ECOWAS Court and African Union’s Dispute Settlement Mechanism Hold Benchmarking Meeting on Arbitration

Abuja, 26 May 2025 – The Community Court of Justice, ECOWAS and the African Union (AU)’s Dispute Settlement Mechanism (DSM) today held a high-level benchmarking meeting at the Seat of the Court in Abuja, Nigeria, focused on knowledge exchange and institutional collaboration.

The meeting provided a strategic platform for information sharing, particularly in the area of arbitration—one of the key mandates of the ECOWAS Court as articulated under Article 9(5) of the Protocol on the Court (as amended), which states: “Pending the establishment of the Arbitration Tribunal provided for under Article 16 of the Treaty, the Court shall have power to act as arbitrator for the purpose of Article 16 of the Treaty.”

Discussions during the session covered the potential development of a Memorandum of Understanding (MoU) between the two institutions. The Court and DSM also explored opportunities for joint initiatives, including capacity-building programmes, knowledge-sharing engagements, and the potential for case referrals—subject to the approval of the Court’s Rules of Arbitration by the ECOWAS Council of Ministers.

In an overview presentation on the Court, Mr Gaye Sowe, Acting Deputy Chief Registrar of the Court, highlighted the jurisdiction granted to the Court under Article 9(6) of the Protocol, which empowers the Court to hear matters where an agreement between two Parties includes a clause referring disputes to it.

He shared insights on the Court’s Electronic Case Management System (ECMS) enabling the digitalisation of its judicial and administrative processes for cost-efficiency and accessibility for both the Court and its users.

Dr Paul-Antoine Marie Ganemtore, Head of Secretariat of the DSM underlined the mandate, functions, and operational scope of the DSM in his presentation. He underscored the DSM ‘s broader competence in conciliation, mediation, and arbitration. He added that the DSM was established pursuant to Article 8 of the 1999 Yamoussoukro Decision relating to the liberalisation of access to air transport markets in Africa, to resolve disputes that may arise among the major stakeholders in the air transport industry.

Earlier in his remarks, Dr Yaouza Ouro-Sama, Chief Registrar of the Court, reaffirmed the Court’s readiness to collaborate with DSM in strengthening mechanisms for peaceful dispute resolution.

The benchmarking meeting was attended by a senior officer from DSM and some key staff members of ECOWAS Court, reflecting a shared commitment to institutional synergy and the advancement of alternative dispute resolution mechanisms within the ECOWAS region and Africa.