Local conference to spotlight arbitration in May

Andile Nikani, AFSA CEO

Johannesburg Arbitration Week (JAW), which is being held in Johannesburg from 5-7 May 2026, will unite leading experts to examine the role of arbitration within this shifting global landscape, explore the challenges and opportunities shaping its future, and assess how arbitration on the continent is evolving, from embracing technological innovation and adopting international best practies to developing ethical frameworks that could contribute to global benchmarks.”

The conference programme brings these themes to life. Sessions probing the impact of sanctions, trade blocs and eroding multilateralism on enforcement will unpack how geopolitical forces, including the rise of BRICS, the rollout of the AfCFTA and the weakening of the rules-based international order, are reshaping the legal landscape for arbitration and cross-border enforcement.

Institutional development is also a key focus, with discussions on how arbitral institutions across the continent can collaborate to build credibility and capacity, while broader questions of international enforceability and global integration will explore how African arbitration can achieve recognition and reach beyond the continent's borders.

Turning to the energy and infrastructure spheres, dedicated sessions will address independent power producer (IPP) agreements, environmental, social and governance (ESG) obligations, transition risk and the role of emergency arbitration in these sectors.

Despite Africa’s growing commercial prominence, and the increase in arbitral institutions and arbitrators on the continent, many high-value disputes remain seated offshore, underscoring the urgent need to strengthen local legislative frameworks, judicial support and institutional credibility. Accordingly, continental reform will also be a central theme, with discussions interrogating whether African disputes can and should increasingly be seated within African jurisdictions, and what structural reforms, judicial confidence-building and institutional development are needed to make this a reality.

The mining industry - an economic mainstay and one of the continent's most urgent arbitration flashpoints - will also feature prominently, with discussions examining how tribunals balance state enforcement of mining contracts against investor protections amid rising ESG regulations, force majeure claims, resource nationalism and interventionist resource policies. The strategic importance of critical minerals, energy security and supply chain resilience will also be explored.

Technology-driven transformation of the arbitral process will also be debated, with sessions exploring the use of generative AI in submissions, cybersecurity risks including deepfakes, virtual hearings and the need for updated ethical guidelines. These discussions are complemented by an empirical examination of patterns in arbitral procedure and decision-making across sub-Saharan Africa, including institutional practice, process design and outcomes.

An exciting feature of this year's event will be a moot court of the Supreme Court of Appeal matter in Kalagadi, which explored key principles relating to arbitration agreements and judicial enforcement under the International Arbitration Act.

"These sessions position JAW 2026 as a vital forum for arbitration practitioners, corporates and policymakers to challenge the status quo and to advance dispute resolution for all,” said Nikani. "The conference underscores Johannesburg's emergence as a sophisticated arbitral hub, fostering harmonisation and innovation across the continent."