SUB-SAHARAN AFRICA ARBITRATION
CD: How is the overall evolution of commercial activity and cross-border investment influencing the types of disputes that are most frequently referred to arbitration in Sub-Saharan Africa?
Kendra: Foreign direct investment (FDI) was at record levels in 2025 and this is still one of the main drivers of international arbitration in Sub-Saharan Africa, with international cases involving African parties increasing heavily in the last couple of years. As such, high-profile and large projects such as infrastructure, energy and mining are still predominant among disputes, as this is where international investors direct their capital, and where investors insist on the protections of international arbitration in the event of disputes. That said, intra-African trade – assisted by the African Continental Free Trade Area, the world’s largest free-trade zone by number of countries – is also growing from its previous comparatively low levels, and this will lead to disputes among African parties potentially in sectors like commodities and trade.
Daele: The majority of African disputes occur in one of three sectors: mining and natural resources, energy and construction, and infrastructure projects, including airports, ports, railways and roads. Another important sector that frequently generates international arbitration proceedings is telecommunication. With an ever-growing African population and the further digitalisation of the modern economy, the need for telecom services on the African continent remains very high, and so do telecom disputes. Kenya, the Democratic Republic of Congo (DRC), Liberia, Mali, Morocco, Rwanda and South Sudan are currently involved in high-profile telecom arbitrations.
Oct-Dec 2026 issue
Kennedys
Signature Litigation LLP
Winston Taylor