International Commercial Arbitration and African States: Practice, Participation and Institutional Development (Cambridge Studies in International and Comparative Law, Series Number 18)

Dr. Asouzu critically examines the arbitral and alternative dispute resolution (ADR) processes in the African context, processes that are often seen as potential facilitators of commercial activities, socio-economic development and prosperity in Africa. Asouzu discusses the OHADA Uniform Arbitration Regime, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention), the Convention on the Settlement of Investment Disputes between States and Nationals of other States (the ICSID Convention), as well as African arbitration laws, their interpretation and application. An extensive bibliography is included. Pt. 1. Options, Parties And Concepts -- 1. Introduction -- Pt. 2. Institutional Arbitration In Africa -- 2. Development Of Institutional Arbitration In Africa -- 3. Functions And Activities Of The Regional Centres -- Pt. 3. Legal Infrastructure For Dispute Resolution In Africa -- 4. Development Of Arbitration Laws In Africa -- 5. Trends In Third Generation Arbitration Laws -- 6. The New York Convention In An African Setting: Problems And Prospects -- Pt. 4. Icsid Arbitration And Conciliation: The African Experience -- 7. African States And The Making Of The Icsid Convention -- 8. Jurisdiction Ratione Materiae Under Icsid -- 9. Jurisdiction Ratione Personae Under Icsid -- 10. Consent Under The Icsid Convention -- 11. The Problems Of Icsid Arbitration Without Privity -- 12. Recognising And Enforcing Icsid Awards -- Pt. 5. Conclusion -- 13. Lack Of Growth And Development Of Arbitration In Africa. Amazu Asouzu. Includes Bibliographical References (p. 460-508) And Index. "International Commercial Arbitration and African States is a timely assessment of the arbitral process in the African context. The book focuses on the contribution that arbitration, and other methods of alternative dispute resolution, may make to the development of African states and peoples, while satisfying the legitimate expectations of inward investors and traders. Although focusing on dispute resolution regimes affecting or concerning African states and their nationals, the work will also have practical, policy and comparative implications for dispute resolution, commercial arbitration and foreign investment in other regions."--BOOK JACKET An examination of arbitral and alternative dispute resolution (ADR) processes in the African context. Asouzu discusses the OHADA Uniform Arbitration Regime, the New York Convention, the ICSID Convention, as well as African arbitration laws, their interpretation and application. An extensive bibliography is included. Arbitration and ADR, although private processes, are not meant only for private parties.