2018 CIArb Conference

Adedoyin Rhodes-Vivour, CIArb

It gives me great pleasure to welcome you on behalf of the Chartered Institute of Arbitrators Nigeria Branch, to the 2018 Annual Conference. The Chartered Institute of Arbitrators, is the internationally recognised home of Alternative Dispute Resolvers. Our Institute, an international organisation with branches in over 133 countries of the world, is considered worldwide as conferring the gold standard in arbitration education and training. Our qualifications are a mark of distinction in the field of ADR, our ethics regulated by the CIArb Code of Conduct. The Institute is eminently regarded as the world’s leading centre of excellence, for the promotion and facilitation of dispute resolution. The Institute collaborates with professional organisations worldwide, in its mission to spread the gospel of arbitration and ADR, and assist parties resolve their disputes expeditiously and effectively.

The Chartered Institute of Arbitrators was established over a hundred years ago in 1915, to provide a membership organisation for arbitrators, with a view to raising the status of arbitration to the dignity of a distinct and recognised position as one of the learned professions. The vision of its founding fathers has been actualised, and today the Institute has a growing membership composed of 15,000 members across 133 countries, and supported by an international network of 38 Branches across all six continents of the world. There are five branches in Africa: Kenya, Mauritius, South Africa, Zambia and the Nigeria Branch. Our Institute does not compete with other arbitral bodies, we collaborate and work with arbitral institutions with similar objectives, in the interest of promoting arbitration as the preferred means for dispute resolution.

The Nigeria Branch

The Nigeria Branch, is one of the global body’s fastest growing branches. The Branch was granted Branch status by headquarters in 1999, nearly 20 years ago. Presently, the Branch has Chapters in Abuja and Port Harcourt. Chapters provide our members with additional localised and socialising opportunities, in pursuit of our mission to spread the gospel of arbitration and ADR. Our growing membership of 1,173 members, avails users a choice of highly trained and experienced alternative dispute resolvers of international repute. Our members are represented on the major international arbitration institutions and organisations....Our Branch is committed to advocating a conducive environment in our jurisdiction, for the practice of alternative dispute resolution. We continue to play a pivotal role in advocating for the reform of the legal framework for arbitration in Nigeria, with a view to having an up to date legal framework. We work with our legislature and other stakeholders, on the reform of the Nigerian Arbitration and Conciliation Act (ACA). The ACA, enacted in 1988, is modelled on

The Chartered Institute of Arbitrators, focuses on education and training. The work of the African Branches in building capacity on the Continent through the Chartered Institute’s qualitative training, has received various commendations. the 1985 UNCITRAL Model Law and the 1976 Arbitration Rules. It is imperative to introduce a modern statute based on the 2006 UNCITRAL Model Law and the 2010 UNCITRAL Arbitration Rules, thus, further bringing Nigeria into the realm of countries with an up to date legal framework.

Following the efforts of the Stakeholders Committee (an initiative of the Branch), the National Assembly Business Environment Roundtable (NASSBER) invited members of the arbitral community composed of various members of the Nigeria Branch and representatives of other arbitral organisations, to a working group on the reform of the Arbitration and Conciliation Act, 1988. On the 1st day of February, 2018, the Senate passed the Arbitration and Conciliation Act CAP A18 LFN 2004 (Repeal and Re-enactment) Bill 2018 and forwarded the Bill to the House of Representatives for concurrence. Though there are still legislative and executive steps to be taken before the law is passed, this indeed, is an achievement and the result of the efforts thus far. The legislature has been most supportive of our quest.

Training

The School of Oriental and African Studies (SOAS), University of London Arbitration in Africa Survey 2018, gives further independent support to the work being done by the Chartered Institute of Arbitrators, in the field of qualitative training for arbitrators. Based on confirmed data and statistics, the SOAS survey identified the Chartered Institute of Arbitrators as the primary arbitration training provider in Africa. In his inaugural speech made on 12th January, 2018, the President of the CIArb Mr. James Bridgeman, SC, C.Arb emphasised the important role the CIArb; the premier private dispute resolution professional membership body has to play, in the establishment and maintenance of standards of excellence and constant improvement, in both international and domestic dispute resolution. The CIArb continues to build on the efforts thus far and has recently launched its New Training Pathways program.

The New Pathways

The delivery of education and training qualifications, is a fundamental component of the CIArb’s Golden Thread. The CIArb internationally recognised training which confers on successful participants the right to use the world renowned post-nominal letters, is continually updated to ensure the maintenance of the highest quality standard across the education plane. A review designed to revise and update all Pathway training and assessment to ensure consistency, fairness, standardisation and rigour across the training and education plane, is being implemented. The Rollout of the new Pathways and the associated new Centralised Assessment system is underway in the United Kingdom, Europe, Asia-Pacific Region, and was introduced in Africa in March 2018.

The approved faculty list of Tutors is an integral mechanism, to ensure a faculty of highly trained resource persons. Regional Pathway Leaders have been appointed across the globe, with the responsibility of ensuring that the respective Region’s Approved Faculty List (AFL) tutors are fully trained in the new Modules, and that their teaching and presentation skills continue to meet the standard and quality commensurate with CIArb’s reputation and aspirations. The roles of the newly appointed Regional Pathway Leaders (RPLs) are to train the trainers, review and support them in maintaining or developing their respective skills and approaches. Trainings have been held for RPLs worldwide. The training for Africa’s RPLs was held from the 27th to 29th of March, 2018 in Nairobi, Kenya. The CIArb training, including its specialised training for the Judiciary, is second to none, as I am sure all gathered here will attest.

