Dr. Lang Fafa Dampha, Executive Director of the Pan-African Centre for Cultures and Languages (PACCL), issued a compelling call for urgent innovation in dispute resolution systems. He emphasised this is crucial to safeguard the rapidly expanding China-Africa economic partnership, valued at over $250 billion annually.
Dr. Dampha delivered this address on 11 July 2025 at the fifth China-Africa Cooperation Legal Forum (FOCAC) in Changsha, the People’s Republic of China. The forum, held on 11 and 12 July 2025, was organised by the China Law Society, Xiangtan University, the Human Law Society, and the China Legal Exchange Centre.
Speaking on the critical theme of “building trust, managing risk, and ensuring long-term sustainability,” Dr Dampha highlighted the inevitable rise in commercial disputes accompanying the surge in trade, investment, and major infrastructure projects across Africa. “Disputes are an unavoidable part of complex and expanding trade relationships,” he stated, emphasising that the goal is not elimination but effective, fair, and accessible management.
His speech outlined significant hurdles within the current system. These include uncertainty over applicable laws and competent courts, difficulties enforcing foreign judgments, and even New York Convention arbitration awards, due to procedural delays or local resistance, and prevalent expertise and capacity gaps. The latter manifests as insufficient specialised judges and lawyers versed in international commercial law in some jurisdictions. Further complications arise from differing legal traditions (common, civil, customary law), language barriers in contracts and proceedings, and conflicting cultural expectations, all of which impede negotiations and settlements.
“These challenges demand clear contracts, capacity building, enhanced cross- border cooperation, and culturally sensitive approaches,” Dr Dampha asserted. He outlined the following comprehensive strategy for reform: First, establish dedicated regional dispute hubs in key trade cities like Nairobi, Lagos, Johannesburg, Kinshasa, and Cairo, blending local expertise with internationally recognised Chinese standards to enable faster, cheaper, and culturally aware settlements. Second, implement specialised intensive training programmes for judges, lawyers, and arbitrators handling China-Africa disputes. Third, promote the adoption of United Nations Commission on International Trade Law (UNCITRAL) model laws across Africa, alongside universal ratification and implementation of the New York Convention. Fourth, deploy innovative tools such as Online Dispute Resolution (ODR) platforms to enhance accessibility and reduce costs. Fifth, utilise hybrid dispute resolution models such as mediation followed by binding arbitration if needed, develop clear bilateral or multilateral procedures, and respect traditions by integrating trusted local or customary practices where appropriate.
Dr. Dampha stressed that both political will and institutional coordination are indispensable. The African Union, the African Continental Free Trade Area (AfCFTA) Secretariat, and Regional Economic Communities (RECs) must drive legal harmonisation, cross-border enforcement, and potentially establish centralised dispute resolution platforms. “Playing a supportive role, China ought to fund infrastructure, aid capacity building, and engage in jointly-run centers, while championing locally tailored approaches that honour African legal traditions and languages. High-level political commitment is essential,” he emphasised.
Framing dispute resolution reform as a “strategic investment in legal infrastructure,” the PACCL Director argued that it underpins economic growth, trust, and sustainable partnerships. “By combining international best practices with regional innovation and political commitment,” he concluded, “Africa and China can build a resilient legal architecture that supports sustainable trade, protects investors, and fosters equitable development for both sides.” The stability of the massive and growing Africa-China economic relationship, Dr. Dampha underscored, hinges on this critical evolution in managing conflict.
