Treaty Conflicts and the Competing Jurisdiction of International Arbitration Tribunals in Africa. The OHADA and African Continental Free Trade Agreement Arbitration Tribunals - Some Thoughts!
Article from: TDM 2 (2025), in Africa
Abstract
Article 27:1 of the Protocol on the Rules and Procedures on Settlement of Disputes (Protocol) of the African Continental Free Trade Area Agreement (AfCFTA) permits state parties to resolve their trade disputes through arbitration in a forum with rules and procedures different from those of the Dispute Settlement Body (DSB) of AfCFTA. Such a forum could be an ad hoc tribunal or an institutional one with its own rules and procedures. The question is, what happens if the rules and procedures of a non-DSB tribunal conflict with those of the DSB, such that the DSB's power to enforce a non-DSB ...
