The AFAS-ADR Essay Competition, 2025

The AFAS-ADR Essay Competition was established in 2024 as a collaborative initiative aimed at fostering a deeper understanding of dispute resolution mechanisms among law students in Africa. The competition was launched in four prominent universities across the continent: GIMPA School of Law in Ghana, Makerere University School of Law in Uganda, Tumaini University Makumira in Tanzania, and the University of Kigali School of Law in Rwanda. This initiative is part of a broader effort to enhance the skills of future legal practitioners in the field of alternative dispute resolution (ADR) and international commercial arbitration. By engaging students in critical analysis of legal principles, the competition seeks to promote a culture of legal scholarship and practical application of arbitration laws, particularly in the context of the New York Convention and its public policy exception.

 

The primary objectives of the competition are to encourage legal analysis, reasoning, and critical thinking among students while providing them with a platform to showcase their understanding of complex legal issues. Participants were tasked with examining the public policy exception under the New York Convention and its implications for international commercial arbitration. This focus not only enhances their academic skills but also prepares them for real-world legal challenges they may face in their careers. The competition is designed to identify and reward outstanding legal minds, with the winners receiving the prestigious “AFAS/CIArb Student Award,” which includes training at the Associate Level from the Chartered Institute of Arbitrators (CIArb) in their respective countries. This award serves as a significant stepping stone for students, equipping them with essential skills and knowledge that will benefit their future careers in law and arbitration.

The selection of the three winning essays from Uganda, Ghana, and Tanzania reflects the diverse perspectives and legal contexts within which the public policy exception operates. Each essay not only met the competition’s rigorous assessment criteria but also demonstrated a profound understanding of the subject matter. The winners were chosen based on their ability to identify legal issues, provide authoritative support for their analyses, and present their arguments in a clear and concise manner. The essays showcased the students’ engagement with relevant case law and scholarly opinions, highlighting their potential as future leaders in the field of arbitration. The recognition of these students through the AFAS/CIArb Student Award underscores the importance of nurturing legal talent in Africa and promoting excellence in legal scholarship.

 

The winning essay from Uganda, authored by Cleopas Opini, exemplifies a strong grasp of the public policy exception under the New York Convention and its implications for international commercial arbitration. The essay is well-structured, featuring a clear introduction, a comprehensive legal framework, and a logical progression of ideas. Opini’s ability to articulate complex legal concepts in a coherent manner is commendable, as it enhances the reader’s understanding of the topic. The essay effectively utilises relevant case law, such as Parsons & Whittemore and Kampala International University v. Housing Finance Co. Ltd, to support its arguments, demonstrating a strong engagement with both local and international legal principles. Furthermore, the essay’s conclusion succinctly summarises the key points while emphasising the importance of aligning Uganda’s arbitration practices with international standards. Overall, Opini’s work stands out for its clarity, depth of analysis, and effective use of evidence, making it a deserving winner of the competition.

 

The essay can be accessed here: Cleopas Opini – Uganda

 

Jeremiah Benjamin Zor’s essay from Ghana showcases a comprehensive examination of the public policy exception and its implications for international commercial arbitration within the Ghanaian context. The essay is well-organised, with distinct sections that facilitate a logical flow of ideas. Zor’s analysis is particularly noteworthy for its insightful discussion of judicial interpretations and their relevance to Ghana’s legal landscape. The use of pertinent case law enriches the argument, illustrating how the public policy exception has been applied in practice. The essay also effectively connects international perspectives with Ghana’s unique legal context, demonstrating Zor’s ability to engage with complex legal issues critically. The conclusion not only summarises the main points but also offers thoughtful recommendations for enhancing Ghana’s arbitration framework. Zor’s essay exemplifies clarity, depth of analysis, and a strong command of legal principles, making it a standout contribution to the competition.

 

The essay can be accessed here:  Jeremiah Benjamin – Ghana

 

Zakayo Mngulu’s winning essay from Tanzania presents a thorough analysis of the public policy exception under the New York Convention, particularly in relation to international commercial arbitration. The essay is well-structured, featuring a clear introduction, body, and conclusion that guide the reader through the argument. Mngulu’s analysis is commendable for its depth, particularly in contrasting restrictive and broader interpretations of public policy. The essay effectively references relevant legal texts and cases, providing a strong foundation for the arguments made. Mngulu’s ability to articulate the implications of the public policy exception for Tanzania’s arbitration landscape is particularly impressive, as it highlights the importance of aligning national laws with international standards. The conclusion effectively reiterates the significance of a restrictive application of the public policy exception while suggesting actionable recommendations for Tanzanian courts and policymakers. Overall, Mngulu’s essay demonstrates a strong understanding of the topic, effective use of evidence, and a clear presentation of ideas, solidifying its status as a deserving winner of the competition.

 

The essay can be accessed here: Zakayo Aamwel Mngulu, Makumira University, Tanzania