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1
Improving capacity and highlighting dispute resolution capabilities in the region
FBJBD 28 - 29 July 2014Fairmont the Norfolk
Nairobi-Kenya
EAST BGSJDB!INTERNATIONAL ARBITRATION C O N F E R E N C E
the
2
SPONSORS
Silver Sponsors
Bronze Sponsors
Supported By
Managed By Organized By
The Nairobi Centre for
International Arbitration
3
WELCOME NOTE
Dear Delegates,
It is with great pleasure that I welcome you to the 1st
International Arbitration conference in Nairobi Kenya. EAECC
is indeed honoured to be your host for the next two days.
The conference will highlight the increasing importance of international arbitration
as a tool for promoting foreign investment in the Continent. Africa, and Eastern
Africa in particular, has in recent times seen increased foreign investor interest,
especially in the energy, infrastructure and extractive sectors. With this exponential
investment rises a need to understand the paradigms of international arbitration,
improve capacity and highlight the dispute resolution capabilities in the region.
What began as an informal conversation amongst a group of us has today turned
out to be a great platform to promote International Arbitration in our region. I am
personally grateful to Elodie Dulac (King & Spalding, Singapore) Leyou Tameru
(Legal Consultant & Columnist, Addis Ababa) and Elizabeth Karanja
(JMiles & Co, Nairobi), my co-members in the program committee, without
whom the program would not have been possible.
The program committee has prepared an exciting program and secured
knowledgeable and exciting speakers for you. We invite you to actively participate
especially during the Q&A and networking breaks.
We hope today creates a unique platform for regional and international arbitration
professionals and clients to share best practice, exchange ideas and forge
partnerships. Throughout the conference, the organisers, program committee will
be at hand to answer any questions you may have. I wish you a fruitful conference
and look forward to your participation.
Yours Sincerely,
Agnes GitauDirector – Eastern Africa Economic Chambers of Commerce
Agnes Gitau, Director, EAECC, UK
4
THE PROGRAM COMMITTEE
The Program Committee is delighted to present a riveting program that is sure to
encourage discourse in international arbitration in the East African region.
Borrowing from their different experiences and backgrounds, the committee developed an inclusive program which
includes topics from all aspects of international arbitration, including: the process of international arbitration; drafting
effective international arbitration clauses; the role of arbitration institutions; the role of the courts in the arbitral process;
recognition and enforcement of awards; investment arbitration; funding of international arbitration; and cost elements of
international arbitration. All these topics have been tailored with a focus on East Africa.
We have sourced speakers who are experts in arbitration in their own right, including: Government organisations; the
Judiciary; distinguished regional arbitrators; experienced international and regional arbitration practitioners (solicitors
from top international firms, top barristers including Queens Counsel, and practitioners from leading East African firms);
and the private sector.
We wish you an insightful experience.
Elodie Dulac,Senior AssociateKing & Spalding LLP, Singapore
Leyou Tameru, Legal Consultant, Ethiopia
Elizabeth Karanja, Senior Associate, JMiles & Co., Nairobi
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KEYNOTE SPEAKERS
I am a PhD holder in Agricultural Economics, Master in Business Administration,
Bachelor of Education and Associate Professor in School of Business University
of Nairobi.
I have extensive working experience with such organizations as the World Bank, where
I was a Senior Educational Economist, CARE International in Kenya where I was the
Regional Coordinator, University of Nairobi Enterprises and Services Limited where I was
the Deputy Managing Director and the Business Development Manager and I have been
a board member of Capital Markets Authority. Currently, I am the Director of the Social
and Political Pillars as well as Acting Director General of Vision 2030 Delivery Secretariat
and a board member of Lamu Port, South Sudan and Ethiopia Transport Corridor Project
and a committee member at Management University of Africa. My research interest areas
are food security, water harvesting and management, financing of education and capacity
development for effective implementation of Kenya Vision 2030.
Justice Jonathan Bowen Havelock, Judge of The High Court, Chartered
Arbitrator and Accredited Mediator, Kenya
Born and schooled in Kenya, Jonny Havelock was admitted as an Advocate of the High
Court of Kenya in 1972. He has practised law in Nairobi both as a sole practitioner, an
Assistant Advocate/Partner in a number of local firm of Advocates - Archer & Wilcock
(1972-1974), Russell & Havelock (1979-1991), Kaplan & Stratton (1991-2001), and
Havelock, Muriuki & Raval (2005-2011). In between, he was the Company Secretary/
Legal Officer of the Block Hotels Group of companies which owned and managed hotels
throughout Kenya, Seychelles and Lesotho (1974-1979). Along with his practice in law,
he was the Executive Officer of the Kenya Association of Hotelkeepers & Caterers (1981-
1990). In 2001, Jonny Havelock moved to Barclays Bank of Kenya Ltd where he held the
position of Senior Legal Counsel, Northern Africa for 4 years. He is a past Chairman of the
Chartered Institute of Arbitrators (Kenya Branch) (2008-2011), a member of the Institute of
Certified Public Secretaries of Kenya and a member of the standing advisory committee to
the Capital Markets Authority. He is a Chartered Arbitrator, a member of the LCIA and an
accredited arbitrator with the ICC, Paris. He is also a mediator accredited by the Chartered
Institute of Arbitrators (London). In August 2011, he was appointed as a Judge of the High
Court of Kenya and is currently serving in the Commercial Division of the High Court.
