2016 | Septiembre 6
Experts from global law firm Linklaters advise on how to protect your African investment with a dispute resolution mechanism. Foreign investments tend to involve complex contractual documentation. Given the desire of most investors to have their disputes resolved in a neutral forum, international arbitration tends to be the preferred method of dispute resolution for agreements involving investments in Africa.
Apart from the OHADA zone, which has a Uniform Arbitration Act (applicable in the 17 member countries), there is no uniformity in the arbitration laws of African countries. Some are based upon older English or French arbitration acts, in certain cases dating from the colonial era, while only nine African countries have arbitration legislation based on the UNCITRAL Model Law, which provides for a modern legislative framework that facilitates arbitration. Reform initiatives have been launched. For example, OHADA recently commissioned a study of the Uniform Arbitration Act and the Rules of Arbitration of the CCJA that will recommend revisions. Further, a reform of the South African arbitration law is being discussed.