Arbitration Institutions in Africa Conference 2015

162 Pages·2015·7.99 MB·English

by  C Djumpah

Arbitration Institutions in
Africa Conference 2015
Thursday 23 July 2015

The Role of Arbitration
Institutions in the

Development of
Arbitration in Africa

African Union Commision

New Building
Addis Ababa

Ethiopia
TABLE OF CONTENTS

1 Programme 3
2 Principal Organisers and Funders of the Conference 4
3 Group photo 5
4 Speakers Profiles 6
5 Discussion Paper 20
Key Article by Dr Emilia Onyema
6 • Regional Arbitration Institution for ECOWAS: Lessons from 27
OHADA Common Court of Justice and Arbitration
Session 1: The Role and Functions of Arbitration Institutions in the
7 African Continent 49
 Panel 1a: Regional Arbitration Institutions/Centres
8 Africa ADR by Deline Beukes 51
9 Lagos Regional Centre by Hon. Wilfred Ikatari 57
Kigali International Arbitration Centre: A Regional Choice for global
10 63
Dispute Resolution. A paper presented by Bernadette Uwicyeza
Session 1: The Role and Functions of Arbitration Institutions in the
11 African Continent 67
 Panel 1b: National Arbitration Institutions/Centres
Role and Functions of the Ghana Arbitration Centre by Emmanuel
12 68
Amofa
Lagos Court of Arbitration International Centre for Arbitration and
13 79
ADR by Megha Joshi
14 LCIA-MIAC by Duncan Bagshaw 85
Zambia Centre for Dispute Resolution Limited By Justice Charles
15 95
Kajimanga
16 Panel 2: The Expectations of Users from the Institutions 96
17 Users Perspective by Leyou Tameru 97
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18 Users Expectations from Arbitral Institutions by Kamal Shah 102
“Africa’s Century” – The rise of International Arbitration in Africa
19 and what it means for users of Arbitral Institutions in Africa by Dr 104
Stuart Dutson
Reawakening Arbitral Institutions for Development of Arbitration
20 111
in Africa by Dr Kariuki Muigua
21 Panel 3: Projecting Arbitration in Africa 129
Opening Up International Arbitration in Africa by Hon. Justice
22 130
Edward Torgbor
Africa as a viable Space for Arbitration: Role of National Courts and
23 141
Laws by Dr Emilia Onyema
The Role of Counsel in Promoting African Arbitral Institutions by
24 148
Babatunde Fagbohunlu, SAN
25 List of Tables (Appendix) 150
26 List of Participants 154
27 Extract of Feedback from Delegates at the Conference 156
28 Final Report on the Conference by Dr Emilia Onyema 158

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The Role of Arbitration Institutions in the Development of Arbitration in
Africa, African Union Commission, Addis Ababa, Thursday 23 July 2015
Programme

0900-0930: Registration and welcome
0930-0955: Formal welcome by Prof Vincent Nmehielle, General Counsel, AU Commission
1000-1025: Introduction by Dr Emilia Onyema (co-convenor of the conference)
1030-1300: Session 1: The Role and Function of Arbitration institutions in the continent.
1030-1145: Session 1a: Regional Arbitration Institutions/Centres (chair: Ms Alexandra Meise, Foley Hoag LLP)
• AFSA/Africa ADR (Ms Deline Beukes)
• Lagos Regional Centre (Hon. Wilfred Ikatari, Director-General)
• Kigali Centre (Mrs Bernadette Uwicyeza, Director-General)
• OHADA CCJA (Mr Narcisse Aka, Secretary, Arbitration Centre)
1145-1200: Tea/Coffee Break
1200-1320: Session 1b: National Arbitration institutions (chair: Chief Bayo Ojo, SAN; Founder, ICAMA)
• Ghana Arbitration Centre (Emmanuel Amofa, Director)
• Lagos Court of Arbitration Centre (Ms Megha Joshi, Director-General)
• LCIA-MIAC (Mr Duncan Bagshaw, Registrar)
• Addis Ababa Chamber of Commerce & Sectoral Associations (Mr Yohannes Woldegebriel,
Director)
• Zambia Centre for Dispute Resolution Limited (Justice Charles Kajimanga)
1320-1430: Lunch
1430-1600: Session 2: Expectations of users from the institutions (chair: Prof Paul Idornigie, NIALS)
• Mr Jimmy Muyanja, Muyanja & Associates, Kampala
• Ms Leyou Tameru, Ethiopia
• Mr Kamal Shah, Partner, Stephenson Harwood, LLP London
• Dr Stuart Dutson, Partner, Eversheds LLP, London
• Dr Jimmy Kodo, CCJA, Abidjan
• Dr Kariuki Muigua, Nairobi
1600-1615: Tea/Coffee Break
1615-1730: Session 3: Projecting arbitration in Africa (chair: Prof Fidelis Oditah, QC, SAN)
• Judge Edward Torgbor, Nairobi
• Dr Emilia Onyema, SOAS, London
• Mr Tunde Fagbohunlu, SAN, Partner, Aluko & Oyebode, Lagos
• Mr Brett Hattaway, GC, DHL (Africa/ME)
1730-1745: Remarks by Rapporteur: Dr Jean Alain Penda, PwC LLP, London
1745-1800: Closing Remarks by Judge Edward Torgbor (co-convenor of the conference)
1930: Dinner at Hilton Hotel Addis Ababa. After dinner speech by Chief Bayo Ojo, SAN (ICAMA)
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Principal Organisers and Funders of the Conference

