The African Continental Free Trade Area and the Future of Investor-State Dispute Settlement

The African Continental Free Trade Area (AfCFTA) Agreement is at the forefront of current African business, trade and legal discussions. The future of African development, on a continental level, is largely tied to the success or failure of this agreement. One of the primary concerns of legal professionals and the international business community is the dispute settlement mechanism that will be built into the agreement. African nations are also acutely aware of the importance of developing a dispute settlement system that strikes the right balance between the interests of international investors and the needs of local populations.

However, to date, there has been very little published on this topic as it pertains to the AfCFTA. While several articles look at individual components of the complex topic of African dispute settlement, there are few publications that bring together the various aspects. Individuals shaping this discussion, particularly the legal practitioners working to influence the conversation on how disputes should be carried out under the agreement, will benefit from the comprehensive look provided within the book. Not only does the author provide sound foundational knowledge as to the current landscape of dispute settlement on the continent, but he also presents a clear path forward for the negotiation of the dispute settlement provision of the AfCFTA.

The book begins by providing an overview of the current laws governing investment in Africa and the existing forums for resolving disputes over investments. Next, it explores the existing dispute settlement mechanisms that are currently being used on the continent, as well as current trends around the world. Finally, the book presents the author’s position that, taking into consideration these aspects of dispute settlement, Africa needs a continental court with clearly defined rules and procedures that protect the sovereignty of African nations while continuing to attract much-needed foreign investment.

With its historical context and comprehensive overview of still existing, relevant regional bodies and processes, The African Continental Free Trade Area and the Future of Investor-State Dispute Settlement in Africa is an excellent resource for scholars and practitioners around the world, international investors, as well as African-based legal practitioners and government officials on the continent. It also serves as a guide for those at the centre of this conversation and will influence the decisions made as the agreement is further developed.

Mouhamed Kebe is an attorney and the Managing Partner of GENI & KEBE, a full services law firm member of DLA Piper Africa, based in Senegal and Ivory Coast, with affiliate offices across several jurisdictions mainly in the Organization for the Harmonisation of Business Law in Africa (OHADA) region (Benin, Burkina Faso, Cameroon, Chad, Gabon, Guinea, Mali, Mauritania, Niger, Togo). He is a member of the Senegalese Bar and the Ivorian Bar and is top-ranked in Chambers Global, the International Finance Law Review and Who’s Who Legal Mining. He is also a member of the Court of Arbitration of the ICC, a member of the panel of arbitrators of the Common Court of Justice and Arbitration of the OHADA and a member of the panel of arbitrators of the China International Economic and Trade Arbitration Commission (CIETAC).