The Nigerian Institute of Chartered Arbitrators started its 2021 Annual Conference and Investiture Award Ceremony in a grand style, this morning, at the Eko Hotel and Suites, Victoria Island, Lagos.
The conference, according to a statement issued by the institute’s president, Mrs. Shola Oshodi-John, has as theme: Disruption and the New Normal in Arbitration/ADR in Africa: A Way Forward.
The focus of the conference, continues Oshodi John, “is geared towards addressing the effects of COVID-19 pandemic unexpected disruption in the arbitration and business landscape in such a way that threatens the survival of the practice in societies that are not technologically advanced. The disruption has created a new narrative and a new normal with the advent of online dispute resolution, digital economy, online trade in goods and services amongst others. At the inception of the pandemic, everyone had thought that it would soon fizzle away and that things would return to the old ways. That expectation has long been dropped for the more pragmatic approach of fashioning a way forward in order to adapt to the disruption and harness the benefits of the resultant changes.
“This year’s conference will be the first Hybrid Annual Conference held by NICArb to create a forum for users, experts and practitioners in Arbitration and other ADRs across sectors on the Africa continent and beyond, to discuss and proffer solutions in the wake of COVID-19 disruptions on how to improve the use and practice of Arbitration/ADRs to create an environment that attracts investment and investor confidence, and a roadmap for dispute resolution under the African Continental Free Trade Agreement (AfCFTA).”
Vice President Yemi Osinbajo, a Fellow of the institute, shall attend the conference in his capacity as the special guest of honour while Lagos State Governor, Mr. Babajide Sanwo-Olu is the Chief Host.
Keynote Speakers include: Otunba Adeniyi Adebayo, Minister of Industry, Trade and Investment; Mr. Abubakar Malami, SAN, Attorney General and Minister for Justice, Nigeria; Professor Emmanuel Sibidi Darakoum, Permanent Secretary, Organisation for Harmonisation of Business Law in Africa (OHADA); Justice Rita Nosakhare Pemu, Mr. Moyosore Onigbanjo, SAN, Attorney General and Commissioner for Justice, Lagos State; as well as Dr Mrs. Lola Akande, Lagos State Commissioner for Commerce, Industry and Cooperatives, amongst others dignitaries.
This conference seeks to, amongst other things, propose a viable way towards harnessing the benefits of the new normal for the arbitration and ADR community, with particular focus on the challenges of the African continent. There shall also be a discussion on an overview of the current trends in the digital economy and their implications for consumer protection and competition policies. Speakers at the Conference will be opportuned to review emerging issues in consumer protection in electronic commerce (e-commerce), in particular, how it relates to legal and policy frameworks, consumer empowerment and business guidance, enforcement, dispute resolution and redress.
More so, the commencement of the African Continental Free Trade Agreement (AfCFTA) in January this year led to the assessment of preparation made so far by the Nigerian government and Nigerians to engage the process, emphasizing dispute resolution. However, the loophole here is that AfCFTA DSM gives the capacity to bring actions under the Agreement only to states. Thus, private actors (non-State actors) are eliminated from the dispute settlement arrangement. This seems problematic because the major operators in Free Trade Agreements (FTAs) are private persons. The agreement’s leaning towards a state-state arbitration poses some questions, which shall be addressed by erudite scholars at the Conference.
During the Conference, there shall be an extensive discussion on the Ethics and Integrity in Arbitration. It is noted that the quality and success of arbitration are as good as the arbitrators involved in the proceedings. One of the fundamental principles in arbitration is the Arbitrator’s impartiality, ethics, and integrity during the arbitration process. Therefore, international law and arbitration institutions impose varying ethical and integrity standards on arbitrators, emphasising impartiality and independence. The new normal has thrown up more challenges in respect of the ethical standards expected of the Arbitrator, some of which are quite novel and others far-reaching. The Conference will focus on some of these new challenges to help the 21st-century Arbitrator navigate her way through them.
Another interesting topic for discussion at the hybrid conference is the challenge of enforcement of arbitral awards in Sub- Saharan Africa. According to the World Bank, the ability to enforce arbitral awards is an important factor for investors considering potential markets in which to invest. The enforcement of arbitral awards in sub-Saharan Africa poses a number of issues and risks to investors, which shall be discussed at this Conference. There are also pungent issues linked to refusal by some States to readily abide by arbitral decisions, such as the perceived encroachment into their regulatory space and immoderate award of damages. These issues have become seminal in international investment law parlance and will be addressed in this Conference.
Furthermore, the Young Arbitrators are not left out at the Conference. At the Conference, there shall be a discussion on the major concern for young arbitrators, how to break the “barriers to entry”. Bridging the gap between young arbitrators and older professionals has been a recurring topic in arbitration circles. The thrust of this topic is to advocate for initiatives that would bring young arbitrators, howbeit gradually, into the mainstream of arbitration practice.
Prominent personalities of various expertise and seasoned long standing experience in the Arbitration/ADR sphere from Africa Continent and beyond have been invited to speak and share few words on a wild range of topics reflecting the theme. These speakers are drawn from private practise, government institutions/parastates and international institutions. More so, there will be a Fireside conversation with arbitration experts, who would share their practical experiences relating to Arbitration proceedings.
At the end of the 2-day Conference, the Nigerian Institute of Chartered Arbitrators will also launch its Arbitration Centre and Arbitration Rules. This will be an opportunity to intensify its efforts at driving policy advocacy to the public in a bit to create awareness that the Institute is ready to its full capacity to host an Arbitration Proceeding.
The Investiture/Presidential dinner for the induction of new members will be held also, on the 2nd day of the Conference. At the dinner, NICArb shall honour organisations, leaders and policymakers who have pioneered and promoted arbitration (and ADR) in Nigeria and globally.
ABOUT THE NIGERIAN INSTITUTE OF CHARTERED ARBITRATORS
The Nigeria Institute of Chartered Arbitrators (NICArb) is the premier arbitration institute in Nigeria founded in 1979 under the leadership of former Attorney General of Nigeria and former judge of the World Court at The Hague, Judge Bola Ajibola, SAN, KBE and duly incorporated in 1988 under the Companies Act as a legal entity Limited by Guarantee. The Nigerian Institute’s mission is to promote the administration and development of arbitration and Alternative Dispute (ADR) practice in Nigeria with members drawn from diverse vocational backgrounds including the bar and the bench and other professions; Academia, Accounting, Banking, Construction, Engineering, Public Service and a host of others. Since 1979, the Nigerian Institute has been in the forefront promoting the domestication, knowledge and practice of arbitration and ADR in Nigeria and has gained reputation as the preferred appointing authority and arbitration handling institution for a broad spectrum of commercial disputants.
Currently, it has a national presence through state branches in Abuja, Anambra, Akwa Ibom/Cross Rivers, Bayelsa, Delta, Edo, Enugu, Imo, Kano/Kaduna, Lagos and Osun.
The main strategies for the promotion of ADR adopted by the Nigerian Institute include advocacy, capacity building, research, arbitration services, strategic partnership and programme development. Professionals across the nation benefits from trainings, seminars, conferences and workshops on arbitration, mediation and other forms of ADR offered by the Nigerian Institute of Chartered Arbitrators.