2024 SOAS Arbitration Survey reveals opportunities for greater gender balance and a positive future for arbitration in Africa

The School of Oriental and African Studies (SOAS) has recently published its biennial Arbitration in Africa Survey Report (here) (2024 Survey) providing a comprehensive analysis of arbitration practices across Africa. The 2024 Survey builds on previous SOAS surveys and provides information on Africa-connected arbitrations, which the survey defines as arbitrations where either at least one party is African, the dispute or seat is in an African jurisdiction, or one arbitrator is African. The 2024 Survey addresses gender parity, and sheds light on the use of tribunal secretaries in Africa-connected arbitrations.

A total of 87 arbitration practitioners who have experience as either an arbitrator, counsel, or tribunal secretary in Africa-connected arbitrations participated in the survey. The majority (76%) of respondents to the survey listed their primary jurisdiction as Africa, with the proportion of non-African respondents with arbitration experience in Africa remaining steady.

Key points outlined in the 2024 Survey include:

• Arbitration is growing in Africa, with respondents citing reasons such as new arbitration laws (Nigeria and South Africa), increased data from arbitration institutions (Rwanda and South Africa), ADR being required under the constitution (Kenya), courts upholding arbitration awards (Zambia and Senegal) and a rise in law firms offering arbitration services and arbitration events (Ghana).
• Egypt (Cairo Regional Centre for International Commercial Arbitration), South Africa (Arbitration Foundation of Southern Africa), and Rwanda (Kigali International Arbitration Centre) are emerging as leading arbitration hubs who house reputable arbitral institutions.
• 64% of respondents do not perceive Nigeria and Kenya as arbitration-friendly due to factors like hostile domestic courts and long arbitration delays. The 2024 Survey suggests that addressing these issues, such as judicial delays, reducing interference, and ensuring arbitrator protections, could enhance the potential of these economically significant countries as key arbitration venues in Africa.
• There are still limited intra-African arbitration opportunities, with 71% of respondents not arbitrating outside their primary jurisdiction.
• 24 respondents have sat as arbitrators in foreign-seated arbitrations. In 2020, the SOAS Report identified South Africa, Nigeria, Egypt, Rwanda, and Cote d’Ivoire as the top arbitration seats in Africa. However, following a review of the methodology used, the 2024 Survey shows a more diverse array of seats. Indeed, the connected African seats and parties identified are Mauritius, Seychelles, South Africa, Kenya, Nigeria, Malawi, Egypt, Rwanda, Morocco, Ivory Coast, Sudan, Botswana, Zambia, Algeria, Uganda, and Tanzania.
• Of these 24 respondents having sat as arbitrators in foreign-seated arbitrations, 17% had moved or relocated the seat of the arbitration after the commencement of the arbitration. Only half of the relocations had been with the agreement of the parties, since it was for their convenience and that of the tribunal. It is not clear why the seat was moved in respect of the other half.
• Among the 29% who had arbitrated outside their primary jurisdiction, a gender imbalance was noticeable, with older male arbitrators (51 and above) appointed more often, reflecting historical gender imbalances. Balanced gender representation in the 36-50 age group hints at a positive shift towards greater gender diversity, specifically in Africa-connected arbitration.
• Arbitral institutions are more likely to appoint female arbitrators than parties or co-arbitrators, with male practitioners more frequently appointed in ad hoc arbitrations. This finding mirrors international trends and demonstrates the key role that arbitral institutions play in furthering gender equity in appointments.
• Experience as a tribunal secretary does not always lead directly to being appointed as an arbitrator.

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