Originally from Soft Law in International Arbitration, Second Edition

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BACKGROUND

Given the outbreak and continuous spread of the COVID-19 pandemic, governments around the world, including in Africa, are deploying different measures to curtail and contain the spread of the virus. The health and safety concerns, as well as travel restrictions imposed by many African countries have significantly affected arbitration hearings and made it impossible, for the time being, to convene physical meetings or hearings in a single location. One major impact that COVID-19 has had globally, is the increased reliance on technology by businesses and governments. The pandemic has changed the world tremendously and the use of technology in arbitration is now progressively becoming the new normal. Whist some protocols or guidance notes have recently been issued for virtual hearings, none of them is context-specific and custom made for Africa.

This Protocol details recommendations on virtual hearings and its adoption (to the extent possible) is optional and to a large extent dependent on parties’ agreement, access to reliable technology, existing applicable treaties, laws, rules, and codes of arbitral institutions, and advisory notes from governments. It also takes into account the specific challenges and circumstances that may arise in relation to virtual hearings within Africa. The Protocol is available in all major official languages of the African Union – English, French, Arabic, and Portuguese.