oa Comparative and International Law Journal of Southern Africa - African states and ICSID arbitration



The International Centre for the Settlement of Investment Disputes (ICSID) is the forum provided by the "World Bank" for the settlement of investment disputes between host states and foreign private investors. Since the convention entered into force on 14 October 1966, 38 African states have ratified it. African countries played a significant role in the conception and establishment of ICSID and have embraced the convention not only by ratifying, it but also by consenting in many investment contracts to submit disputes to the Centre for settlement. Provisions relating to ICSID have been made in many African national investment laws. The Models for Bilateral Agreements on the Promotion and Protection of Investments prepared by the Asian-African Legal Consultative Committee also provide for ICSID arbitration of disputes. The purpose of this article is to determine the extent of African utilisation of ICSID for purposes of settling investment disputes and the factors which possibly account for such utilisation or non-utilisation of the facilities of the Centre.


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