South Africa: Proposed new rules for mediation (to the exclusion of arbitration) in investor-state disputes

Draft Regulations have been published by the South African government setting out rules for the mediation of investor-state disputes (to the exclusion of international arbitration).  

Click here to read our Johannesburg office's bulletin, which highlights concerns with the proposed developments and calls for the Regulations to be brought into harmony with international best practice, such as the International Bar Association's Rules for Investor-State Mediation (which recognise mediation as a supplement, not a substitute, for international arbitration).

Guide to Dispute Resolution in Africa: 2nd edition

Herbert Smith Freehills has published an updated second edition of our Guide to Dispute Resolution in Africa, a publication summarising the key dispute resolution procedures and trends in each of Africa's 54 diverse jurisdictions.

Since its publication in 2013, the first edition of the Guide has proved to be an invaluable resource not just for those facing disputes in Africa but for anyone who is considering investing in unfamiliar territory and would like to understand better the legal landscape of that country.  Whether you want to know the basics of a country's legal system, details on litigation and arbitration procedures, whether ADR is embraced, or what the applicable limitation periods or privilege rules are, this publication should be a first port of call.

Please click here to download the full Guide or here to access the chapter for a specific jurisdiction. 

To request a hard copy of the Guide, please email Africa Disputes.

Launch of landmark global conference series on the future of dispute resolution

Herbert Smith Freehills is pleased to announce the launch of The Global Pound Conference (GPC) Series 2016-17.

The aim of this ambitious worldwide conference series is to build a global conversation about the current landscape of civil and commercial dispute resolution and how dispute resolution tools and institutions should respond to the needs of 21st century business.  In particular, it aims to gather standardised and actionable data on what users of dispute resolution mechanisms need and want and whether those needs are being met.

Over 25 countries worldwide have already committed to holding a GPC event, with more being added. The launch will take place at a two-day conference in Singapore on 17-18 March 2016 and the last event is scheduled to be held in London in July 2017.  Other cities will include Hong Kong, Paris, Dubai, Madrid, Sydney, New York and Frankfurt/Berlin.

The Series, which is being led by the International Mediation Institute (IMI), is being sponsored by Herbert Smith Freehills as well as other global partners: Shell,  AkzoNobel, the Beijing Arbitration Commission (BAC),  JAMS, and the International Centre for Dispute Resolution (ICDR). 

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Alternative dispute resolution in Africa (Part 5)

Further to our previous four posts (Part 1, Part 2, Part 3 and Part 4) on the use of ADR in Africa we now feature in part 5 the responses from Niger, Nigeria, Republic of Congo, Rwanda, São Tomé and Príncipe, Senegal, Seychelles, Sierra Leone, Somalia and South Africa to the question: are parties to litigation or arbitration required to consider or submit to alternative dispute resolution before or during proceedings? Continue reading

Alternative dispute resolution in Africa (Part 4)

Further to our previous three posts (Part 1, Part 2 and Part 3) on the use of ADR in Africa we now feature in part 4 the responses from Liberia, Libya, Madagascar, Malawi, Mali, Mauritania, Mauritius, Morocco, Mozambique and Namibia to the question: are parties to litigation or arbitration required to consider or submit to alternative dispute resolution before or during proceedings? Continue reading

Alternative dispute resolution in Africa (Part 3)

Further to our previous two posts (Part 1 and Part 2) on the use of ADR in Africa we now feature in part 3 the responses from Equatorial Guinea, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Kenya and Lesotho to the question: are parties to litigation or arbitration required to consider or submit to alternative dispute resolution before or during proceedings? Continue reading