Member news

26 September, 2024

In his presentation, Dr Gaston starts by addressing the obstacles that African arbitrators, particularly black Africans face in the international arbitration space. Despite initiatives to modernize the legal framework governing the global arbitration landscape, systemic discrimination of arbitrators still remains a persistent issue. He is of the opinion that although Black African arbitrators are present in the International arbitration space, majority of them are coerced into conforming to western expectations. According to him, Black African arbitrators are promoted not for their technical expertise, but because they are judged to be docile and malleable at will. This creates a situation where some African arbitrators are conditioned to slander and isolate their colleagues in order to benefit from the graces of their masters. The presenter highlights the importance of valuing technical and racial diversity in international resolution. African arbitrators should be evaluated based on their technical expertise, and not the colour of their skin. He goes further to talk about the Asian world as a hope of change. He emphasizes collaboration and mutual respect between African and Asian arbitration professionals within the framework of the Asian African Legal Consultative Organization (AALCO). This professional relationship is devoid of superiority complex or condescension on the part of Asian professionals. This is in contrast to the condescension and contempt shown elsewhere in the world to African arbitrators. The presenter talks about his experience at an international symposium, where Chinese business leaders investing in Black Africa, demonstrated their willingness to settle disputes in African Arbitral centres that had proved their credibility. This attitude contrasts with skepticism in other parts of the world. The Presenter identifies Africa’s racial and cultural diversity as enriching factors, and advocates that efforts should be undertaken to change the general perception of Africa and Black African people. He emphasizes the potential for effective internationality in the practice of arbitration through the adoption of inclusivity. The presenter concludes with a quote by the former US President Bill Clinton ‘Diversity and progress can go hand in hand’.