Prof Gituro Wainaina, Director, Kenya Vision 2030
Justice J.B. Havelock for the Chief Justice, Kenya
6
KEYNOTE SPEAKERS
Chacha Odera is an Advocate of the High Court of Kenya, having been admitted
to the Bar in 1988. He specializes in dispute resolution, particularly in areas
of Commercial, Banking, Insurance, Employment Law and Industrial Action.
In Litigation, he is engaged in practice in the Industrial Court, High Court, Court of Appeal,
United Nations Dispute Tribunal and Arbitration Tribunals. Chacha has participated in
various Alternative Dispute Resolution forums. He has mediated disputes and participated
in arbitration litigation both as Counsel and as Arbitrator appointed by either the parties
or the Court.
Chacha is also a member of the Political Parties Dispute Tribunal, a body charged with
hearing disputes between members of political parties, disputes between political parties
in coalitions and appeals arising from decisions of the Registrar of Political Parties.
Chacha Odera has participated in the review of legislation affecting the energy sector
on instructions by the Government of the Republic of Kenya, between 1995 and 1996.
He serves as an adjunct lecturer at the Strathmore University School of Law. At the local
level, he is a Member of the Law Society of Kenya and is presently the Chair of the Ad Hoc
Committee on In House Counsel.
Chacha is also a Council Member of the Council of Legal Education in which he also sits
in various sub-committees. At a regional level, Chacha is a member of the East Africa
Law Society and at an international level; he is a member of the Commonwealth Law
Association.
Chacha Odera, Partner, Oraro & Co., Nairobi
Githu Muigai has over 20 years experience in the practice of law in Kenya and
in East Africa. Prof. Muigai holds LLB and Ph.D. degrees from the University
of Nairobi and an LLM Degree from Columbia University School of Law, New
York. He was called to the Bar in 1985. In addition to the practice of law he is
an Associate Professor of Public law in the School of Law of the University of
Nairobi (currently on leave of absence).
He has a wide range of areas of practice which include Commercial Litigation and
Arbitration, Constitutional and Administrative Law, Information and Communications
Technology Law, Insurance and Banking Law, Investments Law, Mergers & Acquisitions
Law, Public and Private International Law, Public Procurement Law. From August 2008
- September 2011 Prof. Githu Muigai was the UN Special Rapporteur on contemporary
forms of racism, racial discrimination, xenophobia and related intolerance.
He is a Fellow of the Chartered Institute of Arbitrators (UK) and a member of the American
Association of Trial Lawyers, Institute of Public Secretaries, Law Society of Kenya, East
African Law Society, Council of Legal Education, International Commission of Jurists
International Bar and the Association and the Commonwealth Lawyers Association.
Hon. Prof. Githu Muigai was sworn as sixth Attorney General of the Republic of Kenya on
the 23rd August 2011. The Attorney General is the Principal Legal Adviser to Government
of the Republic of Kenya.
Prof. Githu Muigai, Attorney General, Kenya
7
Conference Programme
July 28, 2014
08:00 – 08:30 Registration
08:30 – 10:00 WELCOME REMARKS & KEY NOTE SPEECHES
• Welcome Note by the Eastern Africa Economic Chambers of Commerce (EAECC) Director,
Agnes Gitau (10 minutes)
• Address by Prof. Gituro Wainaina, Kenya Vision 2030 (20 minutes)
• Address by Mr. Chacha Odera, Partner, Oraro & Co. (20 minutes)
• Address by Justice JB Havelock, the Office of the Chief Justice (20 minutes)
• Address by Attorney General Githu Muigai (20 minutes)
10:00 – 11:30 INTRODUCTION TO INTERNATIONAL ARBITRATION
• Panel Chair: Mark Molyneux, Addleshaw Goddard LLP
• Ben Hornan, Hogan Lovells (25 minutes): Key characteristics of international arbitration and pros
and cons of choosing IA to resolve international disputes
• Kananu Mutea and Noella Lubano, Anjarwalla & Khanna (25 minutes): Legal framework of
international arbitration (with focus on Eastern African countries)
• Jeremy Gauntlett SC, Brick Court (25 minutes): The place of arbitration
• Q&A with audience led by Chair of that panel (15 minutes)
11:30 – 12:00 Coffee Break
12:00 – 13:00 THE ARBITRATION AGREEMENT AND DRAFTING ARBITRATION AGREEMENTS DOS AND DONT’S
• Panel Chair: Jeremy Gauntlett SC, Brick Court Chambers
• Elizabeth W. Karanja, JMiles & Co. (25 minutes): The Arbitration Agreement
• Tom Snider, Greenberg Traurig (25 minutes): The Arbitration Agreement Drafting Dos and Don’ts
• Q&A with audience laid by panel chair (10 minutes)
13:00 – 14:00 Networking Lunch sponsored by
14:00 – 15:30 A TYPICAL INTERNATIONAL ARBITRATION PROCEEDING & THE ROLE OF INTERNATIONAL
ARBITRATION INSTITUTIONS
• Panel Chair: Simon Schooling, Clyde & Co.
