recognized and allowed to participate in local and national elections. As a result, Islamic thinkers from the Maghrib have produced important writing about the role of Islam and the state, democracy, and nonviolent change. In this book, Emad Shahin offers a comparative analysis of the Islamic movements in Algeria, Tunisia, and Morocco, exploring the roots of their development, the nature of their dynamics, and the tenets of their ideology. He argues that the formation and expansion of Islamic movements since the late 1960s has come in response to the marginalization of Islam in state and society and to a perceived failure of imported models of development to resolve socioeconomic problems or to incorporate the Muslim belief system into a workable plan for social transformation.

Ethnobotany

the renaissance of traditional herbal medicine

Author: Ramesh Bhandari

Publisher: N.A

ISBN: N.A

Category: Gardening

Page: 246

View: 9588

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The Democratic Challenge in Africa

Discussion Papers from a Seminar on Democratization

Author: Emory University. Governance in Africa Program. Seminar

Publisher: N.A

ISBN: N.A

Category: Democracy

Page: 229

View: 2790

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Discussion papers from a seminar on democratization, held at the Carter Center of Emory University, May 13-14, 1994.

Annuaire Des Organisations Internationales

Author: N.A

Publisher: N.A

ISBN: N.A

Category: International agencies

Page: N.A

View: 7115

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Edition for 1983/84- published in 3 vols.: vol. 1, Organization descriptions and index; vol. 2, International organization participation; vol. 3, Global action networks.