Arbitrability and public policy: an African perspective.
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MANTE, J. 2015. Arbitrability and public policy: an African perspective. Presented at the Society of legal scholars conference 2015, 1 - 4 September 2015, York, UK.
The paper is divided into five sections. The first section provides a brief overview of the concept of arbitrability. The second section surveys the current trend and relationship between arbitrability and public policy in the European and American contexts. This is followed by an examination of the trend in Africa. Under this third section, approaches to the regulation of international arbitration, in general, and arbitrability specifically are explored. Then there is an examination of the scope of non-arbitrable matters on the continent. The fourth section discusses some of the key issues emerging from the material on arbitrability from Africa, how they compare with the trends in Europe and the persisting role of public policy. The final section pulls together conclusions from the discussions.