The Rise Of The African Specialist Arbitrator & Expert In Technology And Artificial Intelligence

It is 2026, and it is clear to all by now that Technology and AI are fast reshaping every facet of life, business dispute resolution practices included. Every other ADR webinar, conference, or article is concerned with the growing pressure on ADR stakeholders to effectively understand, test and trust complex technical evidence, such as code, data, and AI systems.

Growing Arbitration Hubs in Africa and the Need for Specialist Arbitrators

The evolving legal landscape, combined with the proliferation of digital business activity, including virtual assets, cryptocurrencies, digital currencies, and emerging digital rights recognition for creatives, and corresponding disputes, makes it imperative that specialist arbitrators and experts are cultivated in African jurisdictions to meet the growing demand of the business sectors.

Jurisdictions such as Nigeria and Kenya are becoming increasingly pro-arbitration-friendly as part of the drive to increase the popularity of African seats. Nigeria’s recent legislation, the Arbitration and Mediation Act 2023, significantly modernises the ADR framework. In Kenya, the primary legislation governing arbitration remains the Arbitration Act, 1995 (Cap. 49), supported by the Mediation Act, 2016. It is noteworthy that Kenya is in the process of updating its arbitration laws to align with international standards such as the UNCITRAL Model Law; however, these existing statutes already provide a solid foundation for arbitration practice.

I was honoured to be invited to speak earlier in 2026 at the Nigerian Institution of Chartered Arbitrators (NICarb) as part of a panel discussion called “The Specialist Arbitrator,” where I shared insights from my work as an arbitrator and mediator in sports disputes. There is a strong case that we can make for encouraging specialisation in arbitration. It benefits the business industry and signals trust and understanding. It is now time to raise awareness and intentionally develop specialist African arbitrators that are equipped to handle technology and AI disputes, considering the ubiquitous nature of digital activity today. The increasing complexity of digital disputes demands arbitrators who can navigate these highly technical fields with confidence.

The Critical Role of Technical Experts

We need to begin to emphasise the critical role played by experts. Experts bring indispensable support to the arbitration process by interpreting complex technical evidence such as source code, system configurations, and AI outputs. Their expertise ensures that the tribunal can meaningfully understand the evidence presented.

The need for experts who can analyse, interpret, and explain technical material simply will only increase as digital disputes grow in volume and complexity. Experts help preserve the integrity of evidence, such as digital footprints and provide clarity on whether source code meets contractual specifications or has been misappropriated or tampered with.

Procedural Adaptations and Challenges

Traditional arbitration rules were originally designed with document-based evidence in mind and often fall short in tech-heavy disputes. Early case management conferences to define evidence protocols, confidentiality safeguards, and expert involvement become vital. Techniques such as “hot tubbing,” where experts jointly discuss and clarify technical issues, and the creation of glossaries help streamline communication and understanding.

Confidentiality remains a paramount concern, given the sensitive nature of code and digital assets. Arbitration practitioners must carefully craft protective orders and ensure secure handling of evidence to protect clients’ “crown jewels.”

The Black Box Challenge and AI Tools

AI’s “black box” nature can prove tricky in disputes, especially where outcomes cannot always be explained or replicated (for instance, with vibe-coded material). This can present unique evidentiary challenges. While AI tools can assist arbitrators in managing vast datasets, the challenge lies in the interpretation of technical data when a non-technical arbitrator becomes unsure of what data to look at or what to search for in the first place; this is the point at which experts lend their expertise during discovery in arbitration proceedings. Arbitrators involved in technically advanced disputes involving algorithms will need to rely heavily on expert testimony rather than automated AI analysis to assess causation and reliability.

Conclusion

As popular African business hubs like Egypt, Ghana, South Africa, Nigeria and Kenya continue to grow and expand in areas of e-commerce, the online creative sectors, etc. stakeholders within the business dispute resolution sector must not forego the development of specialist arbitrators and technical experts to support this growth. Access to justice is a fundamental part of stable jurisdictions. This growth should be intentional and supported by education, awareness, and robust procedural frameworks.

The overall impact on technology and AI in arbitration generally means; increased participation and scalability in international trading, expeditious execution of business plans, easier cross-border transactions and most importantly, more efficient commercial dispute resolution.

Businesses that adapt early to legal technology and AI-assisted dispute management are likely to gain a competitive advantage in Africa’s evolving commercial environment.

Only through such concerted efforts can arbitration remain effective and relevant in the face of evolving challenges.