CIArb International Conference 2018

ADR Trends in a Dynamic Legal Environment

About the Conference

The expansion of international trade, particularly in recent decades, has spawned a large number and type of international disputes. International arbitration has largely been accepted as a tool to promote and attract FDI for large public infrastructural projects as it provides an internationally accepted platform for Alternate Dispute Resolution.

This conference provides an excellent forum for International Arbitration professionals & users to network and create valuable synergy required to promote, profile and celebrate Africa’s International Arbitration & Arbitrators.

This conference aims to expose participants to the various emerging trends and methods available for the effective and efficient resolution of international commercial disputes. It will also provide an overview of the leading national and international arbitration institutions engaged in providing the services and fora for the resolution of such disputes. Finally, it is hoped that this course will provide participants with a deep insight regarding the latest legal developments on important issues involving arbitration and its intersection with domestic courts.

This conference is particularly important for ADR practitioners, in-house counsel, state corporations, Judiciary, government ministries, and counties as it will impart them with necessary skills and knowledge to handle large PPP investments contracts with arbitration as a dispute resolution mechanism.

Registration Fees

CIArb Members USD 250.00
Non-Members USD 310.00
CIArb YMG Conference ONLY FREE
Speakers FREE
CIArb YMG + CIArb Conference USD 200.00

Bank Details

Bank : Commercial Bank of Afirca
Branch : Mama Ngina
A/C Name : Chartered Institute of Arbitrators
KES A/C No : 6435390017
USD A/C No : 6435390067
Swift Code : CBAFKENX

Mpesa Details

Paybill Number : 975743
Account Name : CIARB CONF

Speakers

Prof. Dr. Mohamed S Abdel Wahab

Chair of private international law and professor of international arbitration at Cairo University

Njeri Kariuki

FCIArb., Chartered Arbitrator – Kenya

Lawrence Ngugi

Registrar/Chief Executive, Nairobi Centre for International Arbitration

Tim Hardy

Arbitration and construction adjudication practitioner

John Gaffney

International Arbitration Lawyer

Eunice Lumallas

FCIArb

Travel and Accomodation

Travel and hotel expenses are not included in the registration fees. Participants are responsible for making their own travel arrangements and hotel reservations.

CIArb Kenya has however negotiated preferential room rates with the Leisure Lodge Hotel. The complete information will be sent upon registration enabling participants to make their reservations directly.

Scott Travel Group Limited
6th Floor Western Heights, Westlands
P. O Box 1835 00606, Nairobi Kenya,
Tel + 254 733 607 914 | + 254 731 074 270 | + 254 771 068 244
Email; customercare@scott-travelgroup.com
www.scott-travelgroupltd.com

Visa

Visa applications for entry into Kenya can take several Days to process. If travellers from your country of citizenship require a visa to enter Kenya, we highly recommend that you begin the visa application process well in advance. CIArb Kenya is able to dispatch visa invitation letters to support your visa application only after receipt of your registration online.

Cancellation Policy

50% of the registration fees will be refunded if notice of cancellation is received in writing before Friday 18 September 2018. Cancellations after this date are not refundable. Updated registration information will be required. Please be informed that any formation of cancellation will incur a cancellation fee of $10 + 2.75% of the registration fee which must be covered by the participant. Please note that CIArb Kenya Branch reserves the right to cancel this event or to make minor alterations to the content and timing of the programme or to the identity of the speakers.

Conference Programme

TIME EVENT SESSION
18:30 Arrival of delegates and Chief Guests
19.00

Welcome Address by the Master of Ceremony
QS. Patrick S. Kisia, FCIArb.

Opening Remarks
Mr. Calvin Nyachoti, FCIArb., Chartered Arbitrator
Chairman, Chartered Institute of Arbitrators, Kenya Branch

OPENING ADDRESS

Dr. Kariuki Muigua, Ph. D., FCIArb., Chartered Arbitrator, Kenya
CIArb Africa Trustee-elect

Anthony Abraham, MCIArb. Director General, CIArb., London Headquarters

20.00 COCKTAIL
TIME EVENT SESSION
08:00 - 09:00

Registration –CIArb Kenya Branch Secretariat

SESSION 1: OPENING SESSION
09:00 - 10:20

Welcome Address by the Conference Taskforce Chairperson
Eng. Peter Scott, MCIArb.

Opening Remarks
Mr. Calvin Nyachoti, FCIArb., Chartered Arbitrator
Chairman, Chartered Institute of Arbitrators, Kenya Branch

Opening Address
James Bridgman, FCIArb., Chartered Arbitrator
President, Chartered Institute of Arbitrators

Keynote Address
Hon. Justice David Kenani Maraga
Honorable Chief Justice & President, Supreme Court of Kenya

10.20- 10.40 GROUP PHOTO SESSION / HEALTH BREAK

SESSION 2 : ARBITRATION: EMERGING ISSUES
(MODERATOR : Chief Bayo Ojo, SAN, FCIArb., Chartered Arbitrator, Nigeria)

10.40- 12.50

What are the practical implications for international commercial arbitration in the African context
Mohamed S. Abdel Wahab, Egypt

What is the proper balance between procedural efficiency and cost savings on one hand and risking a poor outcome on the other?
Dr. Hakeem Seriki, London

Arbitrator conduct
Mr. Paul Ngotho, FCIArb., Chartered Arbitrator, Kenya

Can corporate Counsel effectively influence the process and outcome of arbitration?
Philip Aliker, FCIArb., Chartered Arbitrator, Kenya

