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The Internationalisation of African Customary Law Arbitration

The Internationalisation of African Customary Law Arbitration ANDREW CHUKWUEMERIE* 1. INTRODUCTION Prior to the advent of colonisalism and establishment of the modern African states the pre-colonial political and economic entities, which were mostly kingdoms and chiefdoms at different levels of political and economic development,1 had their indigenous ways of settling economic and social disputes. They had well-established customary laws that governed their lives and business, providing guidance in both domestic and inter-kingdom or inter-chiefdom affairs in peace and in war. Amongst the prominently developing areas of that law were such dispute resolution mechanisms as litigation, arbitration and the ADRs such as mediation, conciliation and negotiation. Arbitration and the ADRs were certainly not called these English names and in several places may not even have had names distinguishing one from the other. Their characteristics (such as between arbitration and conciliation) were also no doubt, overlapping. That is why those trained in the British and other European or American systems have often had difficulties distinguishing between them.2 Those facts notwithstanding, Arbitration and the ADRs were mostly favoured and in vibrant employment by all segments of the society. They much more engendered a peaceful settlement of disputes and preservation of the pre-dispute cordial social or business relationships than http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png African Journal of International and Comparative Law Edinburgh University Press

The Internationalisation of African Customary Law Arbitration

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Publisher
Edinburgh University Press
Copyright
© Edinburgh University Press
Subject
Articles
ISSN
0954-8890
eISSN
1755-1609
DOI
10.3366/ajicl.2006.14.2.143
Publisher site
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Abstract

ANDREW CHUKWUEMERIE* 1. INTRODUCTION Prior to the advent of colonisalism and establishment of the modern African states the pre-colonial political and economic entities, which were mostly kingdoms and chiefdoms at different levels of political and economic development,1 had their indigenous ways of settling economic and social disputes. They had well-established customary laws that governed their lives and business, providing guidance in both domestic and inter-kingdom or inter-chiefdom affairs in peace and in war. Amongst the prominently developing areas of that law were such dispute resolution mechanisms as litigation, arbitration and the ADRs such as mediation, conciliation and negotiation. Arbitration and the ADRs were certainly not called these English names and in several places may not even have had names distinguishing one from the other. Their characteristics (such as between arbitration and conciliation) were also no doubt, overlapping. That is why those trained in the British and other European or American systems have often had difficulties distinguishing between them.2 Those facts notwithstanding, Arbitration and the ADRs were mostly favoured and in vibrant employment by all segments of the society. They much more engendered a peaceful settlement of disputes and preservation of the pre-dispute cordial social or business relationships than

Journal

African Journal of International and Comparative Law – Edinburgh University Press

Published: Sep 1, 2006

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