Construction Industry Arbitrators Admit Four SANs, Others, as New Fellows, Members
Four Senior Advocates of Nigeria (SAN) were among those who were inducted last Friday, as Fellows of the Institute of Construction Industry Arbitrators (ICIArb).
These Senior Advocates among the eleven members inducted as Fellows of the Institute are, Professor Andrew Chukwuemerie, SAN, Professor Offornze Amucheazi, SAN, Dr. Adewale Olawoyin, SAN and Mr. Ayodele Akintunde, SAN.
Others, who are mostly legal practitioners, are Mrs. Roseline Nwosu, Mrs. Yinka Kolade, Dr Ifeoma Nwafor, Mr. Uchenna Orakwue, Mr. Kembi Gabriel, Mr. Robinson Omomia and Mr. Pachal Madu.
The new members admitted at the Institute’s 2020 Fellow Investiture and New Members Induction, which held at Westwood Hotel, Ikoyi, Lagos include, Mr. Joseph Kikiowo, Mr. Kenneth Onyema, Prince Rotimi Ogunleye, Mr. Orojinmi Niran and Mr. Olayinka Davies.
The Institute is a professional Arbitration Body in the construction industry, which specialises in providing a one-stop shop for the resolution of disputes in construction contracts through arbitration, mediation, conciliation, negotiation, meditative conciliation and other methods of alternative dispute resolution (ADR) mechanisms.
Established in 1993 and registered by the Corporate Affairs Commission (CAC) under the Company and Allied Matters Act (CAMA) as a non-governmental and nonprofit making organisation, its membership cuts across the building professionals, which include, Engineers, Quantity Surveyors, Estate Surveyors and Valuers, Town Planners, Builders, Architects and Lawyers.
Speaking during the investiture, Mr. Kola Awodein, SAN, President and Chairman of Council, decried the rate at which nominated and appointed arbitrators compromise and undermine the integrity of arbitral process in the conduct of arbitration generally in the country, adding that, it has become disturbing and worrisome to say the least.
Awodein, who was represented by the President elect of the institute, Felix Okereke-Onyeri said the Institute is poised to free the construction industry from protracted litigation and uncertainties inherent in construction related disputes, through innovative and tailor-made dispute resolution strategies.
He said it has therefore, become necessary for Lawyers involved in arbitration in the construction industry, to ensure that “the brand reflects the professionalism and service that has been our legacy for nearly three decades”.
“Let me seize this opportunity as the outgoing President of this dynamic
Institute to state very clearly and firmly that, it is imperative for all existing Fellows and Members to know that ICIArb is built on, and has endeavoured to maintain a firm principle of integrity and professional ethics.
“Every member irrespective of status, is mandated and has a duty to adhere to high standard of professional ethics as laid down in the Institute’s Code of Conduct and Ethics, as well as by various professional bodies that each member belongs to, especially in the conduct of arbitration disputes”, Awodein stated.
He charged Lawyers involved in arbitration in the construction industry, to be diligent, as sanctions will henceforth be meted out to erring ones by the Institute of Construction Industry Arbitrators.
According to him, aside from disciplining erring members, the Institute will also report such erring members to all professional and statutory bodies, that can discipline them.
The ICIArb President said in many cases, such arbitrators, knowing that relationships they have with either counsel or the parties are such as to disqualify them from accepting nominations or appointments as their independence is called into question, still unethically refuse or decline to disclose such relationship or to recuse themselves.
He cited a case decided at the Lagos High Court, number LD/1910/2017 involving Global Gas and Refinery Limited v
Shell Petroleum Development Company (SPDC) in which judgement was delivered on February 25, 2020.
He said the trial Judge set aside an arbitral award on the ground of misconduct by the chairman of the arbitral panel, because it was grounded in bias.
“There was apparently established by evidence in that case, that there was such disqualifying relationship between the President of the arbitral panel and one of the parties, as well as between the counsel to one of the parties and some members of the arbitral panel.
“The judgement infers that, the least professionalism and ethics required of the said President, was to disclose the relationship to the other party and recuse himself, in the event that the other party objects to his appointment”, he said.
Secretary of the Institute, Emmanuel Dike, in his address, stressed the need for continuous professional development for fellows and members of the Institute.
Dike encouraged them to attend courses by other professional bodies that may enhance their skills and competence, such as those of Nigerian Bar Association (NBA), Nigerian Institute of Architects, the Nigerian Society of Engineers, the Nigerian Institute of Quantity Surveyors, among others.
“Construction involves immense multidisciplinary and inter-disciplinary activity, governed by layers of simultaneous contractual relationships. An understanding of the technical principles for the purpose of dispute resolution, provides an edge to the professional equipped with the relevant skill set.
“Admission to this prestigious body is therefore, an opportunity to join the league of successful sought after arbitrators”, he said.