By KT Reporter
The First Africa Commercial Courts Summit has resolved to promote the use of Alternative Dispute Resolution (ADR) in commercial disputes across the continent.
The summit, themed “Effective Commercial Dispute Resolution for Africa,” brought together Chief Justices and Heads of Delegations from various African judiciaries.
The resolutions, dubbed the Kampala Summit Resolutions, outlined a comprehensive framework for enhancing the role of judiciary in promoting ADR in commercial disputes. The summit’s resolutions aim to increase access to commercial justice, reduce case backlogs, and foster a conducive business environment in Africa.
The Chairperson of Africa Chief Justices Alternative Dispute Resolution Forum who is the Chief Justice Alfonse of Uganda, Alfonse- Owiny-Dollo Chigamoy , along with other Chief Justices and representatives from across Africa, signed the resolutions, to demonstrate their commitment to collective action.
The summit resolved to promote the use of ADR in jurisdictions, conduct joint ADR trainings involving all key stakeholders, including judges, practising advocates, and members of the public. It also agreed to consider the adoption of technology and Artificial Intelligence in ADR practice and conduct ADR advocacy activities, including the development of information, education, and communication materials.
Furthermore, the summit agreed to consider holding annual continental summits for commercial courts, hosted in different jurisdictions across Africa, and undertake policy formulation and law reform relating to ADR in their respective judiciaries. They also vowed to work closely with court administrators to promote ADR within their judiciaries and promote judicial expertise in commercial dispute resolution.
The resolutions also highlight the need for African judiciaries to identify and apply international best practices in ADR, consider requiring parties to seek permission from the court before filing an appeal, and limit stays of execution pending appeal. Additionally, the summit agreed to explore the use of appellate mediation and promote the delivery of ex tempore judgments in interlocutory or interim matters.
The summit’s outcome document was signed by 14 Chief Justices and representatives from various African countries, including Uganda, The Gambia, Malawi, Zambia, South Sudan, Botswana, Namibia, the Sahrawi Arab Democratic Republic, and others. The resolutions are expected to guide the work of African judiciaries in promoting ADR and improving commercial dispute resolution, ultimately contributing to the achievement of the African Union’s Agenda 2063 and the Sustainable Development Goals.
Owiny-Dollo said since the establishment of the Chief Justices Forum, on March 5th 2024, they have seen growing momentum and commitment from judiciaries across Africa to embrace ADR as credible, cost effective and efficient means of resolving disputes.
“From 16 founding Judiciaries, Our Forum has expanded to 22, a clear signal of the urgency and importance of our Mission”, said Owiny-Dollo.
Daniel J Dewalt the Senior Vice President of Global Impact and Chief of Staff at Pepperdine University which is one of the major sponsors of the event and has been training judicial officers in ADR, said the summit was a bold continuation of their shared commitment to transform dispute resolution across African and strengthening Justice systems through collaboration, innovation and integrity.
The Former Lord Chief Justice of England and Wales but currently the President of the Qatar International Court and Dispute Resolution Centre and Chairperson of the Standing International Forum of the Commercial Courts, Lord Thomas Of Cyngiedd said this is the time for World over to get the relationship between courts, arbitration and mediation right and to ensure proper access to dispute resolution for businesses of every side. “Standards, commercial and legal matter more than ever”, said Lord Thomas.
Lady Justice Jumoke Pedro from Lagos State High Court told URN that in Lagos ,they adopted ADR long time back and they don’t regret. “We have put it in our laws, we have attracted more stakeholders to embrace it because it saves time and convenient.”
“To move forward as the Judiciary, parties, lawyers and other stakeholders,we must embrace the Alternative Dispute Resolution mechanism because it’s a game changer since, you are able to seat together solve the dispute under a win win situation”, said Pedro.
*List of Chief Justices who signed the resolutions*
1. Hon. Justice Alfonse Chigamoy Owinny Dollo, Chief Justice of the Republic of Uganda
2 .Hon. Justice Hassan B. Jallow, Chief Justice of the Republic of The Gambia
3 .Hon. Justice Rizine R. Mzikamanda, Chief Justice of the Republic of Malawi
4.Hon. Justice Dr. Mumba Malila, Chief Justice of the Republic of Zambia
5 .Hon. Justice Chan Reec Madat, Chief Justice of The Republic of South Africa
6.Hon. Justice Gaolapelwe Gee Ketlogetswe, Chief Justice of The Republic of Botswana
7.Hon. Justice Peter S. Shivute, Chief Justice of The Republic of Namibia Hon. Justice Mohamed Mbarek, Chief Justice of The Sahrawi Arab Dem. Republic
8.Hon. Justice Nestor Kayobera, President of the EACJ
9.Hon. Justice Francis Gikonyo, Head of the Kenyan Delegation
10.Hon. Justice Tawanda Chitapi, Head of the Zimbabwean Delegation
11.Hon. Justice Cyprian Mkeha, Representative from the Republic of Tanzania
12.Hon. Justice Abubakar Ahmed Ali Ulusow, Representative from the Republic of Somalia.
14.Hon. Justice Tijjani Abubakar, Representative from the Republic of Nigeria-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
