Enhancing the Efficiency and Effectiveness of East African Institutional Arbitration Rules

Comparative Lessons from Global Best Practices

Abstract

The rapid economic integration and globalization of commercial activities in East Africa have significantly increased the demand for efficient and effective dispute resolution mechanisms, with institutional arbitration emerging as a preferred alternative to conventional litigation. This paper presents a comparative analysis of the procedural rules established by four principal arbitration institutions in East Africa: the Addis Ababa Chamber of Commerce and Sectoral Association Arbitration Institution (AACCSAAI), Nairobi Centre for International Arbitration (NCIA), Kigali International Arbitration Centre (KIAC), and Tanzania International Arbitration Centre (TIAC). Employing doctrinal and comparative methodologies, the study examines key procedural aspects of these institutions including—the appointment and challenge of arbitrators, the governance of fast-track and emergency arbitration, and the management of multi-party and multi-contract disputes—through the lens of the core principles of international commercial arbitration: party autonomy, procedural fairness, and efficiency. Benchmarking these aspects against the standards of globally leading arbitral institutions, the study reveals notable procedural limitations that impede alignment with international best practices. The findings underscore the critical need for continuous innovation and integration of best practices within East African institutional arbitration rules to enhance efficiency and effectiveness, while safeguarding fairness and party autonomy. The paper argues for reforms that balance stakeholders’ roles in arbitrator appointments, broaden and clarify procedures for challenges, introduce robust expedited processes, and adopt comprehensive multi-party, and emergency arbitration rules.