Enforcing Arbitral Awards Across African Jurisdictions

The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards has been ratified by the majority of African states, but the practical reality of enforcement varies considerably from jurisdiction to jurisdiction.

The Gap Between Ratification and Practice

Ratification does not guarantee smooth enforcement. Domestic procedural rules, the independence of local courts, and the capacity of enforcement mechanisms all affect the real-world outcome for award creditors.

In several jurisdictions, enforcement applications are subject to extensive procedural hurdles that, in practice, can extend timelines significantly beyond what the Convention's framework anticipates.

Strategies for Award Creditors

Effective enforcement strategy begins before the arbitration itself. Seat selection, governing law, and the location of the debtor's assets are all critical variables. Choosing a seat with a strong supervisory court and selecting an arbitral institution with an established track record in the region substantially improves the prospects of effective enforcement.