1. EFFECTIVE DISPUTE
RESOLUTION IN
AFRICA – KNOWING
THE TERRITORY
DES WILLIAMS

2. TOPICS
 What distinguishes arbitration from litigation?
 The advantages of arbitration.
 The major international arbitration organisations.
 The new ICC rules.
1.

3. THE ARBITRATION AGREEMENT
 Definition – “A written agreement providing for the
reference to arbitration of any existing dispute or any
future dispute relating to a matter specified in the
agreement, whether an arbitrator is named or designated
therein or not”.
 ICC arbitration clause – “All disputes arising out of or in
connection with the present contract shall be finally
settled under the rules of arbitration of the International
Chamber of Commerce by one or more arbitrators
appointed in accordance with the said rules.”
2.

4. ADVANTAGES OF ARBITRATION
 Neutrality
 Flexibility
 Cost
 Speed
 Enforceability
3.

5. INTERNATIONAL ARBITRATION
ORGANISATIONS
 The Court of Arbitration of the International Chamber of
Commerce (“ICC”).
 London Court of International Arbitration (“LCIA”)
 The Arbitration Institute of the Stockholm Chamber of
Commerce (“SCC”)
4.

6. AFRICAN ARBITRATION ORGANISATIONS
 The Lagos Court of Arbitration (“LCA”).
 The Cairo Regional Centre for International Commercial
Arbitration.
 The Mauritius Chamber of Commerce and Industry
Permanent Court of Arbitration.
 The Common Court of Justice and Arbitration.
 AFRICA ADR
5.

7. THE NEW ICC RULES OF ARBITRATION
 Case management
 Tribunal to convene a case management conference to
consult parties on procedural measures.
 Measures may include techniques described in appendix iv to
the rules.
 Multiple parties, multiple contracts and consolidation
 New rules do not change the principle that submission must
be based on agreement.
 Emergency arbitrator
 Article 29 provides that a party “that needs urgent interim or
conservatory measures that cannot await constitution of an
arbitral tribunal may make an application for such measures
pursuant to the emergency arbitrator rules in appendix v.
6.

8. 7.

9. THANK YOU
Des Williams
12 July 2012
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