PLENARY

12.50-13.50 LUNCH BREAK
SESSION 3 : MEDIATION OF COMMERCIAL DISPUTES IN AFRICA
(MODERATOR : Njeri Kariuki, FCIArb., Chartered Arbitrator - Kenya)
14.00- 15.15

Is mediation an alternative to arbitration in resolving disputes in Africa?
Abha Patel, FCIArb., Zambia

What are the limitations that mediation presents in areas such as awards and determination of costs?
Indrani Govender, Mediator, South Africa

Granted that arbitration is focused on securing rights while mediation is focused on maintaining relationships, is an aggrieved party likely to loose out in mediation?
Hon. Lady Judge Joyce Aluoch, MCIArb., Accredited Mediator, Kenya

How should Courts address uncooperative parties who frustrate settlement agreements in mediation?
Hon. Justice Alnashir Visram, Chairman of Mediation Accreditation Committee, Kenya

The future of Court- Annexed Mediation: reflections from Multidoor experience
Adeyinka Aroyewun, MCIArb., Certified Mediator, Nigeria

PLENARY

SESSION 4 : THE CONSTRUCTION SECTOR: THE ADJUDICATION PRACTICE AND EFFECTS OF EMERGING LAWS
(MODERATOR: Eng. Paul Karekezi, FCIArb., Kenya )
15.15- 16.30

Constitution of Dispute Boards; what are the salient issues to consider?
Eng. Bwalya Lumbwe, FCIArb., Zambia

Comparative experience on adjudication practice: The Mauritian experience
Anand Juddoo, FCIArb. Chartered Arbitrator, Mauritius

Emerging issues regarding enforcement of adjudication awards
Eng. Peter Scott, MCIArb., Kenya

Sector experience on the use of Adjudication in resolving construction disputes
Eng. Peter M. Mundinia, Director General - Kenya National Highways Authority

PLENARY

TIME EVENT SESSION
08.00- 9.00 Registration –CIArb Branch Secretariat
SESSION 5 : INTERNATIONAL INVESTMENT ARBITRATION
(MODERATOR- Thomas Snider, Dubai)
09:00 - 10:20

Enhancing the capacity of Africa regional arbitration centres vis-a- vis other regional centres.
Lawrence Ngugi, Registrar and CEO
Nairobi Centre for International Arbitration, Kenya

Diversity issues of appointments in investment treaty arbitrations
Funmi Roberts, Nigeria

Bilateral/ Regional Agreements vis- a- vis international investment treaties in undertaking arbitration of disputes
Isaiah K. Bozimo, FCIArb., Nigeria

Enforcement of arbitral awards arising from international investment treaty agreements Bobby Banson ESQ, Ghana

The future of International Arbitration in Africa Dr. Emilia Onyema, FCIArb., London

PLENARY

HEALTH BREAK
SESSION 6 : JUDICIARY IN ARBITRATION: EFFECTS OF JUDICIAL INFLUENCE
(MODERATOR- Mr. Calvin Nyachoti, FCIArb., Chartered Arbitrator, Kenya)
10.40- 13.00

The role of Judiciary in Arbitration: effects of judicial influence
Hon. Justice Richard Mwongo, FCIArb. Chartered Arbitrator, Kenya

Setting out the threshold for judicial intervention in arbitral awards
Hon. Mr. Justice Charles Kajimanga, FCIArb. Chartered Arbitrator, Zambia

Understanding the limits of judicial review in setting aside arbitral awards
Lawrence Schäfer, FCIArb., South Africa

The emerging jurisprudence from judiciary on arbitration
Madeline Kimei, MCIArb., Tanzania

The enforcement of arbitral awards: emerging notty issues
Collins Namachanja, FCIArb., Chartered Arbitrator, Kenya

PLENARY

13.00- 13.50 LUNCH BREAK
SESSION 7 : ROUND TABLE SESSION CHALLENGES AND OPPORTUNITIES ADR PRESENTS IN THE RESOLUTION OF DISPUTES AT THE DOMESTIC AND INTERNATIONAL LEVELS
(MODERATOR- Hon. Prof. Githu Muigai, FCIArb., Chartered Arbitrator, Former Attorney General, Republic of Kenya)
13.50

PANELIST

CIArb Africa Trustee - Elect
Dr.Kariuki Muigua, Ph. D., FCIArb., Chartered Arbitrator, Kenya

Attorney General, Zambia
Hon. Likando Kalaluka

Attorney General Tanzania
Hon. Dr Adelardus Kilangi

Attorney General Uganda
Hon. Mr. William Byaruhanga

Minister of Justice/Attorney General of Rwanda
Hon. Johnston Busingye

President East Africa Court of Justice
Justice Dr Emmanuel Ugirashebuja

President African Court on Human and People’s Rights.
Justice Sylvain Oré, President

Secretary-General, COMESA
Ms. Chileshe Kapwepwe

Prime Minister of the Federal Republic of Ethiopia
His Excellency Ato Hailemariam Desalegn

Chairman, Kenya National Chamber of Commerce and Industry
Mr. Kiprono Kittony

Chairman, East African Bsiness Council
Mr. Nicholas Nesbitt

PLENARY

SESSION 8 : CONFERENCE CLOSURE
15.30- 16.00

Conference Communiqué
James Muruthi Kihara, FCIArb., Chartered Arbitrator
Past Chairman, CIArb., Kenya Branch

Closing Speech
Hon. Justice Paul Kihara, Attorney General, Kenya

Vote of Thanks
Samuel Nderitu, FCIArb.
Vice Chairman, CIArb. Kenya Branch