Abstract:
International arbitration is gaining traction in Africa as an ideal method of dispute
resolution for commercial disputes between parties from different jurisdictions. As crossborder
commerce, trade and investment increases in the African continent, so does the
potential of international arbitration. Although this is welcome economically, the
convergence of culture creates unprecedented complexities when disputes arise. Although
sometimes overlooked, culture plays a critical role in international arbitration as cases often
involve parties from different countries. The author contextualizes commercial arbitration in
a transnational legal order as arbitration is increasingly viewed as a transnational system of
justice. This paper further explores the meaning of culture and analyzes the manner in which
culture undergirds international arbitrations in Africa, given this transnational context. The
author argues that cultural considerations must be taken into account in order for
international arbitration to survive in the long run in Africa. This paper analyzes cultural
issues such as political and religious considerations, cultural biases and stereotypes,
communication and language issues, inter alia. Within this analysis, the author highlights
measures that could be put in place to ensure that these cultural issues are considered in
African-related arbitrations in order to contribute to the greater success of the arbitral
process.
