Africa-Press – Angola. The initiative is from the OAA, and Angola is ‘recovering ground’ in terms of arbitration. South Africa, Morocco, Egypt and Rwanda are at the forefront. One of the aims is to circumvent the slowness of courts in resolving disputes.
The Angolan Bar Association (OAA) is at the origin of an independent arbitration center to circumvent the slowness of courts in resolving disputes.
The Arbitration Center is a faster and more efficient alternative means of resolving disputes and represents a step towards modernizing the justice system, contributing to reducing the burden on the courts, and providing faster and more technically qualified access to justice, particularly in commercial and business areas.
Angola is one of the countries that does not have an Independent Arbitration Center. At the forefront are South Africa, Morocco, Egypt and Rwanda, whose centers are internationally recognized.
Although the slowness of Angolan courts is one of the main obstacles to effective justice, José Luís Domingos, president of the OAA, believes that the country is “recovering ground” in terms of arbitration compared to other African states.
“Better late than never”, argues the president, who believes that the national political and legal context may not have been mature enough to accept a truly independent centre. “With the reform of the justice system under discussion and the growing participation of the private sector, the moment may be more opportune”, says José Luís Domingos, who, in his view, the delay in relation to other countries can be compensated for by a robust, technical and internationalised start.
State Extrajudicial Center
The country has an Extrajudicial Dispute Resolution Center (CREL), an executive service of the National Directorate for Dispute Resolution of the Ministry of Justice and Human Rights, dedicated to resolving conflicts through self-composition and consensual mechanisms, expressed in the will of the parties outside the courts.
According to José Luís Domingos, the existence of a state center does not prevent the OAA from needing independent and professional centers, such as one from the Order.
“The involvement of the OAA brings with it a perception of impartiality, technical competence and autonomy in the face of political power, factors that increase credibility among investors and economic operators”, he emphasizes.
Furthermore, he explains, private arbitration is, by nature, a complementary and non-competitive mechanism to state justice.
“The plurality of centers, especially with the seal of an institution like the OAA, enriches the justice ecosystem”, justifies the president, in an allusion to the fact that the OAA has a public and constitutional mission to defend citizens’ rights and improve access to justice.
“By leading this process, the OAA reinforces its role as a guardian of the rule of law and a promoter of effective solutions to problems within the judicial system. The slowness of the state justice system and the difficult access to justice in rural areas make arbitration an urgent and necessary solution,” he notes.
Decentralization of justice The creation of arbitration centers can contribute to the decentralization of justice in Angola.
Referring to arbitration as a solution to judicial delays, the official says it can allow greater access to justice in rural communities.
Independent arbitration, he emphasizes, also allows for the rapid and private resolution of disputes, the participation of experts in the subject matter of the dispute, procedural flexibility and a focus on results.
In his view, the creation of reliable institutional centers with well-trained arbitrators not only contributes to increasing the confidence of citizens and companies in the system, but also ensures transparency and impartiality and makes Angola a regional arbitration hub, “if there is a strategic commitment.”
Meanwhile, the OAA will hold the 1st Arbitration Congress in Angola on the 17th of this month, in collaboration with the Commercial Arbitration Center of Portugal. The event, which will train the first 30 arbitrators for the OAA center, should establish solid internal regulations, ensure transparency in proceedings, establish physical and technological infrastructure, and conduct awareness campaigns among civil society and businesspeople about the benefits of arbitration.
Divergent opinions
The announcement of the creation of an OAA arbitration center raises several interpretations.
Legal expert Rui Verde, for example, believes that the direct link between arbitration and the entity responsible for regulating the legal profession, with the delegation of state powers, could compromise the perception of neutrality, making the mechanism less attractive to those seeking fair and balanced solutions outside the courts.
It argues that the OAA’s actions as manager of an arbitration center generate a potential conflict of interest.
The jurist cites, as a paradigmatic example of the risks of poorly regulated arbitration, the scandal involving João Álvaro Dias at the University of Coimbra, in Portugal.
It indicates that, between 2002 and 2006, the jurist created fictitious centers such as Projuris, through which he issued forged sentences favorable to his clients, without any legal basis.
“These decisions were used to defraud the tax authorities, conceal assets, and force seizures, leading to his conviction of five years and six months in prison for aggravated forgery and qualified fraud,” he stated.
He warns that care must be taken with the privatization of justice.
“What we want in Angola is a justice system that works for everyone, not a justice system for the rich, limited to a few, using extra-legal instruments. The focus should be on official justice,” he advises. Frederico Batalha disagrees with Rui Verde and considers the initiative an opportunity for the country, which constantly strives to project to the world the image of having a good business environment, deserving of the benefits of an arbitration center.
“This is an initiative that can encourage and support the attraction of investment and financing, especially foreign investments,” he praises.
In his view, the creation of an Institutionalized OAA Arbitration Center will bring to the Angolan scenario another tool for extrajudicial conflict resolution.
José Rodrigues, another jurist, emphasizes that arbitration courts incorporate party participation into their constitution for dispute resolution, given their flexibility and autonomy. However, he emphasizes that these courts do not replace state courts, which are dedicated to resolving conflicts in social life.
“The difference between the arbitration court and the state court lies in the fact that decisions require approval from the latter to grant them recognition and make the decision enforceable,” he clarifies.
José Rodrigues has no doubts when he states that the OAA Arbitration Center should give investors greater confidence, especially when they are negotiating with the State or private parties.
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