Legal experts are urging the ECOWAS Court of Justice to transform its largely untapped arbitration mandate into a credible regional mechanism for resolving trade and investment disputes, positioning the Abuja-based court as a continental hub for commercial justice.Speaking at the court’s 2026 International Conference in Dakar, Senegal, Guinean lawyer Amadou Diallo said the court must unlock its “dormant arbitration potential” to support the African Continental Free Trade Area (AfCFTA) and strengthen investor confidence in West Africa. He argued that while the court has become an essential guardian of human rights, its role in commercial dispute resolution remains underused.
Diallo noted that the ECOWAS Court already has substantial legal foundations for arbitration under the 1993 Revised ECOWAS Treaty, the 2005 Supplementary Protocol and new Arbitration Rules adopted in December 2025. These instruments potentially cover interstate trade disputes, investor–state conflicts and private commercial disputes where parties agree to arbitrate before the regional court.
At a separate meeting of ECOWAS justice ministers in Banjul, The Gambia, officials validated critical legal instruments, including the new Arbitration Rules, designed to enable the court to provide a credible regional mechanism for resolving commercial disputes. Ministers stressed that equipping the court with arbitration tools comparable to international standards is key to strengthening investor confidence and supporting AfCFTA objectives.
The ECOWAS Court is best known for its human rights jurisprudence, but scholars and practitioners say its original design also envisioned a central role in economic integration. Academic analyses have long suggested that the court could function as a ready-made investment tribunal for West African states, especially as global discontent grows with traditional investor–state arbitration.
Professor Ernest Kofi Abotsi, speaking in Dakar, described the adoption of the court’s Arbitration Rules as a “transformational milestone” that opens new opportunities for peaceful and efficient dispute settlement and a more comprehensive regional dispute-resolution mechanism.
Diallo outlined several reforms needed to make the ECOWAS Court attractive to regional and international investors: Modernising the arbitration framework around speed, confidentiality, procedural flexibility and specialised expertise. Establishing an open panel of specialised arbitrators, including commercial lawyers, academics, financial experts and professionals with knowledge of mining, hydrocarbons, infrastructure and fintech.Building stronger partnerships with bar associations, chambers of commerce and business organisations. Promoting model arbitration clauses and raising awareness of the court’s new rules among companies and investors. He also called for closer alignment with the AfCFTA Dispute Settlement Protocol, positioning the ECOWAS Court as a bridge between Anglophone and Francophone legal systems and as a contributor to an emerging African “law merchant.”
The 2026 International Conference in Dakar, running from the 21st to 25th September, is examining seven thematic areas, including human rights jurisprudence, enforcement of judgments, digital innovation, environmental and displacement challenges, and new pathways for regional commercial dispute resolution. Organisers say the event is intended to strengthen the court’s capacity to deliver effective justice in a rapidly changing regional context.
Recent steps such as the launch of an Electronic Case Management System in June 2026 signal a broader push towards judicial modernisation, which supporters argue is essential if the court is to handle complex commercial cases efficiently and compete with established international arbitration centres.
If the ECOWAS Court successfully develops its arbitration function, it could offer businesses a regional, cost-effective and culturally attuned forum for resolving disputes, reducing reliance on distant international tribunals. For ECOWAS member states, a credible commercial dispute hub could enhance the region’s attractiveness to investors, support cross-border trade under AfCFTA and reinforce the rule of law as a foundation for economic integration.
The challenge now is to move from validated rules and conference declarations to practical implementation: building panels of arbitrators, training judges and staff, marketing the court’s services and ensuring that awards are recognised and enforced across the region.
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