The President of the Mozambique Internationalization Commission of the Commercial Arbitration Centre, Gilberto Correia, argued that strengthening arbitration is one of the key factors in improving the business environment and attracting both domestic and foreign investment. He emphasized that arbitration offers companies a faster, more predictable, and more specialized way of resolving disputes.
Speaking to the media on the sidelines of the 4th International Arbitration Conference, the expert stated that arbitration is currently the most widely used method of resolving commercial disputes in developed markets due to its ability to meet the demands of the business world.
“Time is money, and arbitration meets the needs of businesses,” he said, adding that the timelines of the state judicial system do not always keep pace with the dynamics of modern commercial relationships.
According to Gilberto Correia, any country seeking to attract investment and stimulate economic activity must have efficient dispute-resolution mechanisms capable of providing legal certainty for investors and predictability in business operations.
In his view, although Mozambique has had arbitration legislation in force for nearly three decades, arbitration remained underutilized for many years, limiting the country’s potential to position itself as an attractive destination for foreign investment.
“Major international investors are accustomed to resolving disputes through arbitration. It is difficult to attract that investment when the only available alternative is recourse to state courts,” he observed.
Correia argued that Mozambique should gradually establish itself as an arbitration-friendly jurisdiction, both within the Southern African Development Community (Southern African Development Community) (SADC), the Lusophone world, and international markets, by adopting globally recognized best practices and strengthening the expertise of its professionals.
In this regard, he highlighted the work carried out over the past four years by the Mozambique Internationalization Commission, which has promoted international conferences and specialized training programs in partnership with Portugal’s Commercial Arbitration Centre.
According to Correia, the three editions of the intensive arbitrator training course have already equipped around 90 professionals with internationally recognized skills and standards.
“Our goal is to create a strong Mozambican arbitration community capable of inspiring confidence among national and international companies and ensuring a dispute-resolution system that is swift, efficient, and predictable,” he explained.
The expert also stressed that one of the priorities is to democratize access to arbitration so that it is not used exclusively by large corporations. In this context, he highlighted the expansion of labor arbitration across several provinces through mediation and arbitration centers, an initiative aimed at reducing pressure on labor courts and accelerating the resolution of employment disputes.
Gilberto Correia further emphasized that confidentiality is one of arbitration’s defining characteristics. Unlike court proceedings, arbitration cases are conducted privately, and decisions may only be disclosed publicly with the consent of the parties involved.
Despite this confidentiality, he assured that arbitral awards carry the same binding legal force as judgments issued by judicial courts.
He added that strengthening national expertise in arbitration is also strategically important for safeguarding Mozambique’s interests in international disputes. While major international arbitrations are usually conducted in third countries, the Mozambican state and local companies require qualified arbitrators, lawyers, and consultants to participate effectively in such proceedings and protect their interests.
The 4th International Arbitration Conference brought together national and international experts in Maputo to discuss the challenges, trends, and development opportunities for arbitration in Mozambique and across the Lusophone world.
About Arbitration
Arbitration can be understood as an alternative to court litigation for resolving disputes. Instead of turning to a state judge, the parties choose or agree to have their case heard by one or more independent arbitrators with expertise in the relevant subject matter.
In the labor sphere, arbitration enables disputes between employees and employers to be resolved in a manner that is generally faster, more flexible, and less bureaucratic than proceedings before ordinary courts.
Arbitral decisions have legal force and must be complied with by the parties, just like a court judgment. For this reason, arbitration has increasingly established itself as an important tool for ensuring the faster and more efficient resolution of labor disputes.
Text: Felisberto Ruco
