Judicial Interpretation

The structural style of the book is designed to aid easy reference, especially by legal practitioners, judges, lawmakers and policy formulators; to make the book a valuable resource for researchers, academics and students; and an easily comprehensible material for the uninitiated in the field of copyright, privacy and competition law and the operation of multi-sided music platforms. Reading the book from cover to cover, a reader will undoubtedly confirm that the book has achieved this goal.

Courts in Africa must construe arbitrability through a narrow interpretation of public policy, loyalty to the doctrine of Kompetenz-Kompetenz, and severability in international commercial arbitration. A proactive judicial approach should be based on distinctive arbitration practices that reflect Africa’s socio-economic background as well as contemporary arbitral trends around the world, as this is a viable means to reduce the influence of public policy on questions of arbitrability in Africa.