CLA News / International Arbitration Practice in Africa and the Inhibitions to the Deployment of Artificial Intelligence by Daniel K.Kip
Author: Daniel K. Kip
Position: Founder-Maestro Touch Legal
Email: kipdann@gmail.com
International arbitration practice in Africa is growing rapidly, with many countries on the continent adopting arbitration-friendly laws and establishing arbitration centers. Many African countries have ratified conventions like the New York Convention and the Washington Convention, facilitating recognition and enforcement of arbitral awards, and have enacted modern arbitration laws based on the UNCITRAL Model Law. Similarly, Institutions like the Lagos Court of Arbitration, Cairo Regional Centre for International Commercial Arbitration, and Kigali International Arbitration Centre offer arbitration services and have adopted rules incorporating international best practices, such as the UNCITRAL Arbitration Rules. The impact of regional economic communities like the Organisation for the Harmonisation of Business Law in Africa (OHADA) and the Southern African Development Community (SADC) in the promotion of arbitration to resolve cross-border disputes has been of great significance.
Over the last two decades, there have been phenomenal advancements in the use of AI. The use of AI in international arbitration is continuously evolving, and its use has risen steadily. For instance, Dispute Resolution Expert Manager (DRExM) has lately been used in Egypt to resolve construction disputes, because of its ability to recommend the most appropriate dispute resolution technique, depending on the nature of the dispute, the evidence, and the relationship between the parties.
AI tools have already taken hold in some areas of dispute resolution, usually in a bid to increase efficiencies. For instance, disclosure management software is no longer limited to the performance of keyword searches but can use predictive coding and natural language processing to extract and convey actual meaning from documents. AI tools can also be used to identify and analyze authorities, and to analyze submissions. The brutal truth is that automated tools can deal more quickly, efficiently, and accurately than any human with large quantities of documents or data. Arbitration is not immune to dynamic technological advancement.
Africa’s international arbitration practice is becoming increasingly sophisticated, offering effective dispute resolution options for businesses operating on the continent. However, there are some potential inhibitions to the deployment of artificial intelligence in arbitration practice in Africa.
Firstly, the infrastructural deficit in Africa that limits access to reliable internet, technology, and digital tools in some African countries may create a digital literacy gap and impede familiarity with AI technologies among arbitration practitioners and stakeholders.
Also, the absence of regulatory frameworks with clear regulations and guidelines for the use of AI in arbitration, data privacy and security concerns about protecting sensitive information and maintaining confidentiality all impact the trust and acceptance of AI tools by practitioners. Need I mention the skepticism about AI’s ability to replace humans in the overall practice of international arbitration in Africa? For instance, members of the European Parliament have mooted to provide legal status to robots, classifying them as ‘electronic people’ and holding them liable for their acts or omissions. This kind of regulation could open new avenues, allowing parties to appoint computers, even in countries that require ‘human’ arbitrators.
One crucial concern to the deployment AI in Africa is its lack of cultural and linguistic diversity. There is need for AI systems to accommodate diverse languages, cultures, and legal traditions. Other inhibitions are the inability of some arbitration centers or practitioners to bear the high costs of investment in AI technologies and training, the scarcity of relevant data for training and testing AI models, and several ethical considerations.
The effective deployment of artificial intelligence (AI) in international arbitration practice in Africa requires a strategic approach. Stakeholders must adopt a gradual and inclusive approach. Firstly, identify areas where AI can add value, such as document review and data analysis, etc. Next, develop Africa-specific AI training data to ensure cultural and linguistic relevance. Collaborate with arbitration centers, practitioners, and tech experts to promote understanding and adoption. Establish clear guidelines and regulatory frameworks to address ethical concerns. Invest in capacity building and training for arbitrators, lawyers, and judges. Finally, pilot AI-powered arbitration tools and continuously evaluate their impact to ensure a seamless integration that enhances efficiency and accuracy. By doing so, AI can enhance efficiency, accuracy, and accessibility in international arbitration practice in Africa, ultimately promoting economic growth.
