African Continental Free Trade Agreement Arbitration
The characteristics of the reform are already reflected in regional and continental policy instruments and in recent NTTs involving African countries. The South African Development Community`s proposal for bilateral investment agreements contains many elements of reform and addresses a large number of new topics. A strong preference for African arbitration institutions is found in the draft Pan-African Investment Code, which only provides for ISDS in the AfCFTA architecture The future of ISDS in the AfCFTA architecture is unclear at this time. Whether the Investment Protocol, once completed, will provide for an ISDS mechanism is expected to be highly controversial. A number of factors coincide to tarnish the landscape, including (1) the existence of many intra-African TWOs that have entered into force, which provide for ISDS;1) See z.B. Mauritius – South Africa ILO (1998). (2) the existence of many uningodized intra-African EDOs that provide for ISDS;2) See z.B Morocco-South Sudan bit (2017). . .