The 2020 COVID-19 pandemic forced lockdown and travel restrictions around the world, which necessitated the need for alternative means to keep people connected and economies running.

For survival, many industries and sectors worked remotely and met virtually, ensuring businesses continued to run.

This proved challenging for the arbitration community in Africa as it adjusted to resolving issues virtually. How the African arbitration community addressed this was one of the highlights discussed at the 5th International Chambers of Commerce (ICC) Africa Conference on International Arbitration.

The ICC Africa conference is a key forum for understanding international commercial arbitration in Africa. It provides useful updates on developments in the region and is an important gathering for the African arbitration community. The theme for this year’s conference, “Arbitration in Africa: Expanding the Scope,” focused on the challenges, opportunities, and lessons to drive the growth of arbitration practice. Top arbitration practitioners from across the globe gathered at the ICC Africa Conference to deliberate on topical discussions, analyse relevant trends, and network.

Associate at global law firm Hogan Lovells, Dr Ademola Bamgbose, moderated a panel session on Accelerating the use of technology in Africa: Challenges and Opportunities? The session had in attendance leading arbitration practitioners who gave insights into some of the challenges associated with the use of technology and how the arbitration community in Africa had responded to some of these challenges. Panel members also highlighted useful lessons from other parts of the globe for Africa and discussed what stakeholders and practitioners can do to maximise the benefits of technology in relation to arbitration in Africa.

Panellists noted that as the world battled with the pandemic and the effects of the lockdowns last year, technology played a major role in the practice of arbitration in Africa. Parties were compelled to conduct more virtual and hybrid hearings and legal teams and arbitrators alike had to devise creative means of communicating with the aid of technology. There were also more collaborations between arbitral institutions to enable parties to join from different locations around the globe.

Panellists also noted some of the challenges associated with use of technology in Africa. For example, compared to other parts of the world, internet connectivity in some parts of Africa is not stable enough to accommodate long arbitration sessions. In response, the Africa Arbitration Academy Protocol on Virtual Hearings in Africa 2020 has recommended that parties have at least one back-up internet service provider and an alternate virtual platform.  In the long run however, this infrastructure gap might also require support from the government to ensure that internet services are accessible across every community.

Notwithstanding the challenges associated with the use of technology and virtual hearings in Africa, a major opportunity that the pandemic has brought to arbitration and practitioners in Africa is providing more opportunities for African practitioners to sit as arbitrators on international proceedings across the world. Technology has broken the barrier of delayed access to arbitrators and has also helped teams to manage costs due to minimal travel expenses.

Indeed, it has given practitioners in Africa the opportunity to participate in disputes that might have been delayed due to cost. However, a challenge to this is the difference in time zones. With the deployment of technology, virtual arbitration platforms have also improved access to justice during the lockdown and tackled some of the inefficiencies that occur in the justice system in Africa where some litigations might last longer than they should. As virtual hearings of arbitral cases continue to be embraced by more practitioners in Africa, technology is integral, and stakeholders need to partner with local institutions to enhance the technical support available for arbitration processes and sessions.

Secondly, there must be a flexible protocol to adjust and accommodate the changing needs of time and expectations for procedural orders and the time of hearings. Dr Ademola Bamgbose said, ‘‘We are proud to have been part of the ICC Africa Conference on International Arbitration and it was great to share our experiences of doing arbitration across Africa.

The discussions have brought up several insights into how arbitration continues to be impactful despite the challenges of the pandemic. We have seen enthusiasm and efforts from stakeholders and practitioners to see a more efficient process in Africa and for Africans. 

The arbitration community in Africa has taken some learnings from the challenges experienced during the various lockdowns and with proper application, we will maximize the opportunities and benefits of technology in arbitration. We at Hogan Lovells built our practice in Africa on the 4 pillars of understanding, investment, operation and respect and we will continue to support the practice of arbitration in Africa for the long term”.

Hogan Lovells has been operating in Africa for over 30 years and recognises the vast diversity of opportunities on the continent. With close relationships with law firms in 50 African countries, Hogan Lovells is committed to making a positive impact on local communities by investing in social enterprise and in-country capacity building for lawyers.