• John Miles, JMiles & Co. (30 minutes): Overview of a typical arbitration proceeding from filing the
request of arbitration to the arbitral award (selection, appointment and challenge of arbitrators;
typical procedure; increasing efficiency of arbitral proceedings)
• Rashida Abdulai, Hogan Lovells (25 minutes): Role of international arbitration institutions
• Justice JB Havelock, Kenya Judiciary (25 minutes): Role of national courts during the arbitration
proceeding
• Q&A with the audience led by panel chair (10 minutes)
8
15:30 – 17:00 AFTER THE AWARD: ACTIONS TO SET ASIDE AND RECOGNITION & ENFORCEMENT OF AWARDS
• Panel Chair: George Oraro, Oraro & Co.
• Kiragu Kimani, HH&M (25 minutes): Focus on the regime for challenge of awards and recognition
and enforcement in Kenya
• Roderick Cordara , QC, Essex Court Chambers (25 minutes): Challenge to awards
• Simon Schooling, Clyde & Co. (25 minutes): Recognition & enforcement of awards
• Q&A with audience led by panel chair (15 minutes)
18.00 – 21.00 NETWORKING GALA DINNER SPONSORED BY
July 29, 2014
08:30 – 09:00 Registration
09:00 – 09:30 KEY NOTE SPEECHES
• Address by Dr. Moses Ikiara, Kenya Investment Authority
09:30 – 10:30 FOCUS ON INTERNATIONAL ARBITRATION IN EASTERN AFRICA
• Chair: Leyou Tameru, Legal Consultant, Ethiopia
• Mr. Arthur Igeria, Chairperson, Nairobi Centre for International Arbitration (NCIA) on the
development of international arbitration in Kenya and the role of NCIA (25 minutes)
• Duncan Bagshaw, Registrar, LCIA-MCIA on the legal framework for international arbitration in
Mauritius and the LCIA-MCIA (25 minutes)
10:30 – 11:00 Coffee Break
11:00 – 12.30 FOCUS ON INTERNATIONAL ARBITRATION IN EASTERN AFRICA – CONT’D
• Panel Chair: Leyou Tameru
• Bernadette Uwicyeza, Secretary General, KIAC on the legal framework for international arbitration
in Rwanda and the Kigali International Arbitration Centre (KIAC) (25 minutes)
• Dr. Kariuki Muigua, Chairperson, CIArb Kenya, on Promoting International Arbitration In Africa
(25 minutes)
• Paul Ngotho, East African Arbitrator, on Challenges faced by arbitrators in International
Arbitration in East Africa (25 minutes)
• Q&A session led by Panel Chair (15 minutes)
12:30 – 13:30 Networking Lunch
13:30 – 15.00 INVESTMENT TREATY ARBITRATION
• Chair: Ndanga Kamau, Legal Consultant, Kenya
• Elodie Dulac, King & Spalding (25 minutes): jurisdictional matters in investment treaty arbitration
• Andrew Cannon, Herbert Smith (25 minutes): substantive protections under investment treaties
• Roderick Cordara QC, Essex Court Chambers (25 minutes): investor-state arbitration and
procedure
• Q&A with audience led by panel chair (15 minutes)
Conference Programme
Roderick Cordara , QC, Essex Court Chambers (25 minutes): Challenge to awards
9
15.00 – 15.30 Coffee Break
15:30 – 17.00 HOT ISSUES IN INTERNATIONAL ARBITRATION IN EAST AFRICA
• Panel Chair – Elodie Dulac, King & Spalding LLP
• Kamau Karori, Iseme Kamau & Maema Advocates, lower costs of arbitration vs competent
awards (20 minutes)
• Nick Ashcroft, Addleshaw Goddard LLP, Funding in international arbitration (20 minutes)
• Saloni Kantaria, Herbert Smith Freehills, Emergency arbitrators (20 minutes)
• James Carter, DLA Piper, Arbitrability of disputes in International Arbitration (20 minutes)
• Q&A with audience led by panel chair (10 minutes)
17.00 – 17.30 CLOSING REMARKS
• ADDRESS BY THE EAECC
GUESTS LEAVE AT THEIR PLEASURE
Conference Programme
10
Conference Speakers
Kiragu Kimani is a partner at Hamilton Harrison & Mathews. He has practised
with HH&M since his admission as an advocate on 9th December, 1988.
He specialises in civil litigation but also undertakes some criminal litigation upon request. He has considerable experience in commercial litigation and arbitration. His major areas of practice include;
• vvPublic Procurement • Medical negligence claims.• Tax disputes.• Insurance law.• Banking law.• Debt collection.• Libel.• Building/Construction law,• Employment law • Commercial law including breach of contract claims, claims to enforce the contractual
rights of parties and the liquidation of companies.
Kiragu represents multinational firms, local firms and departments of the Government of Kenya and has consistently been recognised by various legal directories as a leading lawyer in the region.
What Clients say of Kiragu: “We’ve received excellent support – he’s very sharp and dynamic. He’s also been very flexible
and commercial.” “He frequently acts on energy and tax disputes.”
“HHM has been a loyal partner to our business and Kiragu is a trusted professional.”
“He puts his clients first and delivers on all commitments.”
