Disputes that may arise under African continental free trade area are governed by rules and procedures to dispute settlement protocol. The protocol contains 31 provisions that are arranged under different parts
The mechanism that is created under the protocol sets the stages or ways of settling disputes that arises among state parties and bodies that are responsible for resolving these disputes among the disputants.
Among the stages of the dispute settlement process the first step is consultation where state parties try to resolve their dispute by consulting. If the consultation fails to resolve the dispute the second step will be establishing a panel that will investigate the matter and prepare its report for adoption to the dispute settlement body. Any party that is not satisfied with the adopted decision can appeal to the appellate body which is the last body to entertain cases under the mechanism. Parties are obliged to be abide by the decision of the appellate body
The protocol also provides alternative dispute settlement mechanism to settle disputes these are good offices, conciliation, mediation and Arbitration. State parties besides the formal procedure of settlement of dispute can avail themselves these alternative ways at any time.
Parties to the dispute can use good offices, conciliation and mediation any time even after taking adjudicative stages (after the establishment of panels and filling appeal). Arbitrations on the other hand cannot be under taken any time there process is designed by the parties they agree the procedures and select the arbitrator. The protocol doesn’t have any detailed provision on arbitration.
Dispute settlement body which is established to ensure the implementation of the provisions of the protocol is composed of the representatives of every state party. It establishes the working procedures of the mechanism, adopts the reports of the panels, the appellate body and follow up the implementations of the decision
