The African Promise

Dr Emilia Onyema (SOAS University of London), Dr Stuart Dutson (Simmons and Simmons LLP London) and Mr Kamal Shah (Stephenson Harwood LLP London) have drafted the following text on an ‘African Promise’ towards the actualisation of Diversity in International Arbitration. Prof Dr Mohamed S. Abdel Wahab also mentioned the need for an African Pledge in his keynote speech at the 2018 SOAS Arbitration in Africa conference in Kigali. This Promise is modelled on the Equal Representation in Arbitration Pledge (www.arbitrationpledge.com). We very much encourage you to sign both the ERA Pledge and the African Promise.

Read Dr Onyema’s interview with LexisNexis on the African Promise here.
Read the GAR article on The African Promise here.
Read the SOAS article on The African Promise here.
Read the Law360 article on The African Promise here.
Read Dr Onyema’s article about The African Promise on The Conversation here.
Read Africa Arbitration Academy Protocol on Virtual Hearings in Africa, April 2020 by AYA here.

As a group of counsel, arbitrators, representatives of corporates, States, arbitral institutions, academics and others involved in the practice of international arbitration, we are committed to improving the profile and representation of African arbitrators especially in arbitrations connected to Africa. In particular, we consider that African arbitrators should be appointed as arbitrators on an equal opportunity basis. To achieve this, we will take the steps reasonably available to us – and we will encourage other participants in the arbitral process to do likewise – to ensure that, wherever possible:

  • committees, governing bodies and conference panels in the field of arbitration include a fair representation of Africans;
  • in arbitrations connected with Africa lists of potential arbitrators or tribunal chairs provided to or considered by parties, counsel, in-house counsel, arbitral institutions or otherwise include a fair representation of African candidates;
  • States, arbitral institutions and national committees include a fair representation of African candidates on rosters and lists of potential arbitrator appointees, where maintained by them;
  • where they have the power to do so, counsel, arbitrators, representatives of corporates, States and arbitral institutions appoint a fair representation of African arbitrators especially in arbitrations connected with Africa;
  • statistics for nominations and appointments (split by party and other appointment) of African arbitrators especially in relation to arbitrations connected with Africa are collated by arbitral institutions and made publicly available; and
  • senior and experienced arbitration practitioners support, mentor/sponsor and encourage Africans to pursue arbitrator appointments and otherwise enhance their profiles and practice.

In recognition of the under-representation of Africans on international arbitral tribunals especially in arbitrations connected with Africa, we have drawn up a promise to take action (an African Promise). An African Promise seeks to increase the number of Africans appointed as arbitrators especially in arbitrations connected with Africa in order to achieve a fair representation as soon practically possible.

The introductory paragraph of An African Promise sets out two general objectives:

  1. to improve the profile and representation of African arbitrators; and
  2. to appoint Africans as arbitrators especially in arbitrations connected with Africa.

An African Promise establishes concrete and actionable steps that the international arbitration community can and must take towards achieving these general objectives. It is, however, acknowledged that in some cases, some stakeholders may not reasonably be able to carry out each and every commitment. For this reason, the words ‘wherever possible’ were introduced to preface each of the specific commitments.

The African Promise

An African Promise

As a group of counsel, arbitrators, representatives of corporates, States, arbitral institutions, academics and others involved in the practice of international arbitration, we are committed to improving the profile and representation of African arbitrators especially in arbitrations connected to Africa. In particular, we consider that African arbitrators should be appointed as arbitrators on an equal opportunity basis. To achieve this, we will take the steps reasonably available to us – and we will encourage other participants in the arbitral process to do likewise – to ensure that, wherever possible:

  • committees, governing bodies and conference panels in the field of arbitration include a fair representation of Africans;
  • in arbitrations connected with Africa lists of potential arbitrators or tribunal chairs provided to or considered by parties, counsel, in-house counsel, arbitral institutions or otherwise include a fair representation of African candidates;
  • States, arbitral institutions and national committees include a fair representation of African candidates on rosters and lists of potential arbitrator appointees, where maintained by them;
  • where they have the power to do so, counsel, arbitrators, representatives of corporates, States and arbitral institutions appoint a fair representation of African arbitrators especially in arbitrations connected with Africa;
  • statistics for nominations and appointments (split by party and other appointment) of African arbitrators especially in relation to arbitrations connected with Africa are collated by arbitral institutions and made publicly available; and
  • senior and experienced arbitration practitioners support, mentor/sponsor and encourage Africans to pursue arbitrator appointments and otherwise enhance their profiles and practice.

In recognition of the under-representation of Africans on international arbitral tribunals especially in arbitrations connected with Africa, we have drawn up a promise to take action (an African Promise). An African Promise seeks to increase the number of Africans appointed as arbitrators especially in arbitrations connected with Africa in order to achieve a fair representation as soon practically possible.

The introductory paragraph of An African Promise sets out two general objectives:

  1. to improve the profile and representation of African arbitrators; and
  2. to appoint Africans as arbitrators especially in arbitrations connected with Africa.

