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Onyema, Emilia (2019) 'Reimagining the Framework for Resolving Intra-African Commercial Disputes in the Context of the African Continental Free Trade Area Agreement.' World Trade Review. (Forthcoming)

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Abstract

This article examines the effectiveness of the framework for the resolution of intra-African cross-border commercial disputes, arising from the projected increase in intra-African trade in goods, services, and investments under the African Continental Free Trade Area. It examines the peculiar nature of intra-African trade and of the participating entities to provide the context to discuss the three major processes adopted in commercial dispute resolution (litigation, mediation, and arbitration) in Africa. It then argues for the promotion of arbitration as the dispute resolution process of choice for such disputes. It reimagined the framework for arbitration at the continental level and made two proposals targeted at the greater efficiency of the process: the designation of Regional Arbitration Centres across the African Union's eight recognized Regional Economic Communities, to administer such references; and the establishment of an African Commercial Court as a one-stop court for the enforcement or annulment of the final award.

Item Type: Journal Article
SOAS Departments & Centres: Departments and Subunits > School of Law
ISSN: 14747456
Copyright Statement: © Emilia Onyema 2019. This is the version of the article accepted for publication in World Trade Review published by Cambridge University Press: https://doi.org/10.1017/S1474745619000132
DOI (Digital Object Identifier): https://doi.org/10.1017/S1474745619000132
Date Deposited: 22 Feb 2019 15:11
URI: https://eprints.soas.ac.uk/id/eprint/30163

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