Reimagining the Framework for Resolving Intra-African Commercial Disputes in the Context of the African Continental Free Trade Area Agreement

Onyema, Emilia

Abstract

This article examines the effectiveness of the framework for the resolution of intra-African cross-border commercial disputes, arising from the projected increase in intra-African trade in goods, services, and investments under the African Continental Free Trade Area. It examines the peculiar nature of intra-African trade and of the participating entities to provide the context to discuss the three major processes adopted in commercial dispute resolution (litigation, mediation, and arbitration) in Africa. It then argues for the promotion of arbitration as the dispute resolution process of choice for such disputes. It reimagined the framework for arbitration at the continental level and made two proposals targeted at the greater efficiency of the process: the designation of Regional Arbitration Centres across the African Union's eight recognized Regional Economic Communities, to administer such references; and the establishment of an African Commercial Court as a one-stop court for the enforcement or annulment of the final award.

Citation

Onyema, E. (2020). Reimagining the Framework for Resolving Intra-African Commercial Disputes in the Context of the African Continental Free Trade Area Agreement. World Trade Review, 19(3), 446-468. https://doi.org/10.1017/S1474745619000132

• Journal Article Type: Article
• Acceptance Date: Jan 10, 2019
• Online Publication Date: Jul 4, 2019
• Publication Date: Jul 1, 2020
• Deposit Date: Feb 22, 2019
• Publicly Available Date: Feb 22, 2019
• Journal: World Trade Review
• Print ISSN: 1474-7456
• Electronic ISSN: 1475-3138
• Publisher: Cambridge University Press
• Peer Reviewed: Peer Reviewed
• Volume: 19
• Issue: 3
• Pages: 446-468
• DOI: https://doi.org/10.1017/S1474745619000132