Dealing in Power: African Arbitrators as Gatekeepers of Change?

The selection of arbitrators may be the most crucial decision in any arbitration, as it significantly impacts the outcome. As arbitral awards shape international investment law, the arbitral selection process also matters for the development of international law. Does enabling greater diversity in the international arbitration ecosystem help address concerns about output legitimacy concerning the quality and effectiveness of arbitral decision-making? Recent scholarship suggests that diverse arbitral tribunals can produce higher-quality awards and enhance the perceived legitimacy of investor–state arbitration. ‘Cultural proximity’ between decision-makers and parties can help arbitral tribunals better understand case facts and apply relevant law with greater nuance. Despite compelling arguments for diversity, a small, homogeneous group continues to dominate the appointments to arbitral tribunals. This chapter explores the role of African arbitrators in investor–state arbitration and their potential contribution to the field.