Accelerating legislative reform, rising cross-border investment and a sharp increase in complex commercial disputes across Africa has moved arbitration and alternative dispute resolution (ADR) from the margins of the legal sector to the mainstream of economic governance on the continent.

Over the past few years, African states have intensified efforts to modernise arbitration laws, strengthen the enforceability of arbitral awards and align national frameworks with international best practice. From the growing adoption of UNCITRAL-aligned legislation and specialist arbitration courts to a notable increase in investor-state and infrastructure-related disputes, the continent’s dispute-resolution ecosystem is undergoing a period of rapid maturation.

“Across Africa, we are seeing this shift, which to an extent was started by the historic signing of the AFSA-SADC Alliance Charter by 11 SADC member states at the Johannesburg Arbitration Week (JAW) 2024, hosted by the Arbitration Foundation of Southern Africa (AFSA),” says AFSA CEO Andile Nikani.

“Governments, investors and businesses are no longer asking whether arbitration should play a central role in dispute resolution,they are asking how to deploy it effectively, credibly and at scale and at this year’s JAW, we will address these questions,” he adds.

Arbitration in a fragmented global order

Nikani highlights that this year’s theme for JAW 2026 is ‘Arbitration in a fragmented global order: the future of trade, investment and sustainable development’. “Over the last few years, geopolitical tensions, trade disruptions and tariffs, and competing economic blocs, has fragmented the global order. Through this, we have seen arbitration emerge as a vital, neutral mechanism to safeguard cross-border trade, and investments.”

At AFSA JAW 2026, he notes, these topics will be unpacked to serve as guidance for drafting arbitration clauses in this challenging and changing environment.

A Timely Platform for a Changing Continent

Arbitration in sectors such as infrastructure, energy, mining and financial services, often span multiple jurisdictions. Large-scale renewable energy rollouts, public-private partnerships and regional trade expansion under the African Continental Free Trade Area (AfCFTA) have brought with them increasingly sophisticated dispute-resolution demands.

At the same time, African arbitral institutions are expanding their reach, courts are demonstrating stronger pro-arbitration stances, and businesses are seeking faster, more predictable mechanisms to manage risk and preserve commercial relationships.

“Dispute resolution isn’t just a legal consideration, but a strategic business and investment issue,” Nikani notes. “JAW 2026 will therefore give decision-makers real insight into how arbitration and mediation are shaping project viability, investment confidence and sustainable growth across the continent.”

From Policy Reform to Practical Impact
Building on the inaugural 2024 event, JAW 2026 will examine how recent policy reforms and legal developments are translating into practical outcomes on the ground. Sessions will explore sector-specific dispute trends, enforcement challenges, public-sector participation in arbitration, and the increasing role of mediation in preserving long-term commercial value.

“Attending JAW 2026 is about future-proofing businesses, industries and governments alike,” says Nikani. “Whether you are a government official shaping policy, an investor managing risk, or a corporate leader delivering multi-jurisdictional projects, understanding where African dispute resolution is heading is no longer optional.”

He adds that AFSA JAW 2026 will set out to be a transformative forum. “With more African states adopting pro-arbitration legislative measures, our shared objective is to build confidence through efficient processes that support Africa’s critical sectors and sustainable development ambitions,” he concludes.