Head of Chambers Oba Nsugbe QC, SAN was part of a panel chaired by Sophie Lamb QC, Head of Latham & Watkins International Arbitration group which compared International Dispute Resolution Procedures worldwide, which included African, Asian, European perspectives as well judicial and in-house counsel’s insights.
Speaking on the African perspective Mr Nsugbe QC drew to attention to the fact that whilst the courts were generally favoured by African State Governments, interest and resort to arbitration had grown significantly due to the delays in many of the Continent’s court systems. There was, however, pushback from state actors on the choice of law for business deputes, be it state or federal, governments and the public sector would often insist on Nigerian law as opposed to English whilst the private sector was slower to depart from foreign law clauses in their business contracts.
One advantage of the globalisation of arbitral processes is the variety of seats on offer. Whilst some companies favour London, the rise of African arbitration has seen active centres in Kigali, Nairobi, Cairo and Mauritius and South Africa. Arbitration, he said, is on the rise in Africa.
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