Thabo Chakaka Nyirenda, former Attorney General of Malawi

Audrey Leonelle Sop for Lex Africana: You have been a champion of African-based arbitration, challenging the norm that disputes are always resolved in Western cities. During your tenure as Malawi’s Attorney General, you ratified the New York Convention, passed the International Arbitration Act, and launched the Malawian International Arbitration Centre. Based on your experience, what does it take to build trust in African arbitration institutions?

Thabo Chakaka Nyirenda: Having a legal framework is one thing; implementation is another. Legislation should not be merely symbolic. Having laws on international investment is not enough to attract investment, and the same applies to arbitration.

As you mentioned, we passed three reforms: the ratification of the New York Convention, the promulgation of the International Arbitration Act, and the creation of the Malawi International Arbitration Centre. But for trust to be built, it's not just about a set of laws. It requires investment in meeting the expectations of users. They expect a system that is predictable, efficient, professional, and fast. So we need investment in the secretariat and in the infrastructure that underpins arbitration.

Arbitration also does not stand in isolation. It depends on supporting institutions, the most important being the judiciary. If you have a judiciary that doesn't uphold the autonomy of arbitration or doesn't enforce awards, then the system is useless. It will not be trusted.

So it is not enough to reform arbitration law. We also need the systems to back it up.

How do you assess progress in reforming arbitration frameworks, not only in Malawi but across the African continent? What are the steps and challenges ahead?

Most African states have ratified the New York Convention. Some have modernised their arbitration laws and established arbitration centres. But most have started with the law, while the institutions themselves are either not yet established or not yet mature. The next step is building the systems that turn law into practice.