ADR in Africa: Safeguarding Fairness in Foreign Investment
As Africa continues to attract significant foreign interest, questions remain as to whether such engagement amounts to genuine investment or subtle exploitation. Disputes often arise over resource allocation, contractual obligations, regulatory frameworks, and perceptions of imbalance between foreign investors and African states or communities.
In this complex environment, Alternative Dispute Resolution (ADR) has emerged as a vital mechanism for ensuring fairness, protecting sovereignty, and fostering sustainable partnerships. This session will examine the role of ADR in resolving cross-border investment disputes, balancing the interests of investors with those of host states, and ensuring that Africa’s development objectives are not undermined by inequitable arrangements.
By drawing from regional and international experiences, the discussion will explore how negotiation, mediation, and arbitration can prevent exploitation, promote equity, and build investor confidence, while safeguarding Africa’s long-term socioeconomic interests.
Session Chair: Chief Justice Fonkwe
Panellists
• Dr. Jamsheed Peeroo
• Philip Odiase
• Osei Bonsu Dickson
• Koblavie Bakhita
• Diamana Diawara
Chief Justice Fongang Fonkwe
Hon Chief Justice Fonkwe Joseph Fongang is the current President of the Judicial Bench of the Supreme Court of Cameroon. This bilingual Judge is a product of ENAM and the University of Yaounde. An accredited Trainer on OHADA Uniform laws from ERSUMA Porto Novo, he participated in translating all OHADA Uniform Acts into English. He has published many law articles and commentaries on OHADA law (Juriscope) and is Co-author of a book “Cameroon Criminal Procedure and Practice in Action. “ He has participated in many arbitration seminars in Douala, Yaounde, Pretoria and Abuja. Chief Justice FONKWE is now an Associate Member of the London Chartered Institute of Arbitrators (ACIArb).
Dr. Jamsheed Peeroo
Jamsheed is an arbitrator, an arbitration counsel and a dual-qualified barrister practising at the Bar of England and Wales and at the Mauritian Bar. He holds a PhD in international arbitration law from the University of Paris I Panthéon-Sorbonne and started his career in the arbitration group of a magic-circle law firm in Paris where he was part of the team advising UNCITRAL on the revision of its Arbitration Rules. Jamsheed has worked on numerous high-profile arbitrations under various institutional rules across several continents. He has been described on Legal 500 as “first-rate”. His practice covers various areas ranging from commercial, corporate and financial disputes, to energy, mining, infrastructure and transport. In addition to his international practice, Jamsheed currently serves as the Secretary-General of the African Society of International Law and is a Co-Chair of the COMBAR Africa Committee.
Philip Odiase
Philip Osarobo Odiase holds a PhD in commercial arbitration. He is a Reader at the Department of Commercial Law, Faculty of Law, Adekunle Ajasin University, Akungba-Akoko, Ondo State, Nigeria and the acting Head of the Department of Private and Property Law. He is also the Principal Partner of Philip Odiase & Co. He was a lecturer and Sub-Dean of the College of Law, Igbinedion University, Okada, Edo State, Nigeria. He is widely published and has extensive experience in commercial arbitration, advocacy and advisory services.
Osei Bonsu Dickson
Dr. Osei Bonsu Dickson specializes in international arbitration, cybersecurity law, and national security policy. He is Global Vice President of the Center for International Mediators and Arbitrators (England & Wales), and former Chief Legal Advisor at Ghana’s National Security Council Secretariat. He teaches International Commercial Arbitration at University of Ghana School of Law. He was educated at University of Ghana, Ghana School of Law, Harvard University and Rushford Business.
Diamana Diawara
Ms Diawara is the ICC Regional Director of Arbitration & ADR in Africa. She works in tandem with the ICC Africa Commission, established in 2018, and ICC’s Africa Action Network which brings together ICC national committee and chamber of commerce leaders to support the private sector in Africa, digitise and build resilience of micro and small enterprises in the region and enable the operationalisation of the African Continental Free Trade Area. Diamana has been a Counsel of the International Court of Arbitration in charge of the France/Middle East/Africa team for over eight years, beginning her career in 2012 as an ICC Court Deputy Advisor. She is an accomplished arbitration lawyer, teacher and speaker, regularly representing the ICC Court.