“We have always been impressed by his attention to detail and the quality of his work.”
Kiragu is a member of the Law Society of Kenya and of the Institute of Certified Public Secretaries Users Council LCIA - MIAC
Kiragu Kimani, Partner, Hamilton Harrison & Mathews (HH&M) Advocates, Nairobi
George Oraro, Senior Counsel is a well-known and respected Lawyer in Kenya.
He has over thirty five (35) years extensive experience across different areas of
law in matters relating to Banking, Corporate, Commercial Law and Civil and
Criminal Litigation.
He has worked extensively in the drafting and negotiation of bank syndicated loan
agreements and multiple option facilities, Trade Finance documentation, mortgage and
asset securitizations, debt restructuring and listing of securities. His clientele include
commercial companies, international NGOs and government bodies.
George is highly respected in the profession and has received this recognition locally and
internationally. In 2012, his Excellency Hon. Mwai Kibaki, President of the Republic of
Kenya (then) recognized him for his exemplary service to the legal and public service in
Kenya and conferred upon him the rank and dignity of Senior Counsel. He is recognized
by his peers in the legal profession undoubtedly, as one of the leading and experienced
lawyers in Kenya. He has previously served as a Commissioner of Assize (equivalent to a
High Court Judge in 1986) and in various committees of the Nairobi Securities Exchange,
Capital Markets Authority and in boards of listed companies.
George Oraro, Senior Partner & Principal Partner in charge of the Litigation & Commercial Department,Oraro & Company Advocates, Nairobi
11
Conference Speakers
MR Oye Ogundele Executive Director ( African Expansion )
BSc, MBA. He is an Alumni of Lagos Business School (Pan African University).
Significant experience in marketing, business development, strategy and audit gained
from working in leading banking institutions in Nigeria such as Guaranty Trust Bank,
Access Bank and PriceWaterhouse Coopers
Oye Ogundele, Executive Director (African Expansion), Courteville Business Solutions Plc
Simon is a disputes lawyer, and is experienced in international commercial
and investment arbitration, and international litigation.
Current work includes disputes involving iron ore mining licence renewal in West Africa,
Indian contractors in several African countries, zinc mining in southern Africa, diamond
mining in southern Africa, mining licence termination in West Africa, oil and gas exploration
off the coast of West Africa, and power generation in West Africa.
Ben is a senior associate in Hogan Lovells’ International Arbitration practice
and a member of the Hogan Lovells Africa team. He has acted and advised on a
number of complex, high value international commercial disputes (including
arbitrations under the rules of the ICC, LCIA and UNCITRAL), particularly in
the oil & gas, energy, mining, commodities, international trade, aviation, food
and beverage, and telecoms sectors.
Ben has experience advising clients on risks associated with potential disputes and
strategies to avoid or settle disputes at an early stage. He also regularly advises on the
drafting of dispute resolution provisions in commercial contracts.
Ben regularly acts for clients in commercial disputes involving Africa. His recent experience
includes representing SABMiller in an ICC arbitration proceeding in relation to the Kenyan
beer market, acting for a global energy and petrochemicals company in an ICC arbitration
in connection with the sale of crude oil in Gabon, acting for a multinational offshore drilling
contractor in English Commercial Court proceedings in relation to a dispute concerning
the management of oil rigs in Angola, and acting for a West African food manufacturer in
an ICC arbitration relating to an exclusive distribution agreement for Africa.
Simon Schooling, Senior Associate, Clyde & Co., London
Ben Hornan, Senior Associate, Hogan Lovells, London
12
Conference Speakers
Elizabeth is a Senior Associate with JMiles & Co. She has a strong corporate/
commercial law background in M&A and Energy work. Elizabeth has worked
with governments and private clients in Africa and internationally, and has
represented clients in institutional arbitration (such as ICC and LCIA), ad-hoc
arbitration and trade arbitration (under FOSFA).
She has also advised on investment arbitration and ICSID matters. Her investigation
work includes anti-fraud and asset chasing work. Elizabeth has given various talks on
international arbitration in Kenya, the UK and Mozambique. She also has published works
in international publications such as the IBA International Arbitration Review and PLC.
Elizabeth is a member of the LSK and the International Council for Commercial Arbitration
(ICCA). Elizabeth can be reached on: [email protected].
Elizabeth Karanja, Senior Associate, JMiles & Co., Nairobi
James specialises in complex commercial litigation (both domestic and
international) and international arbitration. He acts for clients across a broad
spectrum of sectors including energy, financial services, construction, telecoms,
and IT. James work often has a multi-jurisdictional aspect, and he has dealt
with disputes involving a wide range of jurisdictions (including jurisdictions
within Africa).
James began his career as a barrister, where he gained significant advocacy and advisory
experience. As a result, James is particularly well placed to advise on strategy and
evidential issues, and to present cases to arbitral tribunals.James Carter, Legal Director, DLA Piper LLP, London
Ms. Dulac is an attorney in King & Spalding’s Singapore office and a member
of the firm’s International Arbitration Group. Ms. Dulac has practiced
international arbitration in Paris, Singapore and Washington, D.C. She has
represented clients in commercial and investment arbitrations around the
world.
