Upgrading Alternative Dispute Resolution and Commercial Dispute Resolution in Botswana

Validation meeting 25th July 2024
2 August 2024 by
Upgrading Alternative Dispute Resolution and Commercial Dispute Resolution in Botswana
JCIC

The Alternative Dispute Resolution, Commercial Dispute Resolution, and Investment Law (ADR-CDR-IL) is a significant initiative aimed at enhancing Botswana's business environment.

The JCIC ADR-CDR-IL component has achieved three primary objectives. First, it reviewed and benchmarked Botswana’s current judicial framework for commercial dispute resolution, by preparing a feasibility study for the potential establishment of a dedicated commercial court in Botswana. This involved extensive consultations with stakeholders, including the Ministry of Trade and Industry (MTI), the Administration of Justice (AoJ), and the Botswana Investment and Trade Centre (BITC).

Second, it assessed Botswana’s framework for alternative dispute resolution, specifically arbitration, to meet international standards. Third, it supported the formulation of an Investment Law for Botswana, incorporating international best practices.

The project was structured into several phases, each with specific activities and deliverables, which culminated to the design phase of the project which involved creating feasibility and design reports for establishing a commercial court and upgrading ADR legislation.

The ADR-CDR-IL component of the JCIC project is crucial for improving Botswana’s legal framework for commercial and alternative dispute resolution and for creating a robust investment climate. By aligning with international standards and best practices, this initiative aims to foster a more conducive environment for business and investment.