Legal Development

As a preliminary matter, based on the research that has been done so far to address the primary question as to whether there is an Asian approach to international law that is distinct from international law that was derived from the West, it is too early at this point to make a substantive conclusion that there is a unique perspective to international law that emanates from Asia.

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.