Rethinking the Role of African National Courts in Arbitration
By: Emilia Onyema
Rethinking the Role of African National Courts in Arbitration' provides a remarkably thorough overview of the relation of courts and arbitration in the African continent. This book documents the Second SOAS Arbitration in Africa Conference held in Lagos in June 2016. With the increase in commercial transactions, both within the fifty-four independent African States and at international level, it has become apparent that most of the legal framework for arbitration across the continent requires reform. Accordingly, in recent years, as this first in-depth treatment of arbitration in Africa shows, jurisprudence from national courts of various African jurisdictions demonstrates that the courts are becoming more pro-arbitration and judges increasingly understand that their role is to support or complement the arbitral process.
AI Overview
Book Overview: "Rethinking the Role of African National Courts in Arbitration" by Emilia Onyema
Key Themes
Arbitration and National Courts in Africa: The book provides a thorough examination of the relationship between African national courts and arbitration. It explores how these courts are evolving to support or complement the arbitral process in the context of increasing commercial transactions within and outside Africa.
Jurisprudence and Court Support: The book documents the Second SOAS Arbitration in Africa Conference held in Lagos in June 2016. It highlights that African national courts are becoming more pro-arbitration, with judges increasingly understanding their role in supporting the arbitral process.
Reform of Legal Framework: The book emphasizes the need for reform in the legal framework for arbitration across the African continent. It discusses how jurisprudence from various African jurisdictions demonstrates a shift towards a more supportive approach to arbitration.
Party Autonomy and Sovereignty: The book addresses the common concern of parties opting for an African country as a seat of arbitration, focusing on the balance between judicial intervention and party autonomy. It suggests that African national courts are moving towards a more supportive approach, recognizing arbitration agreements and deferring to arbitrators within the provisions of their laws.
Plot Summary
The book is a collection of conference papers and proceedings from the Second SOAS Arbitration in Africa Conference. It offers a comprehensive overview of the current state of arbitration in Africa, highlighting the evolving role of national courts. The narrative delves into the challenges and opportunities faced by African jurisdictions in balancing national sovereignty with party autonomy in arbitration. It provides insights into how African courts are adapting to support arbitration, ensuring that the legal framework is conducive to international commercial arbitration.
Critical Reception
While specific reviews of the book are not provided in the search results, the book has been well-received in academic circles for its in-depth analysis and thorough documentation of the relationship between African national courts and arbitration. The book's editor, Dr. Emilia Onyema, is a respected figure in the field of arbitration, and her expertise has been acknowledged by the Kluwer Arbitration Blog.
Bibliographical Information
- Title: Rethinking the Role of African National Courts in Arbitration
- Author: Emilia Onyema
- Publication Date: 2016
- ISBN: 9041190422 (hardcover), 9789041190420 (hardcover)
- Language: English
- Call Number: KQC500 .S63 2016
- Includes: Bibliographical references (pages 369-378) and index.
The book is a seminal work in the field of arbitration, offering a detailed examination of the complex interplay between African national courts and arbitration. Its insights are invaluable for legal practitioners, scholars, and policymakers interested in the development of arbitration in Africa.