African Arbitration Reforms Signal Growing Alignment With International Dispute Resolution Standards

Legislative modernisation

Tanzania

In Tanzania, a new Arbitration Act, which came into force in 2021, has significantly reshaped the country’s arbitration framework. The new regime introduces enhanced procedural efficiency, clear timelines at each stage of the arbitral process, and greater predictability in post-award procedures.

Importantly, the Act explicitly limits court intervention, aligning Tanzania more closely with international best practice, including a unified recognition and enforcement framework for both domestic and foreign arbitral awards, with grounds for refusal that mirror those of the New York Convention. While judicial cultural shifts are still underway, the legislative architecture has positioned Tanzania as an increasingly attractive arbitral seat.

Zambia

Although the Arbitration Act, 2000, domesticated the New York Convention in Zambia, this jurisdiction intends to update and improve its ADR framework though the proposed Alternative Dispute Resolution Bill (2025). The Bill seeks to repeal and replace the current Arbitration Act and modernise arbitration practice through improved provisions on various aspects including interim measures and the recognition and enforcement of arbitral awards (the latter provision retains the essential components of the New York Convention).

While the Bill is progressive, until adopted there remains an opportunity to address emerging issues such as artificial intelligence (AI) and additional ADR mechanisms like conciliation and expert determination.

The Lusaka International Arbitration Centre (LIAC), which was established in 2024, is a success story supported by strong governmental backing. The LIAC has quickly become a credible regional institution with an active case docket, including both domestic and international arbitration matters. Bowmans is one of the founding partners of LIAC.

South Africa

The arbitration framework in South Africa is well established, and questions around the responsible use of AI in arbitration have recently garnered attention. Recent AI guidelines highlight both the opportunities (efficiency, improved research, and language support) and the risks (confidentiality, data security, bias and due process).

The consensus is clear - AI in arbitration is here to stay and the focus must be on ethical, transparent and responsible use that enhances, not replaces, human judgment.

Judicial support

Mauritius continues to strengthen its position as a leading African arbitration hub, with its International Arbitration Act, last amended in 2013, remaining robust and forward-looking.

A distinctive feature of the Mauritian system is the designation of a specialist bench of Supreme Court judges to hear arbitration-related matters, ensuring consistency, predictability and judicial expertise. Mauritian courts have adopted a restrained, pro-enforcement approach applying international public policy standards and reinforcing investor confidence.

BITs

South Africa’s withdrawal from traditional BITs is not an outlier but reflects a broader trend in Africa and the developing world toward recalibrating investor–state dispute settlement in favour of greater regulatory sovereignty.

However, an emerging rebalancing through the use of regional instruments is potentially filling the gap. Over the coming years, foreign investor protections are expected to converge around regional frameworks rather than uniform BITs, with practical implications for dispute strategy, risk assessment and investment structuring.

Judiciary

While African arbitration practitioners have actively invested in training and professional development in this rapidly evolving field, it would be an oversight to leave the judiciary behind.

Ensuring the continued growth and legitimacy of arbitration in Africa requires practitioners to actively bring the judiciary along on this journey. The judiciary is the ultimate guardian and custodian of the global arbitral laws and norms that are being adopted and domesticated on the continent.

Clearly, it is no longer a question of whether African states are viable arbitration destinations; in the near future, many African jurisdictions will stand firmly alongside the established global hubs.