Africa is not aspiring to join arbitration; it’s already a key player – experts

Though some people still believe arbitration is underdeveloped in Africa, legal experts at a high-level conference in Kigali on June 5 insisted otherwise, declaring that the continent is not aspiring to join the arbitration world as it is already a key player. This was during a one-day conference co-organized by the International Council for Commercial Arbitration (ICCA) and Kigali International Arbitration Centre (KIAC), under the theme: “Africa & International Arbitration: Untold Stories.” Chief Justice Domitilla Mukantaganzwa emphasized that arbitration is no longer a foreign concept on the continent. She said: “As custodians of justice, we are called not only to uphold the rule of law but also to give voice to the stories too often left untold. “These reforms are not just legislative exercises; they are bold steps toward African ownership of arbitration as a trusted mechanism for commercial justice.” ALSO READ: KIAC: Facilitating investors with timely dispute resolution services She noted that African countries are increasingly revising arbitration laws, modernizing legal frameworks, and strengthening institutions to support effective dispute resolution. Rwanda embedded arbitration as a vital part of its justice system. “The Kigali International Arbitration Centre (KIAC) is a testament to this commitment,” Mukantaganzwa said. “We have created an environment where arbitration agreements and awards are respected and enforced.” As Africa’s economies diversify and cross-border trade increases, such an environment is crucial. However, outdated perceptions persist. “The notion that arbitration in Africa lacks credibility is simply wrong,” she stressed. “It’s based on misconceptions, not facts.” ALSO READ: Rwanda: At the forefront of Promoting Arbitration Mukantaganzwa called for continued investment in three key areas: developing local talent, strengthening institutions, and building trust. “Africa is not just hoping to become a hub for arbitration, it is already on that path,” she stated. KIAC Secretary General Victor Mugabo urged stakeholders to correct misconceptions about arbitration in Africa. “KIAC has been operational for 13 years, yet some still believe arbitration doesn’t exist in Africa,” Mugabo said. “That’s why this platform is important to share our successes, challenges, and experiences to strengthen the method.” Mugabo highlighted Rwanda’s progress, which began in 2008 with the adoption of arbitration laws and culminated in the establishment of KIAC in 2012. Today, arbitration decisions are routinely upheld in Rwandan courts, providing security and predictability to investors. “This shows that arbitration is not theoretical, it works, and it works well,” Mugabo said. International arbitration expert Meg Kinnear who is the former Secretary-General of the International Centre for Settlement of Investment Disputes (ICSID), noted that businesses increasingly prefer arbitration for its speed, confidentiality, and flexibility. “Companies don’t want to air disputes in public,” she said. “They want a private, efficient process that allows them to resolve issues and move on.” However, Kinnear stressed the importance of enforceability. “No one wants to go through arbitration only to have the award ignored,” she cautioned. “That’s why enforcement frameworks like the New York Convention and ICSID rules are critical.” The Minister of Justice, Emmanuel Ugirashebuja, commended Africa’s growing leadership in arbitration. He said: “Arbitration is key to building trust in trade, resolving disputes fairly, and advancing sustainable development. “With mechanisms like the African Continental Free Trade Area (AfCFTA) taking shape, cross-border transactions will increase and arbitration will be essential.” The minister added that arbitration plays a vital role in ensuring contracts are honoured and disputes are resolved efficiently and confidentially, thereby safeguarding national interests and supporting economic growth. “Most African countries have made great strides in this area,” Ugirashebuja said. “This conference is an opportunity to shape the next steps forward.” The conference featured panel discussions on topics such as legal reform, dispute resolution in Africa, and the continent’s future as an arbitration destination, among others.

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Africa is not aspiring to join arbitration; it’s already a key player – experts