African arbitration report shows further work required to ensure diversity

The report (30 pages / 1.4 MB) “provides a detailed and nuanced picture of the arbitration landscape in Africa, offering a valuable resource for those involved or considering arbitration on the continent”, said Rob Wilkins, international arbitration expert at Pinsent Masons.

The survey gathered responses from 87 arbitration practitioners including arbitrators, counsel, tribunal secretaries, experts, and disputants. The respondents represented various jurisdictions across Africa, providing a broad perspective on the arbitration landscape.

Sixty-one (71%) of the respondents had participated one more or more to these roles in domestic arbitration over the reporting period of 2019-2023, while 25 (28.7%) had sat as arbitrator in another African country during the same period.

The survey places significant emphasis on the appointment of female arbitrators in Africa-connected arbitrators. The responses were mixed on this topic, with some respondents appointing female arbitrators over the reporting period, while others have not done so. The data indicates that female arbitrators are more likely to be appointed by arbitration institutions rather than by disputing parties or co-arbitrators,

“This trend underscores the importance of institutional support in promoting gender diversity within the arbitration community. However, the majority of appointments are made by the parties and only by practitioners considering diversity when selecting arbitrators will we see a significant shift in the figures,” the report said.

The majority of respondents with experience only in domestic arbitration consider their national or domestic courts to be supportive of arbitration. However, some respondents with international experience identify some African seats as unsupportive of arbitration.

Undue intervention and delays caused by domestic courts at various stages of the arbitration process, are the prevalent reasons for the lack of support of arbitration.

The use of tribunal secretaries is another critical aspect explored in the survey. Tribunal secretaries play a vital role in the arbitration process, assisting tribunals with administrative and procedural tasks. The report examines the prevalence of tribunal secretaries in Africa-connected arbitrations and the methods of their appointment and payments. This analysis provides insights into the evolving role of tribunal secretaries and their impact on the efficiency and effectiveness of arbitration proceedings.

Some respondents acted both as tribunal secretaries and counsel in arbitration over the reporting period, with most of these respondents having received their first appointment as arbitrators.

“That there appears to be a link between the respondents’ roles as tribunal secretary and their appointment as arbitrator is not surprising. Experience as tribunal secretary provides invaluable insight into the workings of an arbitral tribunal as well as helping to make connections which will help secure future appointments as arbitrator,” said Wilkins.