- CAJAC
- SADC Alliance
- BRICS
Africa continues to export a large proportion of its high-value commercial disputes to foreign seats. The paradox is striking: arbitral centres are growing and legislative frameworks are modernising yet disputes arising from African energy, mining, construction, and telecommunications projects are frequently seated in Paris, London, Geneva, and Singapore. ICC Dispute Resolution Statistics indicate that while African parties appear with increasing frequency in ICC cases, African seats and African arbitrators are less frequently appointed.
As part of the ICC’s 3rd Annual Arbitration and ADR Days, the ICC YAAF hosted a panel discussion on The Future of Arbitration in South Africa – Challenges and Opportunities 10 February 2026, moderated by Perenami Momodu, Arbitration Consultant and Head of Africa Practice at Gateley Legal. Speakers Brittany Muller, Senior Associate at ENS, Dr Faadhil Adams, Senior Lecturer at UCT, and Colleen Parker-Bacquet, ICC Counsel, shared practical insights on the nuances of arbitral procedures and careful drafting.
On 23 October 2025, Young AFSA hosted its final training webinar for the year, focused on the very basics of arbitration, titled “Arbitration 101”. Reflective of the international nature of arbitration, the panel comprised of speakers from around the African diaspora: from Johannesburg, South Africa, Advocate Khotso Boshomane (Island Group of Advocates, Johannesburg); from Lusaka, Zambia, Valerie Kawangu Chiyombe (Fellow of the Chartered Institute of Arbitrators); and from Lagos, Nigeria, Mitchell Aghatise (Olaniwun Ajayi LP). Moderating the discussion was Young AFSA’s Steven Darge (Pinsent Masons).
Young AFSA recently hosted a webinar on research in international arbitration, moderated by Kyle Melville of the Knowledge Subcommittee. The session was led by Adv Andrew Russell of Maisels Chambers and Vincent Van Schoor of Wolters Kluwer. The discussion explored both the conceptual challenges of conducting research in arbitration and the practical tools available to practitioners. While Adv Russell focused on the realities of researching arbitration disputes, Van Schoor demonstrated how specialised legal research platforms can assist practitioners in navigating this complex field.
Domestic arbitration refers to arbitration where all elements of the dispute are located within a state. In the following select Southern African countries, domestic arbitration is governed by the following legislation:
International arbitration on the other hand refers to disputes that have one or more elements in different jurisdictions, such as the parties’ primary place of business, the seat of the arbitration or the subject matter of the dispute. The following national arbitration acts govern international arbitration seated within these jurisdictions:
• UNCITRAL Model Law
• New York Convention
• African Continental Free Trade Area agreement
• ICSID Convention
• The Vienna Convention on the Law of Treaties
• Commercial Arbitration
• Construction Arbitration
• Business Rescue Arbitration
• Investor-State Arbitration
• IBA Rules on the Taking of Evidence
• IBA Guidelines on Conflicts of Interest
• AFSA Remote Hearing Protocol
• Mauritius Convention on Transparency
• UNCITRAL Notes on Organizing Arbitral Proceedings
• IBA Guidelines on Party Representation
• IBA Guidelines on Drafting Arbitration Clauses
Authored by the Young AFSA Knowledge Committee In Young AFSA’s latest webinar, arbitration experts from across Southern Africa convened to unpack the complexities of arbitration agreements, exploring both the nuances of drafting and the procedural challenges that arise across various jurisdictions.