She has worked on international arbitrations under the rules of the ICC, ICSID, SCC, SIAC,
and UNCITRAL. In addition to her work as counsel, Ms. Dulac has been appointed as
an arbitrator in ICC, SIAC and ad hoc arbitrations. She is the co-chair of the Asia-Pacific
Forum for International Arbitration.
Ms. Dulac is a frequent speaker and writer on international arbitration and international
investment law. She is also a visiting lecturer on international arbitration at the University
of Addis Ababa and the University of Bahir Dar, Ethiopia. She is admitted to practice in
England & Wales and Paris, France. She holds a DEA (J.D. equivalent) from the University
of Paris I (La Sorbonne) and an LL.M from King’s College, University of London. Ms.
Dulac may be contacted at:[email protected].
Elodie Dulac, Senior Associate, King & Spalding LLP, Singapore
13
Conference Speakers
Jeremy Gauntlett SC has appeared as leading counsel in the High and Supreme
Courts of Botswana, Lesotho, Namibia, Swaziland and Zimbabwe. Also in the
Southern African Development Community (SADC) Tribunal in international
law disputes, and the African Commission to the African Court of Justice. He is
a member of the Cape and Johannesburg Bars, and now also practising from
Brick Court Chambers, London. Elected a Bencher of the Middle Temple.
Jeremy Gauntlett is a past President of the Cape Bar, chairman of the General Council
of the Bar of South Africa, vice-chairman of the International Council of Advocates and
Barristers. He practises in commercial and public law, also in arbitration, regulatory
(financial, mining and telecommunications) and competition law. During his career he has
served as IATA and ICC arbitrator, and leading counsel in ICC arbitrations; member of the
Commercial Appeals Panel for the Arbitration Federation of South Africa. Served (part-
time) as a Judge of Appeal of the Kingdom of Lesotho 1996-2010. He is a Commissioner
of the SA Law Reform Commission in respect of its report and draft Bill on International
Arbitration. Jeremy Gauntlett was Beit Scholar at the University of Stellenbosch,
graduating BA cum laude and LL B cum laude. Rhodes Scholar at New College, Oxford,
graduating BCL. Awarded Harvard Graduate Fellowship.
Jeremy Gauntlett SC, Brick Court Chambers, London
Karori was admitted as an Advocate in 1996. He trained in the firm of Kariuki
Muigua & Co. Advocates before setting up his own practice in the name and
style of Kamau Karori & Co. Advocates.
In both firms, he was exposed to a wide range of matters and areas of practice including
commercial litigation, conveyancing and contracts. He joined Iseme, Kamau & Maema
Advocates as the Partner in Charge of the Litigation Department in 2002.
Karori has been involved in ground breaking and high profile commercial disputes and is a
member of the Chartered Institute of Arbitrators and a Certified Public Secretary.
Karori’s areas of specialisation include:
• Arbitration
• Commercial and Banking Litigation
• Constitutional and Human Rights Issues
• Debt Recovery
• Defamation Claims
• Environmental Disputes
• Industrial Disputes
• Insurance Law
• Intellectual Property Litigation
• Judicial Review
• Land Law
• Mortgage Realizations
• Procurement and Regulatory Matters
• Tax Litigation and Advisory
Kamau Karori, Partner, Iseme Kamau & Maema (IKM) Advocates, Nairobi
14
Conference Speakers
Mark is a Partner specialising in commercial litigation. Mark has significant
experience of leading large and complex litigation both in International
Arbitration and the English High Court, including claims supported by urgent
injunctive relief and worldwide freezing injunctions.
Recent work includes arbitration disputes under ICC, LCIA, SCC and UNCITRAL rules
and particular experience in disputes involving cross-border issues, advising on matters
involving jurisdictions in Europe, Africa and South and Central America. Mark provides
advice to a wide range of clients on disputes including contractual and outsourcing
disputes, contact termination, warranty claims, and disputes with subcontractors and
suppliers.
Mark studied and qualified in England and Wales and is a solicitor and member of the
LCIA and YIAG.
Mark co-leads our firm’s Africa Business Group advising on a number of high profile
disputes and compliance issues in the region. Read more about our Africa Business
Group’s recent experience here.
Mark Molyneux, Partner, Addleshaw Goddard LLP, London
Ms. Kamau is an independent legal consultant specialising in the extractive
industries sector. She is currently the Oil and Gas Advisor at Oxfam Kenya
based in Nairobi, Kenya and was previously an associate in the international
arbitration practice of King & Spalding based in Houston, Texas.
She has an LLM from the Graduate Institute in Geneva, a Postgraduate Diploma in Law
from City Law School and an undergraduate degree in economics from the University
of Cape Town. She is a non-practising barrister and was called to the Bar by the
Honourable Society of the Middle Temple. Ndanga Kamau, Legal Consultant, Kenya
15
Conference Speakers
Thomas R. Snider is a shareholder in the International Dispute Resolution
Practice Group at Greenberg Traurig LLP in Washington, D.C., and a Professorial
Lecturer in Law at the George Washington University Law School.
He has represented foreign states and corporate entities in a wide range of matters involving
international arbitration and other forms of cross-border dispute resolution, including state-
to-state arbitration, international commercial arbitration, international investment disputes,
and U.S. court litigation involving the Foreign Sovereign Immunities Act. Most recently, Mr.
