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 of Disputes. It is found that the failure of the system to include non-state parties is a drawback as disputes under the AfCFTA will not involve only States. To actualize the aims and objectives of the AfCFTA Agreement, the involvement of private persons is necessary hence the need to devise an appropriate dispute mechanism for the settlement of disputes that will involve them. A case is made for the adoption of arbitration based on its general advantages, historical experiences of Africa, the purpose of the AfCFTA, and the kinds of disputes that will emerge under the regional trading system.