The problem of determination of arbitrability under Rwandan Law

Abstract

In this article, the author explores the issues pertaining to determination of arbitrability under Rwandan law. In the process of arbitration proceeding the question of arbitrability is of utmost importance because arbitrability determines asto what matter can or cannot be arbitrable. Ifthe subject matter is notfound to be arbitrable,the arbitration agreement remains without effect.

The first issue to explore is the lack of specific criteria to determine whether a matter is or is not arbitrable under Rwandan law. The second issue relates to the appropriateness of having a law with limitation to commercial matters versus having a law on arbitration in general. Lastly, there is a debate on the competent court in the first place to determine the issue of arbitrability between states’ court and arbitral tribunal. In a bid to fully analyse these underlining issues and recommend possible solutions to fill identified gaps, on the one hand, this article critically and comparatively analyses Rwandan, foreign and international arbitration legal texts. On another hand, the article examines how Rwandan and foreign courts have dealt with matter of arbitrability.