An African Promise establishes concrete and actionable steps that the international arbitration community can and must take towards achieving these general objectives. It is, however, acknowledged that in some cases, some stakeholders may not reasonably be able to carry out each and every commitment. For this reason, the words ‘wherever possible’ were introduced to preface each of the specific commitments.

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356Aisha Abdallah Nairobi KenyaALN Kenya Nov 29, 2023
355Janine MallisHerbert Smith FreehillsNov 16, 2023
354Alexandre VagenheimParis FranceJus MundiOct 19, 2023
353Ranna MusaDubaiUnited Arab EmiratesStephenson Harwood Middle East LLPSep 17, 2023
352Sarah Fafa Kpodo AccraGhanaMinistry of Energy Ghana Sep 09, 2023
351Mark MalekelaDar es SalaamTanzaniaBreakthrough AttorneysJun 10, 2023
350Isabelle WengerLondonUnited KingdomStephenson Harwood LLPMay 30, 2023
349Mube AnuriPort HarcourtNigeriaSt.Williams Specialist Hospital Sep 25, 2022
348Isaac Bizumuremyi KigaliRwandaLex Chambers Sep 22, 2022
347Ronald MutasaHarareZimbabweDLA Piper Africa Zimbabwe Sep 22, 2022
346Sofia El Baghdadi Casablanca MoroccoSep 22, 2022
345Alpay BelerLondonUnited KingdomTapeSep 21, 2022
344Faye NziokaNairobiThe East Africa International Arbitration ConferenceJul 12, 2022
343Olasinmibo ZubairIbadanNigeriaMay 26, 2022
342Yemi LodeboAddis AbbaEthiopiaEthiopian Ministry of RevenuesApr 04, 2022
341Karishma VoraLondon & MumbaiUK and India39 Essex Chambers and Chambers of Karishma VoraApr 04, 2022
340Michael WietzorekMunichGermanyTaylor WessingApr 04, 2022
339Christianah AdeyemiTorontoCanadaNorthview LawApr 04, 2022
338Domenico Di PietroMiamiUnited StatesApr 04, 2022
337Kennedy OdhiamboMalindiKenyaAttorney General’s ChambersApr 04, 2022
336Paulman ChunguLusakaZambiaRanchhod, Chungu AdvocatesApr 04, 2022
335Elizabeth ChanHong KongHong KongTree CrownsApr 04, 2022
334Joshua KartonKingstonCanadaQueen’s University Faculty of LawApr 04, 2022
333 Basil Wood WalkerLondonUnited KingdomSimmons & Simmons LLPApr 04, 2022
332Robert LewsleyLondonUnited KingdomStandard Chartered BankApr 04, 2022
331Trevor OnyangoLondonUnited KingdomApr 04, 2022
330Rasha TakieldinCairoEgyptFaculty of Law, Mansoura UniversityApr 04, 2022
329Vivek KapoorLondonUnited Kingdom39 Essex ChambersMar 23, 2022
328Haydée SoulaSão PauloBrazilCAM-CCBCDec 11, 2020
327Thembela NdwandweDubaiUnited Arab EmiratesFreshfields Bruckhaus DeringerNov 03, 2020
326Lianne WaltersLondonUnited KingdomN/AOct 21, 2020
325Frances K N DdunguKampala UgandaLubega & Co Advocates Aug 31, 2020
324Emilia SiwingwaDar es SalaamTanzaniaAfrican Hub for Accountability and Development Initiatives (AHADI)Aug 27, 2020
323victoria kigenNairobiKenyaNairobi Centre for International ArbitrationAug 27, 2020
322Tayeb HassaboKhartoumSudanAztan Law FirmAug 27, 2020
321Godwin Omoaka, SAN, FCIArbLagosNigeriaTEMPLARS Aug 23, 2020
320Aboubacar FALLDakarSENEGALAF Legal law FirmJul 29, 2020
319Ernesto BrisenoMadridSpainIspayurJul 27, 2020
318Obiajunwa AmaLondonUnited KingdomUniversity of Hertfordshire Jul 18, 2020
317Rob WilkinsLondonUnited KingdomPinsent MasonsJul 02, 2020
316Mike KushnerLeedsUnited KingdomJun 04, 2020
315Anouj PatelLeedsUnited KingdomAddleshaw Goddard LLPJun 04, 2020
314Nick AshcroftUnited KingdomAddleshaw GoddardJun 04, 2020
313Amanda LeeLondonUKSeymours May 29, 2020
312Jack MatizaPort ElizabethSouth AfricaJack Matiza IncorporatedMay 27, 2020
311Tolu ObamurohParisFranceWhite & Case LLPApr 23, 2020
310Dewake Adeleye AdekoyejoLagisNigeriaThe JurisworthApr 14, 2020
309Khaled Abou El HoudaDakarSenegalHouda Law FirmApr 08, 2020
308Abimo OlayiwolaIbadanNigeriaABILEGALMar 30, 2020
307Emuobonuvie MajemiteLagosNigeriaPUNUKA Attorneys and SolicitorsMar 25, 2020

You can download The African Promise by clicking here
You can download The African Promise in Arabic by clicking here
You can download The African Promise in French by clicking here