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

Traditionally, many disputes involving African parties have been resolved by international arbitration at key arbitral centres in Europe. However, Africa also boasts well-established international arbitration institutions, and contracting parties have the choice of a wide range of arbitral institutions that provide specialised arbitral services.

16 Jul 2024 2 min read Combined Dispute Resolution and International Arbitration Alert Article

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.

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The information and material published on this website is provided for general purposes only and does not constitute legal advice. We make every effort to ensure that the content is updated regularly and to offer the most current and accurate information. Please consult one of our lawyers on any specific legal problem or matter. We accept no responsibility for any loss or damage, whether direct or consequential, which may arise from reliance on the information contained in these pages. Please refer to our full terms and conditions. Copyright © 2024 Cliffe Dekker Hofmeyr. All rights reserved. For permission to reproduce an article or publication, please contact us cliffedekkerhofmeyr@cdhlegal.com.

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

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