Effective Dispute Resolution in Africa: Knowing the Territory - Des Williams, Werksmans Attorneys
EFFECTIVE DISPUTE RESOLUTION INAFRICA – KNOWING THE TERRITORY DES WILLIAMS
TOPICS What distinguishes arbitration from litigation? The advantages of arbitration. The major international arbitration organisations. The new ICC rules. 1.
THE ARBITRATION AGREEMENT Definition – “A written agreement providing for the reference to arbitration of any existing dispute or any future dispute relating to a matter specified in the agreement, whether an arbitrator is named or designated therein or not”. ICC arbitration clause – “All disputes arising out of or in connection with the present contract shall be finally settled under the rules of arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said rules.” 2.
ADVANTAGES OF ARBITRATION Neutrality Flexibility Cost Speed Enforceability 3.
INTERNATIONAL ARBITRATIONORGANISATIONS The Court of Arbitration of the International Chamber of Commerce (“ICC”). London Court of International Arbitration (“LCIA”) The Arbitration Institute of the Stockholm Chamber of Commerce (“SCC”) 4.
AFRICAN ARBITRATION ORGANISATIONS The Lagos Court of Arbitration (“LCA”). The Cairo Regional Centre for International Commercial Arbitration. The Mauritius Chamber of Commerce and Industry Permanent Court of Arbitration. The Common Court of Justice and Arbitration. AFRICA ADR 5.
THE NEW ICC RULES OF ARBITRATION Case management Tribunal to convene a case management conference to consult parties on procedural measures. Measures may include techniques described in appendix iv to the rules. Multiple parties, multiple contracts and consolidation New rules do not change the principle that submission must be based on agreement. Emergency arbitrator Article 29 provides that a party “that needs urgent interim or conservatory measures that cannot await constitution of an arbitral tribunal may make an application for such measures pursuant to the emergency arbitrator rules in appendix v. 6.