Snider has represented parties in arbitrations administered by the International Chamber
of Commerce (ICC), Netherlands Arbitration Institute (NAI), and Vienna International Arbitral
Centre (VIAC).
These arbitrations have involved disputes in a range of industries, including oil and gas,
telecommunications, and luxury consumer goods. Mr. Snider frequently speaks and writes
on topics involving international law and dispute resolution. His publications include Litigating
War: Mass Civil Injury and the Eritrea-Ethiopia Claims Commission (Oxford University Press,
2013) (with Murphy and Kidane). Mr. Snider received his B.A. from the University of Notre
Dame and his J.D. from Harvard Law School. He is a U.S. national.
Thomas R. Snider, Partner, Greenberg Traurig LLP, Washington, D.C.
Roderick Cordara, QC, SC, is a commercial Counsel specialising in international
commercial arbitration. He is based in London, at Essex Court Chambers,
the leading commercial chambers in the UK. He has offices in Singapore
and Sydney. As a litigator, he has advised and represented governments
and corporations in a variety of fields: energy, shipping, financial services,
international trade and tax.
His particular forte is as lead advocate in complex cases, where strategic decision-making
is critical to success. He appeared successfully in an ICC arbitration heard in Tanzania,
concerning power generation (Dowans v Tanesco). He also sits as a commercial
arbitrator. He has conducted mediations involving Government and business interests
in both the UK and Australia. He lectures world-wide on law of insurance, energy issues,
and arbitration law and practice. His email is: [email protected]
Roderick Cordara QC, Essex Court Chambers, London
Saloni is a Kenyan national and was born and brought up in Nairobi. Prior
to joining the Herbert Smith Freehills Dubai office in November 2011, Saloni
worked as a senior lawyer at Clayton Utz in Sydney, Australia.
Saloni has broad dispute resolution experience in the infrastructure sector and has
experience in all methods of dispute resolution, such as: negotiations; mediation; expert
determination; arbitration and litigation. She was recently involved in two major ICC
arbitration proceedings.
Education• BSc from Cornell University (New York) (2002).
• LLB (Honours) from the University of Sydney Law School (2006).
• Admitted as a solicitor of the Supreme Court of New South Wales and Federal Court
of Australia (2006).
• LLM from the University of Chicago Law School (2009).
• Member of the Chartered Institute of Arbitrators (2013).
• Certificate in DIFC Laws (2013)
Saloni Kantaria, Senior Associate, Herbert Smith Freehills LLP, Dubai
16
Conference Speakers
John is a Director at JMiles & Co. and has over 30 years experience advising
on energy, natural resources, trade and dispute resolution matters in Africa.
He has worked with private clients and has represented governments,
including Brunei, Tanzania, Nigeria, Egypt, Sudan, Uganda, India and China
in both arbitration and litigation. Prior to 2006, when based in London, he
was a partner in a large international law firm and has ran offices in Beijing
and Cairo. Between 2006 and 2013 John was the Chairman of ALN, where
he oversaw the development and expansion of ALN’s pan-African strategy,
establishing offices in 13 countries.
He has appeared before ICC tribunals in London and Paris, LCIA, LMAA, GAFTA and
FOSFA. He has lectured on dispute resolution in energy, trade and natural resources in UK,
Mozambique, Kenya, Nigeria, South Africa and Mauritius. John also acts as an arbitrator
in international commercial disputes. Recently, John was accepted as the sole Kenyan-
based member of ICC’s ‘FraudNet’, an ICC network of global experts in fraud and asset
chasing. John can be reached on: [email protected].
John Miles, Director, JMiles & Co., Nairobi
Arthur Igeria is currently the senior partner at the law firm of Igeria & Ngugi
Advocates, Nairobi. He trained at the University of Nairobi, graduating in 1989
with a Bachelor of Laws degree. He also holds a post-graduate Diploma in Law
from Kenya School of Law.
Mr. Igeria is also currently the Chairman of the Nairobi Centre for International Arbitration.
He is a Member of and a Tutor with of the Chartered Institute of Arbitrators (Kenya), as well
as a member of its Branch Committee. He is a member of and a tutor with the Mediation
Training Institute of Kenya. He holds professional memberships with the Law Society
of Kenya and sits of the LSK ADR committee. He is a Certified Public Secretary and a
member of the Institute of Certified Public Secretaries of Kenya. He is also a member of
the Institute of Directors of Kenya.
Arthur Igeria, Nairobi Centre for International Arbitration (NCIA), Nairobi
17
Conference Speakers
Dr. Kariuki Muigua is a distinguished law scholar, an accomplished mediator
and arbitrator with a Ph.D in law from the University of Nairobi and with
widespread training and experience in both international and national
commercial arbitration and mediation.
Dr. Muigua is the current Chairman and a Fellow of Chartered Institute of Arbitrators (CIArb)-
Kenya chapter. He is also a member of the International Bar Association, the International
Commission of Jurists, Human Rights Institute of the International Bar Association, the
London Court of International Arbitration (LCIA), Chartered Institute of Arbitrators (UK),
Young International Arbitration Group, Member of Commonwealth Lawyers Association
and is a Fellow of the Institute of Certified Public Secretaries of Kenya. He is an Advocate
of the High Court of Kenya of over 20 years standing and practicing at Kariuki Muigua &
Co.
