Published 29 September 2020
The Getma International v Republic of Guinea saga sheds light on some challenges which the Common Court of Justice and Arbitration (CCJA) and arbitral proceedings in Africa may face in the future. The decision of the CCJA to set aside the arbitral tribunal's award on the ground that the arbitrators were paid higher fees than what the CCJA had originally set is controversial. The CCJA's rigid rules on the level of arbitrator's fees pose a serious question as to whether the CCJA will be able to attract users in future. There is no doubt that OHADA shows the potential for growth of investment arbitration in Africa, however, these rules might have an impact on the rights of foreign investors in the OHADA Member States to nominate arbitrators of their choice.
This paper will be part of the TDM Special Issue on "The African Continental Free Trade Agreement (AfCFTA)". More information here https://www.transnational-dispute-management.com/news.asp?key=1809