African Participation in the ICSID System: Appointment and Disqualification of Arbitrators

Abstract

Abstract This article critically interrogates the experience of African States within the International Centre for Settlement of Investment Disputes (ICSID) system through an analysis of certain procedural issues. Such issues cover a very wide terrain of different issues during the arbitration process, excepting the determination of the substantive rights and obligations of the disputants. The primary focus of this article is on issues relating to the constitution of tribunals and applications for the disqualification of arbitrators by African States as parties to disputes under the ICSID regime. Finally, it briefly mentions post-award actions within the ICSID regime, in which African States have also been active. It concludes that the engagement of African States within the ICSID regime will increase with the growth of cross-border intra-African investment activities. This will also lead to an increase in the participation of African lawyers in the ICSID system. This will be achieved through their appointment as counsel, arbitrators, conciliators and experts—not just by the Chairman of the ICSID Administrative Council but also by these African parties. Finally, this increased participation of African parties and States will continue to contribute to the development of the ICSID jurisprudence and its influence on the development of international investment law.