n Stellenbosch Law Review = Stellenbosch Regstydskrif - The PCA's contribution to international dispute resolution in Africa
|Article Title||The PCA's contribution to international dispute resolution in Africa|
|© Publisher:||Juta Law Publishing|
|Journal||Stellenbosch Law Review = Stellenbosch Regstydskrif|
|Affiliations||1 University of Cape Town and 2 International Council for Commercial Arbitration|
|Publication Date||Jan 2014|
|Pages||308 - 327|
Use of international arbitration in Africa is on the rise, with more African States acceding to international arbitration-related conventions, modernising their arbitration legislation and supporting active regional arbitral institutes. This article asks whether a positive role can be played by institutions from outside the African continent in supporting the establishment of regulatory frameworks and appropriate fora for the resolution of cross-border disputes. The article reviews the role and African case docket of the Permanent Court of Arbitration ("PCA") in The Hague, examining the historic and modern use of PCA arbitration to resolve political (boundary) conflicts, mass claims, law of the sea disputes and investor-State disputes, as well as the PCA's structural engagement with African institutions and practitioners through its programme of Host Country Agreements, contribution to the Mauritian arbitration project and the training and exchange of ideas with judges, academics and practitioners. The article concludes that the role played by the PCA in African cross-border dispute settlement over three decades suggests that international organisations providing specialised services can make a valuable contribution to the growth of indigenous dispute resolution processes on the African continent.
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