Leveraging Arbitration in the Settlement of Disputes Involving Private Parties Under the African Continental Free Trade Area
Article from: TDM 3 (2026), in Africa
Abstract
The inclusion of a Dispute Settlement Mechanism (DSM) in the African Continental Free Trade Area (AfCFTA) shows a strong commitment towards effective implementation of the initiative. However, the DSM has been criticized for failing to provide private parties with access to the mechanisms under the AfCFTA framework. Against this backdrop, this paper examines the viability of utilizing arbitration in the settlement of disputes involving private individuals, firms and investors under the AfCFTA. The paper explores the AfCFTA DSM by examining the provisions of its Protocol on the Settlement ...











