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Arbitration panacea to dispute resolution in Africa- Stakeholders

The Nigerian Institute of Chartered Arbitrators (NICArb) has called for collaboration and inclusivity among Arbitrators, as well as innovation in Arbitration practices in Africa as it underscored the critical need for Africa to lead in the global arbitration landscape.

This was stated at the NICArb 45th anniversary and annual investiture/awards ceremony held recently in Lagos.

The conference, themed “Transformation and Interventions: The Evolving Trends in Arbitration and ADR Practice in Africa,” brought together experts, judges, and practitioners to discuss the changing landscape of arbitration and Alternative Dispute Resolution (ADR) in Africa.

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Chief Justice of Kenya, Hon. Justice Martha Koome, EGH, emphasized in her address Africa’s unique heritage in dispute resolution and the need to innovate while preserving traditional practices.

She underscored the importance of ADR in enhancing access to justice in Africa while emphasizing the unique position Africa holds in shaping the future of dispute resolution. Also noting that the continent’s rich tradition of community-based conflict resolution mechanisms predates modern judicial systems.

She said, “Alternative Dispute Resolution (ADR) plays a critical role in improving access to justice, especially in jurisdictions where the formal court system is overwhelmed. It provides citizens with quicker, more affordable, and less adversarial means to resolve disputes, empowering individuals and communities alike.

“Way before the formal judicial system existed, African societies relied on mediation, dialogue, negotiations, and consensus-building to address disputes within our communities. These indigenous practices entrenched social harmony and peace, which are core values in ADR today.”

Koome further urged stakeholders to embrace technology and artificial intelligence to make ADR more inclusive and accessible.

“Modern ADR practices are not just a continuation of our heritage but an enhancement to meet present-day needs. We must capitalize on opportunities such as the African Continental Free Trade Area (AfCFTA) and rising foreign investment to entrench ADR practice further.

“The future of ADR in Africa is very promising. As a pillar of access to justice, economic growth, and social harmony, we must nurture a collaborative spirit, leveraging our resources and expertise to build robust ADR frameworks.”

Senior Advocate of Nigeria and Attorney General of Lagos State, Lawan Pedro, who represented the Governor of Lagos State spoke on the transformative role of arbitration and alternative dispute resolution (ADR) in Africa.

He emphasized that arbitration is not just a conflict resolution mechanism but a critical tool for building trust, fostering partnerships, and driving economic development.

Pedro highlighted Lagos as a growing hub for arbitration in Africa, stating, “Institutions like the Court of Arbitration, the LCA, exemplify our commitment to establishing world-class arbitration facilities. Lagos is becoming the epicentre of dispute resolution in Africa.”

He also pointed out that transformation in arbitration and ADR is not just a theme for this conference but a call to action that presents unprecedented opportunities for specialization, localization, and digitalization.

 

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