Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Dispute Resolution and Arbitration

Articles, Book Chapters, & Popular Press

Africa

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

Dispute Settlement Under The African Continental Free Trade Area, Olabisi D. Akinkugbe Apr 2021

Dispute Settlement Under The African Continental Free Trade Area, Olabisi D. Akinkugbe

Articles, Book Chapters, & Popular Press

Article 20 AfCFTA establishes a Dispute Settlement Mechanism, the Protocol on Rules and Procedures on the Settlement of Disputes (‘the AfCFTA DSM Protocol’; ‘Protocol’) and a Dispute Settlement Body (‘DSB’) for resolving disputes between State Parties. The AfCFTA dispute settlement mechanism is a central element of the AfCFTA as it provides security and predictability to the regional trading system (Art 4 AfCFTA-DSM Protocol). The AfCFTA dispute settlement mechanism will ‘preserve the rights and obligations of State Parties under the Agreement and clarify the existing provisions of the Agreement in accordance with customary rules of interpretation of public international law’ (Art …


Separating The Wheat From The Chaff: Delimiting Public Policy Influence On The Arbitrability Of Disputes In Africa, Akinwumi Olawuyi Ogunranti Jan 2019

Separating The Wheat From The Chaff: Delimiting Public Policy Influence On The Arbitrability Of Disputes In Africa, Akinwumi Olawuyi Ogunranti

Articles, Book Chapters, & Popular Press

This article focuses on the arbitrability of disputes. It examines the recent global trend of delimiting the role of public policy in determining matters that should be subject to arbitration. The evaluation shows that the application of doctrines of separability and kompetenz-kompentenz plays a vital role in the delimitation process. However, notwithstanding the global trend to restrict the role of public policy in determining arbitrability, some countries in Africa still widely interpret public policy to revoke arbitral clause, stay arbitral proceedings, or refuse enforcement of foreign arbitral awards. They justify this approach on the basis that public policy is a …