Advocates, a firm that specialises in environmental law and commercial law and ADR.
He has undertaken specialised courses specifically on Environmental Impact Assessment
(EIA) and Environmental Audit (EA) which earned him the EIA/EA lead expert accreditation
by the National Environmental Management Authority of Kenya (NEMA).
Currently, he is the Lead Consultant and Expert at Pristine Consultants, an Environmental
Law and Policy Consultancy drawing its clientele from Kenya and elsewhere around the
world.
Dr. Kariuki Muigua, Chairman, Chartered Institute of Arbitrators, Kenya
Bernadette UWICYEZA is the Secretary General of Kigali International
Arbitration Centre (KIAC) since the starting in 2012. She Holds a French Law
degree and a DEA in European Law (Honors) from the University of Rennes I
in France. The special field for Bernadette is business law, management and
policy formulation. She is also an Accredited Mediator CEDR.
Prior to joining KIAC, Mrs. UWICYEZA was a Legal Advisor to the Ministry of East African
Affairs under Trade Mark East Africa Project (2011) assisting the Ministry in legal and
judicial matters of the EAC integration process. She serves also as Legal consultant to
the Ministry of Justice under the Competitiveness and Enterprise Development Project/
World Bank (2006- 2011), coordinating the business law reform program engaged by the
government for easy doing business in Rwanda. She worked earlier to that as Managing
Director in different companies in Rwanda and served as lecturer in different Schools of
law in Rwanda. She speaks English, French & Kinyarwanda.
Her recent publication include:- Bernadette UWICYEZA (Ed.)-New Law Governing contracts in Rwanda -
Rozenberg Publishers-Amsterdam 2013-ISBN 978 90 361 0362 6
Kigali International Arbitration Centre
Bernadette Uwicyeza, Secretary General, Kigali International Arbitration Centre
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Kananu Mutea is a senior principal associate in the Litigation Group of the
firm’s Nairobi office. She has extensive experience representing both corporate
and private clients in court and before administrative tribunals.
Kananu has successfully defended white collar crime and ably handled cases in
employment and labour law, contractual disputes, land and estate planning, disputes in
the Industrial Court, tax litigation in the Commercial and Admiralty Division of the High
Court, landlord and tenant disputes before the Business Premises Rent Tribunal and the
Environment and Land Division of the High Court. She has also represented parties before
the Public Procurement and Oversight Board and at International Arbitrations.
Kananu holds a first class LLB from Nagpur University, India. She is a member of the ADR
Committee of the Law Society of Kenya. Kananu is an alumna of the International Lawyers
For Africa (ILFA) programme, attached to White & Case LLP, London Office in 2010. She
was seconded to Slaughter and May LLP, London in 2014 for the Explore Programme.
She can be reached on [email protected].
Kananu Mutea , Senior Associates, Anjarwalla & Khanna, Nairobi
Duncan is the Registrar of the LCIA-MIAC Arbitration Centre in Mauritius. He
has a degree in English Law with French from the University of Birmingham,
UK, and a Diplôme d’études juridiques françaises in French Law from the
Université de Limoges, France. He was called to the Bar of England and Wales
in 2003, and practised in the fields of commercial, corporate and property
litigation and arbitration.
He was appointed to the Attorney General’s panel of counsel for civil and insolvency
cases, and appeared in the English High Court and Court of Appeal, and before arbitral
tribunals in domestic and international matters.
In 2012 Duncan was appointed as the Registrar of the LCIA-MIAC Arbitration Centre in
Mauritius. As the Registrar, Duncan is the head of the LCIA-MIAC Secretariat, responsible
for the administration of cases under the LCIA-MIAC Rules. He speaks and writes
extensively on the subject of international arbitration, with particular focus on the African
region.
Duncan Bagshaw, Registrar, LCIA-MCIA, Mauritius
Conference Speakers
19
Conference Speakers
Agnes is the Director of Global Operations at the Eastern Africa Economic Chambers of Commerce, based in the London; Agnes works with East Africa stakeholders to provide Market Advisory & Investor Relations to Businesses venturing into East Africa, EAECCs London office collaborates with East Africa’s private sector, Development authorities to promote the region as a competitive
destination for Investment.
Agnes is one of the founding members of Legal & Business Women Network for Africa (LABFA) composed of women Legal & business leaders mostly focused on Investment /Banking Sector. The forum‘s purpose is to create a strong community of driven Africa Women voices (Business &Legal) who will support each other and attract work through their professionalism. The London, Paris, Washington/NY teams assist with mentoring, capacity building and promoting the African Voices. Agnes has for the last year consulted for the Somali Economic Forum, an Economic Think Tank focused on promoting Economic Development for Somalia. Agnes is also the chair of London Africa Media Network, a media for development foundation whose focus is to highlight the critical role Africa media plays towards Africa’s development. The foundation works with Africa media professionals to empower Africa’s media sector. In 2012 Agnes was invited to join the steering committee for ‘Media Futures’ program , an initiative of Kings College Humanitarian Department , working with Senior Editors, Media owners , governments and Academic Institutions to encourage ‘ A Futures approach to Reportage’ Agnes co-authored a report - KENYA’S DIASPORA CAPITAl (Examining the Impact of The Diaspora on Kenya’s Politics & Development which has been a resource for Kenya in developing the Diaspora policy) In 2013 Agnes presented a paper on promoting Regional Integration and Intra Africa Trade (East Africa Perspective) at the Annual Shareholders meeting for Afrexim Bank – Addis Ababa Ethiopia In 2013 Agnes was invited to speak at the UNCTAD Nairobi forum on the role of media in promoting value supply chains in Sub Sahara Africa Agnes has contributed variously on Africa’s debate in International Media platforms e.g Al Jazeera, BBC, Bloomberg Africa, ARISETV, VOX AFRICA and Press TV. She
is a strong Lobby for the Africa rising Story – challenging the narrative on Africa.
