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Arbitration

Arbitration is a form of alternative dispute resolution in which parties agree to submit their disagreement to one or more neutral third-party arbitrators, whose decision is binding. The process is widely used in commercial, investment and international trade disputes as an alternative to litigation in national courts. Arbitration offers parties greater flexibility in procedure, confidentiality and the ability to select arbitrators with specialist expertise in the subject matter of the dispute. In the mining and natural resources sector, arbitration is frequently employed to resolve conflicts between investors and host governments, particularly in cases involving resource nationalism, contract breaches, expropriation or regulatory changes. Major arbitration frameworks include the International Centre for Settlement of Investment Disputes (ICSID), which operates under World Bank auspices, and the United Nations Commission on International Trade Law (UNCITRAL) rules. Regional bodies such as the Arbitration Foundation of Southern Africa also provide arbitration services tailored to local legal contexts. Arbitration clauses are commonly embedded in mining contracts, joint-venture agreements and bilateral investment treaties to provide a neutral forum for resolving disputes. The enforceability of arbitral awards across borders is supported by the New York Convention, to which more than 160 countries are signatories. Arbitration has become increasingly significant in Africa as governments renegotiate mining contracts and investors seek legal certainty in volatile regulatory environments.

Arbitration Updates


Four Former African Presidents Sign Landmark Agreement to Establish Africa Forum Conflict Resolution Centre (AFCRC)
7th May 2026

In a historic moment for African-led peace and dispute resolution, four former Heads of State, HE Joaquim Alberto Chissano (Mozambique), HE Uhuru Kenyatta (Kenya), HE Goodluck Jonathan (Nigeria),... 


An image of the Johannesburg Arbitration Week panellists
Geopolitical shifts bringing role of Africa’s arbitration expertise to the fore
6th May 2026 By: Lumkile Nkomfe

The traditional global rules-based order is actively being reshaped, with arbitration being pulled into the front lines, and over time, geopolitics, not just the rule of law, determining how... 


Former Mozambique President Joaquim Chissano
Africa’s peace-building faces reality check as leaders call for active prudence
6th May 2026 By: Lumkile Nkomfe

As day one of the Johannesburg Arbitration Week 2026 opened at the Sandton Convention Centre, hosted by dispute resolution authority the Arbitration Foundation of Southern Africa (AFSA), veteran... 


Mining leaders to explore resource nationalism and licence security at arbitration conference
24th April 2026

With a growing number of African nations seeking to assert greater control over their natural resources, the resulting renegotiation of mining deals has, in certain instances, created significant... 


Mining Leaders to Explore Resource Nationalism and Licence Security at Arbitration Conference
Mining Leaders to Explore Resource Nationalism and Licence Security at Arbitration Conference
22nd April 2026

With a growing number of African nations seeking to assert greater control over their natural resources, the resulting renegotiation of mining deals has, in certain instances, created significant... 


Johannesburg Arbitration Week 2026 to examine arbitration’s role in a fragmented global order
Johannesburg Arbitration Week 2026 to examine arbitration’s role in a fragmented global order
22nd April 2026

Johannesburg Arbitration Week (JAW) 2026 will bring together leading arbitrators, judges, former heads of state, legal practitioners, policymakers and business leaders in Johannesburg from 5 to 7... 


Local conference to spotlight arbitration's defining role in Africa's trade, investment and sustainable development
11th March 2026

Against a backdrop of global geopolitical shifts, rapid technological advances and evolving regional economic frameworks, arbitration is set to play a defining role in shaping the future of trade,... 


Dispute resolution to take centre stage at AFSA Johannesburg Arbitration Week 2026
12th December 2025

On a global scale, dispute resolution has become the go-to solution for resolving commercial disputes speedily, confidentially and more effectively across various industry sectors, including... 


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