Originally from Arbitration Law and Practice in Africa - Second Edition

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I. INTRODUCTION: ARBITRATION IN ANGOLA HISTORY AND INFRASTRUCTURE

A. History and Current Legislation on Arbitration

1. Historical evolution of law relating to arbitration

Angola was a Portuguese overseas territory for almost five hundred years. For this reason, the history and legal framework of Arbitration in these countries is coincident until 1975, when Angola became an independent State.

Arbitration in Angola was first governed by Articles 44 to 58 of the 1876 Portuguese Code of Civil Procedure, within the chapter on jurisdiction. Arbitration was subject to the review of state courts.

The 1939 and 1961 Codes of Civil Procedure both still canvassed arbitration as a dispute resolution mechanism subject to the control of state courts, unlike modern commercial arbitration. As a consequence, arbitration practice was almost inexistent in the territory.

Articles 1508 to 1524 of 1961 Code of Civil Procedure remained in force until 2003, when they were replaced by Law 16/03, of 25 July 2003, the Voluntary Arbitration Law (VAL), presently in force. As happens with a significant number of legislative acts enacted after Angola’s independency, said law is largely inspired in the Portuguese legal regime, i.e., the former Portuguese Voluntary Arbitration Law. 

Despite this new regime, arbitration in Angola is still not yet in line with the best international arbitration practice. Angola is not a party to the Washington Convention of 1965 on the Settlement of Investment Disputes between States and Nationals of other States (the “Washington Convention”). In regards to the New York Convention of 1958 on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”), however, the Angolan National Assembly approved the accession of the country by means of resolution No. 38/2016. The resolution was approved on 16 June 2016 and published in the official gazette on 12 August 2016.