Africa's legal practitioners must embrace effective arbitration - 4th KBE memorial lecture speakers
The law firm, Bentsi-Enchill, Letsa & Ankomah, has held its fourth Kojo Bentsi-Enchill Memorial Lecture, highlighting the growing importance of international arbitration in Africa and its role in boosting investor confidence and economic stability.
This is because the way disputes are resolved will ultimately influence investor confidence and the credibility of the continent's legal systems.
Well-managed disputes can strengthen the rule of law, attract investment and ensure justice.
Annual lecture
The annual lecture, organised to honour its founder partner, Kojo Bentsi-Enchill, brought together legal experts, law students and a cross-section of the public to discuss the future of cross-border commercial disputes as African economies become more integrated into global markets.
The Attorney-General and Minister of Justice, Dr Dominic Ayine, a guest speaker, stated that as African economies became more integrated into global markets, cross-border disputes were no longer unusual but becoming commonplace.
A litigation consultant and arbitrator, Funke Adekoya, urged African arbitration practitioners to take deliberate steps to elevate their expertise and build a reputation that instilled confidence in a global market.
She emphasised that the continent's legal professionals must combine technical competence with strategic networking to claim their rightful place in international commercial disputes.
The rising tide of international trade and disputes presents a significant opportunity for African practitioners.
Ms Adekoya stressed that to fully capitalise on the most crucial area for growth would require strengthening legal and procedural expertise.
She advised practitioners to deepen their knowledge of public and private international law, international investment law and the framework of the New York Convention, all of which were essential for effective representation.
Furthermore, she urged participants to focus on legal areas frequently involved in African disputes, such as natural resources, energy, construction and telecommunication.
Trade laws
A strong command of international trade law regimes, including the African Continental Free Trade Agreement (AfCFTA), was equally vital, she added.
Building a track record of excellence, Ms Adekoya said, was key, adding that it could be achieved by starting as co-counsel alongside established international firms or by taking on complex domestic arbitrations that mirrored the complexity of international disputes.
“To enhance visibility, practitioners should consider publishing summaries of notable awards or procedural decisions that highlight innovative advocacy,” she added.
The call for action comes at a time when the international arbitration community is increasingly focused on the lack of diversity, which Ms Adekoya said called into question the legitimacy of the entire dispute settlement system.
Panel
The event also featured an insightful panel discussion, addressing key aspects of Africa's evolving legal landscape.
The panel deliberated on topics, including legal and regulatory reforms, judicial support and challenges, capacity building and skills transfer, as well as regional corporation and knowledge sharing.
The panellists were Senior Partner at Bentsi-Enchill, Letsa & Ankomah, Ace Anan Ankomah; the Managing Partner at BEYUO & Co, Kizito Beyuo; Managing Partner of Amofa Partners, Emmanuel Amofa, and a Partner at Bentsi-Enchill, Letsa & Ankomah, Nania Owusu-Ankomah, who moderated the discussion.
