International Arbitration: A comparison of the rules of selected arbitration institutions in Africa and Europe

These arbitral institutions have developed and implemented their own rules that set out the procedural framework for the arbitral proceedings and establish key processes such as the appointment of the tribunal, designating elements of the process in the absence of party agreement, and fixing the fees payable. As set out in this comparative brochure, although there are some important differences between the rules, there are also many substantial procedural and technical similarities.

This brochure sets out a brief overview comparing the rules of the following selection of African and European institutions:

• The Arbitration Foundation of Southern Africa (AFSA), whose head office is in Johannesburg, South Africa
• The Mauritius International Arbitration Centre (MIAC), based in Port Louis, Mauritius
• The Nairobi Centre for International Arbitration (NCIA), based in Nairobi, Kenya
• The International Court of Arbitration of the International Chamber of Commerce (ICC), headquartered in Paris, France
• The London Court of International Arbitration (LCIA), based in London, England
• The United Nations Commission on International Trade Law (UNCITRAL); the UNCITRAL Secretariat is based in Vienna, Austria (although UNCITRAL itself does not act as an administering entity for arbitrations conducted with its rules)

There are many additional leading arbitral centres that are not included in this comparison for brevity, but which also offer up-to-date and effective rules for the resolution of arbitrations. These include leading African arbitral institutions in Lagos (the Lagos Court of Arbitration and the Lagos Chamber of Commerce International Arbitration Centre), Kigali (the Kigali International Arbitration Centre) and Cairo (the Cairo Regional Centre for International Commercial Arbitration). We can advise clients on the selection of arbitral rules most appropriate for their commercial contracts.