The high cost of litigation and arbitration has become a global phenomenon. Filing of claims has become expensive such that impecunious claimholders may be deprived of access to justice due to the prohibitive cost of litigation and arbitration. Even companies with deep pockets are now seeking innovative ways of managing the costs of their disputes. Also, one of the important considerations by prospective investors looking to do business in Africa is the proper understanding of litigation and arbitrations costs, as well the factors that contribute to the increase in costs. It is against this backdrop that the Africa Arbitration Academy and the African Legal Support Facility have launched this Survey to evaluate the cost of disputes in Africa and identify the different initiatives or models that should be introduced by governments and institutions to make dispute resolution affordable and accessible to all.

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* 1. How do you describe yourself?

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* 2. Which jurisdiction (country) are you from?

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* 3. What are the main considerations when negotiating dispute resolution clauses? (choose applicable options)

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* 4. What is the typical cost of litigation (excluding counsel fees) in your jurisdiction for claims below USD$100,000? 

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* 5. What is the typical cost of litigation (excluding counsel fees) in your jurisdiction for claims above USD$100,000?

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* 6. What is the typical cost of litigation (excluding counsel fees) in your jurisdiction for claims above USD$1,000,000?

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* 7. What is the typical cost of arbitration (excluding counsel fees) in your jurisdiction for claims below USD$100,000?

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* 8. What is the typical cost of arbitration (excluding counsel fees) in your jurisdiction for claims above USD$100,000?

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* 9. What is the typical cost of arbitration (excluding counsel fees) in your jurisdiction for claims above USD$1,000,000?

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* 10. Is legal aid available in your jurisdiction?

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* 11. What other funding options are available for litigation and arbitration in your jurisdiction?

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* 12. If you have a meritorious claim but without funds to prosecute the claim, which of these funding types will you consider?

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* 13. Is third-party funding legally regulated and commonly used in your jurisdiction?

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* 14. Has COVID-19 impacted the litigation and arbitration costs in your jurisdiction?

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* 15. What is the average duration of legal proceedings in your jurisdiction in Court cases?

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* 16. What is the average duration of legal proceedings in your jurisdiction in Arbitration?

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* 17. Is institutional arbitration more costly than ad hoc arbitration?

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* 18. What are the factors that drive up costs in your jurisdiction - in litigation?

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* 19. What are the factors that drive up costs in your jurisdiction - in arbitration?

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* 20. In which sectors are disputes most expensive?

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* 21. Are litigation and arbitration costs generally proportionate to the value in dispute?

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* 22. Does delay in court proceedings have an impact on litigation costs - in your jurisdiction?

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* 23. Do you consider mediation as a cheaper and viable alternative to litigation and arbitration?

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* 24. Does the system of hourly billing contribute disproportionately to litigation or arbitration costs?

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* 25. Does the lack of subject-matter expertise of judges impact litigation costs?

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* 26. What type of costs are typically granted by courts and tribunal? (choose applicable options)

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* 27. What are the key costs-saving measures that can be introduced to make dispute resolution in Africa cost-efficient? (choose applicable options)

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* 28. Breakdown of legal fees – (please add the percentage of overall legal fees based on your experience) - Completion of exchange of written pleadings/memorials (%) Discovery (%) Fact witness (%) Expert witness (%) Hearing preparation (%) Hearing; Post-hearing (%)

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* 29. Which jurisdictions in Africa will you consider as the most cost efficient for international arbitration? (please list up to three jurisdictions and state why in no more than 200 words)

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* 30. Please provide us with any additional information that you feel is relevant to litigation or arbitration costs in Africa. (Please explain in no more than 200 words)

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