SOAS University of London Team
Organiser/convenor: Dr Emilia Onyema, PhD, FCIArb, School of Law, SOAS, University of London.
Co-convenor: Judge Edward Torgbor (Kenya).
Rapporteur: Dr Jean Alain Penda, Consultant, PricewaterhouseCoopers LLP, London.
Administration: Ms Christine Djumpah and Mrs Juliet Ssentongo, School of Law, SOAS, University of London.

Ambassador Catherine Muigai Mwangi, Kenyan Ambassador to Ethiopia

African Union Commission Team
Prof Vincent O. Nmehielle, General Counsel.
Ms Chinonyelum E. Uwazie, Legal Office.
Ms Fikerte Bekele, Administrative Assistant.
Ms Lami Omale, Legal Intern.
Mr Abiy Assefa, Administrative Assistant.

Financial Sponsors
Faculty of Law & Social Sciences, SOAS, University of London
International Centre for Arbitration and Mediation Abuja (ICAMA)
Stephenson Harwood LLP, London
Foley Hoag LLP, Washington D.C
Lagos Chamber of Commerce International Arbitration Centre (LACIAC)

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Group Photograph of Delegates at the African Union Commission
23 July 2015
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3. Speakers Profiles
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Mr. Narcisse Aka
MR. NARCISSE AKA is the Secretary General of the Arbitration Centre of
the Common Court of Justice and Arbitration (CCJA) of OHADA and a
trainer in arbitration law at the Higher Regional School of Magistracy of
OHADA (ERSUMA) in Porto Novo, Benin, and expert for various
institutions including the Office International Labour Organisation (ILO)
and the International Development Law Organisation (IDLO). Former
Magistrate, former trainee at the International Court of Arbitration of the
ICC, he was also Secretary General of the Court of Arbitration of Ivory
Coast near the Chamber of Commerce and Industry of Côte d’Ivoire
(CACI). Narcisse is also referee in several institutional arbitrations and ad
hoc. Narcisse Aka is author of several publications on arbitration,
including the commentary to OHADA Uniform Act on arbitration law,
practice and institutions in Africa.
Mr. Emmanuel Amofa
MR. EMMANUEL AMOFA is a Partner of Hagan Law Company and
Administrator of the Ghana Arbitration Centre since its incorporation in
1996. His expertise and interest include Corporate Law, Investment Law
and Negotiation, Civil Litigation, Land Law, International Commercial Law,
International Business Transactions, Negotiation of Commercial
Transactions, Arbitration and Mediation, Petroleum and Energy Law,
Legal Sector Reform, Privatisation and Banking Law. He graduated as a
Barrister-at-law from the Ghana School of Law, where he was awarded
the B.J. da Rocha prize for the Best Student in Advocacy and Legal Ethics.
In 1996 and 1997, he was awarded Certificates by the Ghana Stock
Exchange and the International Legal & Investment Consultants Limited
after successfully attending seminars on Foreign Investment Negotiations
and Negotiating, Contractual Arrangements Relating to Foreign
Investments respectively and in 2003, awarded a certificate in
International Commercial Arbitration by the International Law Institute,
Washington, DC and Georgetown University, Washington, DC. He is a
lecturer in Alternative Dispute Resolution at the Ghana School of Law. He
is the country contributor for Ghana on contemporary law on arbitration
in Ghana published in Arbitration in Africa: A Practitioner’s Guide, Kluwer
Law International, 2013.
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Mr. Duncan Bagshaw
MR. DUNCAN BAGSHAW is a barrister, called to the Bar in England and
Wales in 2003. He is a Member of the Chartered Institute of Arbitrators.
Duncan practised at the Bar in the fields of commercial and property
litigation and arbitration for eight years until 2012 when he was
appointed as the first Registrar of the LCIA-MIAC Arbitration Centre. LCIA-
MIAC is an independent arbitral institution based in Mauritius. It receives
support from the London Court of International Arbitration, including
administrative support and knowledge of arbitrators. As Registrar of LCIA-
MIAC, Duncan is responsible for the administration of cases and for
developing and promoting LCIA-MIAC. Duncan has travelled extensively in
Africa to meet governments, lawyers and companies, and has spoken and
written extensively on arbitration in Mauritius, Africa, Europe and Asia.
Duncan has lectured at the Universities of Cape Town, Tsinghua (Beijing)
and Wolverhampton (UK).

