TDM Special Issue on Int’l Arbitration involving Commercial and Investment Disputes in Africa

This Special Issue presents diverse views on a number of salient topics affecting international arbitration involving the African continent. These issues will continue to unfold as Africa continues to emerge as a geographic region of importance in the international arbitral community. We hope you enjoy this Special Issue and find it useful in your endeavors.

EDITORIAL

  • Transnational Dispute Management (TDM) Special Issue on Africa by T.R. Snider, W. Kidane, P. Bechky

AFRICA

AFRICA’S IMPACT ON INTERNATIONAL ARBITRATION: MOMENTUM AND CHALLENGES

  • Africanisation of International Arbitration by A. Carlevaris, T. Ogunseitan and D. Diawara
  • Spotlight On Africa: Problems of Legitimacy and Inclusivity in International Arbitration by R.D. Soopramanien and S.O. Soopramanien
  • The Proliferation of International Arbitral Institutions in Africa and What the Future Holds for Institutional Arbitration on the African Continent by E. Karanja and N. Muriuki
  • African Voices on Cultural Issues Impacting the Role of Africans and Africa in International Arbitration by V.L. Safran
  • Towards a Transnational Legal Order: The Role of Culture in Commercial Arbitration in Africa by F.K. Shako

INVESTMENT TREATY ARBITRATION AND POLICY

  • Rule-takers or Rule-makers? A New Look at African Bilateral Investment Treaty Practice by W. Alschner and D. Skougarevskiy
  • Towards a More Effective International Investment Policy Framework in Africa by H. El-Kady
  • The Phoenix of Multilateral Investment Treaties: The Agreement for the Promotion, Protection and Guarantee of Investments Among Member States of the Organisation of the Islamic Conference - What Impact on Sub-Saharan Africa? by S. Ebere

THE AFRICA-ASIA NEXUS

  • Chinese Investment in Sub-Saharan Africa: Is it Changing the Face of International Arbitration in the Region? by M. de Brugiere and C. Morgan
  • The Dispute Resolution Trends in Treaties Affecting African/Asian Investors and African/Asian States by U.O. Onwuamaegbu
  • Arbitration in Africa: ’Chindia’ Perspective by N. Mittal

INTERNATIONAL ARBITRATION IN THE ENERGY AND NATURAL RESOURCES SECTOR IN AFRICA

  • Resource Nationalism in Africa - The Next Wave? Trends in Investor-State Disputes in the Energy and Natural Resources Sector in Africa by S. Noury, L. Bruton and A. Pan
  • Arbitration of Energy Disputes in Africa by M.J. Beeley and A.L. Goins
  • Pitfalls of Investing in Sub-Saharan African Regions with Unsettled Boundaries: How Foreign Investors May Minimize and Manage Investment Risk by S.A. Bhatty and N. Lamprou

DEVELOPMENTS IN SOUTH AFRICA AND SADC

  • South African Protection of Investment Act: A Balance of Interests? by M. Kenton and A-S. Petitdemange
  • Legal Trends and Developments of International Arbitration in South Africa by D.M. Ziyaeva and M. Jonker
  • An Historical Appreciation of South Africa’s Evolving Foreign Investment Regulatory Policy by A. Langalanga
  • The Southern African Development Community and its Protocol on Finance and Investment by N.F. Lousa and R. Galvao Silva

OHADA

  • Salient Issues in the OHADA Arbitration Framework by J. Feigher
  • OHADA Arbitration - A Critical Analysis by A. Fouchard Papaefstratiou
  • The Multiplication of Arbitral Institutions in OHADA Countries by S. Menetrey, University of Luxembourg
  • The Enforcement of International Arbitral Awards in OHADA Member States - The Uniform Act on Arbitration is Not the Smooth Ride it Was Designed to Be by T.A. Brabant and O. Divoy

OTHER JURISDICTION-SPECIFIC DEVELOPMENTS

  • Mauritius’s Emerging Prominence in International Arbitration by I.C. Popova and N.G Ejebe
  • The Alternative Dispute Resolution Act of Ghana Deconstructed: Providing a More Positive-Sum Approach to Conflict Resolution by A.K. Fiadjoe and N.T. Okyir, Esq.
  • Kompetenz-kompetenz of Arbitral Tribunal: ’Legitimacy’ Buries Efficacy of Arbitration in Ethiopia by S.Y. Tesfay
  • An Evolving Judicial Role in Commercial Arbitration in Zambia by M. Sakala and K. Kapianga
  • Enforcement of Commercial Arbitration Awards in Nigeria More Than Just a Dalliance by P.O. Odiase
  • Court Mandated Mediation: Kenya’s Approach by K.K. Mutea

Table of contents and free excerpt TDM 4 (2016) - Africa

source: TDM