CLA News / Africa Legal Forum Plenary 2: Dispute Resolution in Africa: Courts, Arbitration and the Efficiency Imperative

When disputes stall, investment stalls.

As Africa’s trade and investment opportunities grow, effective dispute resolution is critical to business confidence, economic development and access to justice.

At the Africa Legal Forum in Kigali, Plenary 2 – Dispute Resolution in Africa: Courts, Arbitration and the Efficiency Imperative – brought together Bertha Cooper-Rousseau (Chair), Victor Mugabe, Zenobia du Toit, Melissa Ford and Ngosa Simachela to examine how African jurisdictions can build dispute resolution systems that are efficient, accessible and fit for the future.

Their message was clear: political will, skilled professionals and robust legal infrastructure are essential to turning Africa’s economic ambitions into reality.

Customary justice and modern practice

Zenobia du Toit explored how customary justice can complement formal dispute resolution, highlighting indigenous mechanisms that prioritise restoring social harmony over assigning blame.

In South Africa, customary law and traditional leadership have constitutional recognition, although tensions can arise between customary approaches and modern institutional standards. The challenge is to respect local traditions while maintaining appropriate safeguards.

Ms Du Toit also examined the growing role of arbitration and alternative dispute resolution (ADR), particularly as pandemic-related pressures intensified court backlogs. In family law, she highlighted proposals for compulsory education programmes, a broader range of mediation participants, quality safeguards and expedited procedures to discourage delaying tactics.

Zambia: Dispute resolution as an engine of development

Ngosa Simachela connected dispute resolution to Zambia’s Vision 2030 and Eighth National Development Plan, which aim to transform the country into a prosperous middle-income economy.

As Zambia pursues growth in agriculture, electricity, tourism and copper production, effective dispute resolution is essential to maintaining investor confidence and ensuring disagreements do not derail projects.

Simachela argued that lawyers must increasingly act as risk managers and strategic partners, not simply legal advisers. Supportive judicial leadership, arbitration legislation and the recognition of ADR in sector-specific laws, including mining and public procurement, provide a foundation for progress.

Challenges remain. Mediation is largely court-annexed, while proposed reforms aim to modernise arbitration and establish a dedicated statutory framework for mediation.

Affordability is another critical concern. While major corporations may be able to meet arbitration costs, smaller businesses and parties challenging government decisions may struggle. Accessible, proportionate dispute resolution is essential to ensuring that justice is not determined by financial resources.

Looking ahead, Simachela emphasised specialist training, new dispute resolution pathways and stronger institutional capacity. Cost, speed and enforceability are fundamental to keeping businesses operating and projects moving.

Rwanda: Building international arbitration capacity

Victor Mugabe traced the development of the Kigali International Arbitration Centre (KIAC), established in 2010 and operational since 2012.

Emerging from Rwanda’s efforts to rebuild institutions and strengthen its economy following the 1994 genocide, KIAC was developed through public-private collaboration to complement the courts and meet the needs of a growing commercial economy.

Drawing on international models, including the Singapore International Arbitration Centre, Rwanda invested in professional training and cooperation with the judiciary. Work with the Chartered Institute of Arbitrators helped develop the specialist expertise needed to support arbitration.

Today, KIAC has approximately 170 arbitration practitioners from 52 countries, with around 35% of its cases involving international disputes. Parties can choose representatives regardless of nationality, strengthening the centre’s international reach.

Mugabe also highlighted the importance of embedding ADR in legal education to prepare practitioners for evolving commercial demands. Rwanda’s experience demonstrates how institutional investment, professional expertise and government support can build confidence in arbitration.

International conventions: Certainty across borders

Melissa Ford, First Secretary at the Hague Conference on Private International Law, outlined three conventions that can simplify cross-border legal processes and strengthen commercial certainty.

• The Apostille Convention replaces traditional legalisation requirements for public documents with a single certificate, reducing administrative burdens and delays. It also offers practical benefits in international family law, including intercountry adoption.
• The 2005 Choice of Court Convention supports exclusive agreements selecting the courts that will resolve commercial disputes, helping ensure those agreements are respected and resulting judgments recognised and enforced across contracting states.
• The 2019 Judgments Convention facilitates the recognition and enforcement of foreign judgments in civil and commercial matters, improving predictability for businesses and individuals operating across borders.

Ford encouraged African lawyers, bar associations and policymakers to engage more actively with the Hague Conference’s work and promote awareness of these instruments. Wider participation can reduce barriers, strengthen legal certainty and support international commerce.

Building systems that deliver justice and progress

The discussion reinforced that effective dispute resolution is vital infrastructure for trade, investment and economic development.

Courts, arbitration and mediation must work as complementary mechanisms, backed by political commitment, skilled practitioners and accessible legal frameworks. Lawyers must also evolve, helping clients manage risk, preserve commercial relationships and keep projects moving.

The imperative is clear: resolve disputes efficiently, protect access to justice and build confidence in Africa’s commercial future.

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