Mrs. Deline Beukes
MRS. DELINE BEUKES, a Senior Executive based in Johannesburg,
acquired extensive experience in the planning and execution of marketing
and advertising campaigns for leading national and international
companies. From 1992 to 2006 she held the position of Chief Executive
Officer of the Advertising Standards Authority of South Africa. Deline
served on various industry committees as well as legislative advisory
groups within South Africa and represented South Africa at the European
Advertising Standards Alliance in Europe from 1995 to 2006. Under her
leadership South Africa was awarded the Best Practice Award for
Advertising Self-Regulation in Paris in 2003. She served on the
International Steering Committee for Global Self-Regulation. In 2003 she
received the Rapport/City Press Award in recognition of being one of
South Africa’s inspirational women achievers. She served as a judge in the
Woman of the Year Awards for a period of five years. From 2007 to date
she has acted as the liquor industry’s Independent Arbitrator for the
resolution of disputes in terms of the Code of Commercial
Communication for the Industry Association for Responsible Alcohol Use
(ARA).In 2009 she was appointed by the Arbitration Foundation of
Southern Africa (AFSA) as Executive Director of Africa ADR. She also

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Dr. Stuart Dutson
DR. STUART DUTSON specialises in international arbitration, international
litigation and international law. Stuart lived and worked in Lilongwe 2000
– 2001 as Malawi’s State Advocate. He spent 2013 living in Addis Ababa
focusing on international arbitrations in relation to emerging markets and
he leads Eversheds’ Africa Disputes Practice. Eversheds has 37 offices and
affiliates in over 39 countries across Africa. He has conducted arbitrations
under all major arbitration institutions' rules in London, Europe, the
Middle East and Africa; and Stuart has litigated international disputes in
London, Australia, Europe, New York, Africa and the Middle East. Stuart
has written numerous articles on international arbitration and private or
public international law including in the Law Quarterly Review, Nigeria
Law Digest, Modern Law Review, International Comparative Law
Quarterly, and International Arbitration. He is regarded by Chambers &
Partners and Legal 500 as a leading individual in both international
arbitration and international law. Stuart has a PhD from Cambridge
University in private international law and is a former member of the ICC
Court of International Arbitration.
Mr. Babatunde Fagbohunlu SAN
MR. BABATUNDE FAGBOHUNLU is a partner and head of the Litigation,
Arbitration and ADR Practice Group in Aluko & Oyebode. In December
2008, Tunde was conferred with the rank of Senior Advocate of Nigeria
(SAN) by the Nigerian Legal Practitioners Privileges Committee. He
regularly represents Nigerian as well as foreign and multinational clients
in Ad Hoc arbitrations and arbitrations administered by arbitral
institutions. Tunde has also served on the Federal Government of
Nigeria’s Committee on the Reform and Harmonization of
Arbitration/ADR Laws. He is a member of the Nigerian Bar Association,
International Bar Association, The Body of Senior Advocates of Nigeria,
the London Court of International Arbitration (African Users Council), a
Fellow of the Chartered Institute of Arbitrators UK and a member of the
International Arbitration Institute (IAI) in Paris. His writings on arbitration
include: “Are Maritime Arbitration Clauses Valid?” – “The Arbitrator”, Vol
2, No 1, at pages 2 – 5.
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