Prior to any business engaging in an international transaction, there are important questions that need to be looked into. Apart from an analysis of the commercial viability of the said international transaction there needs to be an in depth understanding of how ‘arbitration friendly’ is the state where business is contemplated.
It is a great honour and my privilege to participate in the launch of “Africa’s 100” Arbitrators and to speak on the theme of Promoting African participation in International Arbitration. Those familiar with what I have been writing and saying about this in recent years at various international conferences and symposia will be aware of my call and support...
Termination in bilateral agreements is a crucial topic, as it concerns two types of lawyers/attorneys, the ones who intervene in the “pre termination phase” (i.e. lawyers who draft the agreement) and the ones who intervene afterwards, in “the post termination phase” (i.e. dispute resolution lawyers); With each phase its conditions and circumstances.
There is currently a lot of push to get African judiciaries to appreciate the role they play in the promotion of arbitration and the need for their support of the process for it to thrive on the continent. We all fully appreciate that arbitration and litigation co-exist in the same milieu or space.
Recently; during ICCA congress 2016 held in Mauritius, In the key note speech published by GAR on 11th May 2016, Justice Yussuf Abdulqawi (a Somali Judge and Vice President of international Court of Justice at the Hague) in his key note speech highlighted that International arbitration’s contribution to the rule of law in Africa is being hindered by the reluctance of parties to use local arbitral institutions or appoint African arbitrators.