Giving Africans a greater voice in international arbitration (LIDW25 briefs)

Last week, thousands of practitioners from the global dispute resolution community connected, learned, and socialised across a huge variety of London International Disputes Week (LIDW25) events, exploring key issues and topics, and helping to drive awareness and best practice globally. Among those delegates were many African disputes practitioners and others who work on matters in Africa.

“From time immemorial, disputes have been resolved in Africa, so having a respected African perspective in international arbitration must start with African arbitrations,” said Professor Emilia Onyema on Thursday, during a keynote following a fascinating panel discussion at the SOAS campus at the University of London.

One of more than 250 member-hosted LIDW25 events, the session explored how we bridge legal traditions across oceans, and give African voices greater volume in international arbitration. Moderated by Daniel Wilmot, International Arbitration Partner at Stewarts, the expert panel featured ICC Kenya director Jacqueline Waihenya, barrister Julius Nkafu, Paris-based arbitrator and MENA expert Amel Makhlouf, Arbitration Foundation of Southern Africa Secretary-General Svetlana Vasileva-Stratenwerth, and Nigerian arbitrator Joseph Siyaidon. 

After Professor Onyema’s impassioned call to action for Africa to grow its domestic arbitration and support its local and upcoming arbitrators to build the relevant experience and culture to bring to international arbitration, we spoke further with Julius, who is also Chair of the ADR Committee of the African Bar Association.

Why is it important for you to be part of LIDW25? What do you think of the week and what’s involved with bringing together the global disputes community?

It’s always good to have people from different parts of the world coming together, sharing views, different ways of solving disputes, coming from different backgrounds and perspectives. When you look at international dispute resolution, there are so many things to be taken into consideration, including cultural background, the ways of life of different people, and how business is conducted in different jurisdictions. 

You’re a barrister and arbitrator based in London, but you do a lot of work connected with Africa. Can you tell us more about that? 

I am part of many different initiatives in Africa in terms of developing and promoting arbitration. I have my own consultancy in Cameroon, Nkafu Arbitration Services, which helps clients who have got arbitration or mediation matters or need advice generally on how to resolve disputes. I have also in the last four years been running the Cameroon Arbitration Week, which is getting increasingly popular. I work with judges in Cameroon and other jurisdictions, so I’m in Africa almost every other month for one thing or another. Equally, I chair the ADR Committee of the African Bar Association, which also gives me a lot to do in terms of dispute resolution in Africa. 

How has dispute resolution evolved in Francophone West Africa during your career?

It has changed a lot. There’s still a minority perception that litigation is the way forward; they want to have their day in court. But generally speaking, with commercial disputes, parties tend to want alternative ways of resolving disputes. With the CCJA and OHADA you see the 17 French speaking African countries coming together under a Uniform Act on Arbitration. The MACACI case showed how serious OHADA is taking arbitration and the respect for arbitration clauses in contracts. Although, for some reason, disputing parties in Francophone West Africa including political leaders still seem to prefer French-seated arbitration, going to Paris and so on, but the situation in Africa is improving, in terms of people’s trust in arbitration. 

The panel and Professor Onyema spoke about how Africa needed to take the lead in bringing more local arbitrators through. What are you seeing in terms of the next generation of Francophone African arbitrators?

I think it is beginning. It’s getting increasingly clear now that for African arbitrators to see the kind of diversity they want among the international scene, they have to start learning how to build capacity, doing plenty of domestic arbitration, getting relevant experience, and beginning to trust their own arbitrators. Once that begins to happen, in big numbers, then we will see greater diversity in international arbitration. 

This interview is part of Africa Legal's coverage of London International Disputes Week 2025. You can read more about other delegates, insights, and events: 

• Updating knowledge and getting boots on the ground (LIDW25 briefs)

• Africa is the future for energy transition, and more (LIDW25 briefs)

• Tailoring a green legal practice (LIDW25 briefs)

• The Power of Pro Bono, for all involved

• Connecting with great minds (LIDW25 briefs)

Or view our full suite of LIDW25 coverage here