The Digitalization of Arbitration in Africa: Enhancing Access to Justice or Entrenching Inequality?

The digitalization of arbitration has emerged as one of the most significant developments in contemporary dispute resolution. Accelerated by the COVID-19 pandemic, arbitral institutions and practitioners across the world have increasingly adopted virtual hearings, electronic filings, and online case management systems.2 In Africa, where arbitration continues to grow as a mechanism for resolving commercial disputes, digital technologies present an opportunity to improve efficiency and expand access to justice.3 However, the shift towards digital arbitration also raises critical concerns regarding fairness, equality, and inclusivity.

This paper examines whether the digitalization of arbitration in Africa enhances access to justice or risks entrenching existing socio-economic inequalities. It argues that while digital arbitration has the potential to democratize dispute resolution by removing geographical barriers and lowering procedural costs, its benefits remain unevenly distributed due to infrastructural disparities, technological illiteracy, and the persistent digital divide. Through an evaluation of African arbitration institutions, the paper demonstrates that digital arbitration must be implemented cautiously to safeguard procedural fairness. The paper concludes that digitalization should complement rather than replace traditional arbitration mechanisms. This piece further suggests that regulatory reform and digital infrastructure development is essential to ensure that technological innovation strengthens access to justice.