The Costs Burden of International Arbitration on African States

Presentation

African States increasingly face international arbitration claims, particularly in the fields of investment, commercial arbitration involving State-owned entities, and treaty-based disputes. The manner in which States respond to the increasing costs burden of such claims is a topic that will be of concern to the round table.

Drawing on a diverse range of viewpoints, this round table will explore the costs burden of international arbitration on African States. Our panellists will address a range of themes including the costs of arbitration, legal budgets of State defence teams, security for costs, and third-party funding option. This session aims to share practical, experience-based insights on how States can manage efficiently and effectively the costs burden of international arbitration.

In sum, the round table seeks to:
1. Discuss the costs burden on States when responding to international arbitration claims;
2. Highlight common institutional, procedural, and strategic challenges faced by government legal offices;
3. Discuss mechanisms for managing legal budgets between Attorneys-General’s offices, ministries, and external counsel;
4. Discuss applications for security for costs;
5. Discuss whether third-party funding may be available for States;
6. Promote peer learning among African government practitioners and arbitration specialists; and
7. Contribute to AfSIL’s broader objective of strengthening African capacity and expertise in international dispute resolution.

This event is delivered by the Disputes Interest Group of The African Society of International Law (AfSIL) co-chaired by Ben Sanderson, Lefa Mondon and Ahmed Abdel-Hakam.

AfSIL is a network of practitioners, scholars, technocrats and students engaging with international law as practiced, implemented, and forged in Africa. The Society seeks in particular to:

• Amplify the voice of African states and Africans in international law;
• Foster inquiry, exchange of ideas and innovation in international law as it is developed and implemented in Africa;
• Promote and support the study and practice of international law on the Continent;
• Share information on international law opportunities such as scholarships, internships, speaking engagements, publications, and employment;
• Celebrate the accomplishments of its members in the field of international law.

To become a member of AfSIL please see https://www.afsilsadi.org/membership.