Arbitration and litigation across the region continue to evolve. We consider recent developments and what they mean for international investors and local parties.
Arbitration and litigation across West Africa continue to evolve, with new legislation, institutional developments, and a growing body of case law. This note highlights recent trends and their implications for international investors and local parties.
The region remains an important destination for investment in energy, infrastructure, mining, and finance. Disputes in these sectors often involve cross-border elements, choice of law and seat, and enforcement across jurisdictions. Understanding the local and international framework is essential.
Arbitration law and institutions
Several jurisdictions in the region have adopted or updated arbitration legislation based on the UNCITRAL Model Law. Ghana, Nigeria, and Senegal are among the states that have sought to create a more predictable environment for international arbitration.
Regional and international institutions, including the Lagos Chamber of Commerce International Arbitration Centre (LACIAC), the OHADA CCJA, and the ICC, are frequently chosen for disputes with a West African connection. Seat selection, enforceability of awards, and the availability of interim relief remain key considerations for parties and their advisers.
Enforcement and courts
Enforcement of arbitral awards in the region has improved in many jurisdictions, though local advice is often needed to navigate procedural requirements and any challenges. The New York Convention is in force in a number of West African states, and courts have shown increasing willingness to uphold awards that meet the convention's criteria.
Commercial courts or dedicated divisions have been established in some jurisdictions to handle complex commercial and arbitration-related matters. Their decisions are contributing to a more consistent and transparent body of law.
Practical considerations
Parties drafting contracts with a West African connection should consider the choice of governing law, seat of arbitration, and institution; the availability of interim measures; and the ease of enforcement in the relevant jurisdictions. Local counsel can assist with due diligence and with any court proceedings.
Ohene-Bekoe & Partners advises clients on international arbitration and litigation with a West African dimension, including under OHADA, English law, and other applicable laws. For further information, please contact us.