Judicial Support

A supportive Judiciary is essential, to the continuing efficacy of arbitration as an effective and attractive dispute resolution procedure. The support of the Judiciary is required prior to the process, during the process, and after the resultant award has been issued. The international standard requires the support of the Judiciary, supports and prohibits judicial interference, except as specifically provided in the relevant statute. Nigerian courts largely support arbitration, affirming the principle of non-intervention as several judicial authorities affirm. Several Courts have also established Multi-door Court houses, offering court connected ADR and thereby, making available alternative doors for dispute resolution.

In my speech at the opening ceremony of the 2017 Annual Conference, I referred to the pronouncement of the Chief Justice of Nigeria, Hon. Justice GCON, against courts indulging parties who in breach of arbitration agreements, commence litigation proceedings or the utilisation of the courts’ system to frustrate otherwise legitimate arbitration agreements and the resultant awards. Recently, the Chief Justice of Nigeria again, encouraged the use of ADR as part of the mechanism put in place to resolve asset management related disputes.

The CIArb calls on all stakeholders, to adhere to the international principle of non-intervention in arbitral proceedings and respect for international dispute resolution. In particular, Lawyers as officers in the temple of justice, are obliged to uphold and observe arbitration agreements validly entered into, respect the process, and observe the highest standards to maintain Nigeria’s perception in the international dispute resolution plane.

The CIArb appreciates judicial and executive support, for its work. Presently, the CIArb is working on instituting a working group of African Countries, with a view to organising a roundtable on international arbitration. The working group will be composed of Judges and Justice Ministers from both civil and common law jurisdictions, to further deliberate on the way forward, including the harmonisation of the common and civil legal traditions that exist within our frontiers. We look forward to the participation of the Judiciary and Justice Ministers, in our project. Judicial support to the work of the CIArb in dispute resolution, is essential. Given the years of experience of our Judges on the art judging, irrespective of the difference between judgements and awards, together we can bring our respective skills to the ADR community, and further decongest our courts.

2018 Annual Conference

The theme for our 2018 Annual Conference

is focused on contemporary frontline issues in Arbitration and ADR in Africa. The topics have been carefully chosen to give insight into the challenges facing the development of arbitration in Africa, the gains we have achieved, and the way forward for arbitration in Africa.

This conference gives us the opportunity to ask ourselves questions, to learn from the experience of other jurisdictions, and to assess our capability and capacity in the field of international dispute resolution. Are there any specific problems militating against the use of ADR as a tool for economic development in Africa? Do we have adequate infrastructures? Is our government doing enough to make our countries attractive for arbitration? Does the government appreciate the strong earnings that the country stands to earn from international arbitration activities? Does our legal framework meet international standards? Are we building up our arbitral institutions? Are we effectively utilising mediation in settling disputes? Should there be more collaborations between African arbitral institutions? Are our practitioners represented in the international arbitration plane?

Indeed, several initiatives are being put in place, to address some of the concerns militating against the optimisation of the benefits of ADR to African Countries. Members of the Chartered Institute continue to play a key role, by giving of their time and resources to the various initiatives.

A series of consultative workshops were organised under the auspices of the International Council for Commercial Arbitration (ICCA) Headquartered at the Hague, the Netherlands, with the goal of promoting the use and development of international arbitration in Africa. The workshops held in Mauritius (2016), Cairo (2017), Abuja (2017) and Kigali (2018), recognised the need of fostering better cooperation amongst African arbitral organisations and working towards the establishment of an umbrella organisation, dedicated to the promotion and development of international arbitration and arbitrators in Africa.

The launch of the African Arbitrators Association (AfAA) at the Headquarters of the African Development Bank in Abidjan, Cote d’Ivoire, is the culmination of the years of preparatory work by ICCA, Arbitral Organisations in Africa, and various individuals, many being members of the Chartered Institute of Arbitrators.

The AfAA was borne out of the need to promote Africa and African arbitrators, in international arbitration. The objectives of AfAA Headquartered in Kigali, Rwanda includes, enhancing the capacity of African parties, institutions and practitioners, facilitating and encouraging the appointment of African international arbitration practitioners, and strengthening the legislative and judicial frameworks in the field of arbitration in Africa.

Indeed, Africa has come a long way, though there is still more work to be done. Gone are the days, when there was hardly any African representation in the international arbitration arena. Wide-scale capacity building programmes aimed at developing the knowledge of Africans in the field of international arbitration, have assisted in producing many excellent and skilled African arbitrators. The CIArb has been very instrumental in the increased number of African arbitrator practitioners, and the AfAA intends to continue working with the CIArb, in building the capacity of African Arbitrators.

The International Chamber of Commerce (ICC) International Court of Arbitration, has recently set up an African Commission, with a view to expanding its pool of available African arbitrators for the many disputes that may arise in the region, and promoting the developments of African seats. The ICC Court recently achieved gender parity, with the Courts’ 2018 – 2021 term composed of eighty- eight men and eighty-eight women, and many new entrants from African countries hitherto not represented on ICC Court.

The London Court of International Arbitration (LCIA), with the support of its African Users’ Council, continues to implement its African program. The initiatives of the traditional institutions, provide more opportunities for increased African representation on the international arena. Africans must rise to the challenge.

The next two days provide the opportunity to discuss, identify challenges, and proffer ways to advance arbitration in Africa. We hope that we can all together, place Africa on the world map of arbitration, able to meet the standards of the traditional centres; London, Paris, New York, and the successful emerging centres like Singapore, in the quest for effective alternative dispute resolution systems. Indeed, our African centres; The Cairo Regional Centre for International Commercial Arbitration (CRCICA), Kigali International Arbitration Centre (KIAC), Nairobi Centre for International Arbitration (NCIA) and the Lagos Court of Arbitration (LCA), are rising to the challenge. We must learn from the efforts of the established arbitral institutions (Paris, London) and new centres (Singapore), and continue to work relentlessly towards building and maintaining our African Centres....

I thank you all.