twitter@agnesgitau
Agnes Gitau, Director, EAECC, UK
Andrew specialises in international arbitration and public international law.
He has extensive experience of advising states, state-owned entities and major
companies on all aspects of public international law. He has acted in ad hoc
and institutional arbitrations across multiple jurisdictions and under a range of
governing laws, and before the rules of major arbitral institutions.
He has particular experience in the energy sector, including advising major multinational
energy companies on structuring investments and the availability of relief under the Energy
Charter Treaty and bilateral investment treaties. He has also acted in high profile litigation
cases before a range of international and domestic judicial bodies, including the European
Court of Justice and General Court, the UK Supreme Court, House of Lords and Court of
Appeal. Andrew previously worked as a legal adviser to the UK Foreign and Commonwealth
Office, and represented the UK at the UN in New York and the EU in Brussels, as well as in
other international institutions. He has extensive experience of negotiating and advising on
bilateral and multilateral treaties and other international instruments
Andrew Cannon, Partner, Herbert Smith Freehills LLP, London
20
Conference Speakers
Leyou Tameru is a legal professional based in Addis Ababa, Ethiopia. She holds
a undergraduate degree in law from Addis Ababa University and a Master’s
Degree in International Legal Studies from Georgetown University Law Center
where she studied International Commercial Arbitration.
She was a member of the Georgetown International Arbitration Society. Her interest
in International Arbitration has led her to attend and organize a number of forums on
International Arbitration including an annual Conference in IA in Africa. She has consulted
on international arbitration cases and provides legal research on different legal topics.
Leyou speaks fluent French, English and Amharic. Leyou Tameru, Legal Consultant, Ethiopia
Nick acts for a wide range of clients including leading FTSE 100 corporates,
international clients, financial institutions and high net worth individuals. Nick
advises on a wide range of disputes including warranty claims, contractual disputes,
contract termination, and complex fraud claims. As well as acting for clients in the
English High Court, Nick is part of the international arbitration team at Addleshaw
Goddard LLP and has acted on a number of major ICC and LCIA arbitrations.
As part of his role, Nick provides clients with specialist advice on the drafting of arbitration
agreements. In addition, Nick is part of a specialist dispute funding team at the Firm and has
a wealth of experience in the area including advising clients on third party funding agreements,
after the event insurance and conditional fee agreements. Nick is also a leading member of the
Firm’s Africa Business Group and regularly acts for clients in the region. He has recently acted
for clients in Kenya, Tanzania, Ethiopia, Ghana, Libya, the Seychelles and Benin.
Examples of Nick’s recent arbitration experience include:• Acting for a UK FTSE 100 corporation on a series of high value disputes in Kenya
and Tanzania concerning joint ventures in both countries (ICC Rules, London Seat).
• Advising an international client on a US$100m dispute against a major oil and gas
entity in North Africa (ICC Rules, London Seat).
• Acting for an international food, ingredients and retail group in a dispute arising out of
a licence agreement (LICA Rules, London Seat).
Nick Ashcroft, Senior Associate, Addleshaw Goddard LLP, London
Noella Lubano is a Senior Associate in the Litigation Group of the firm’s Nairobi
office. Her practice focuses on a wide range of corporate commercial litigation
as well as constitutional law matters.
She has handled litigation matters involving oil and energy, public procurement, intellectual
property, human rights, arbitration, employment, land and the capital markets.
Noella holds a LLM in Constitutional & Administrative Law from University of Cape Town
and LLB from University of Nairobi. She is an Advocate of the High Court of Kenya and a
member of the Law Society of Kenya. Noella can be reached on: ncl@africalegalnetwork.
com.
Noella Lubano, Senior Associates, Anjarwalla & Khanna, Nairobi
21
Conference Speakers
Rashida Abdulai is an associate in Hogan Lovells’ International Arbitration
practice and a member of the Hogan Lovells Africa team. She has experience
of arbitrations under the LCIA and ICC rules, as well as litigation before
the English Courts. She acts for clients across a range of industry sectors
including energy and natural resources, telecommunications, consumer
beverages and banking and financial services.
Rashida has particular experience of commercial disputes across Africa.
Her recent experience includes acting for a subsidiary of a UK plc in an LCIA arbitration
against an East African company concerning breach of an exclusivity agreement in
relation to a business sale, providing strategic advice regarding intellectual property
disputes in Kenya and Uganda between subsidiaries of publicly listed companies,
acting for a major international oil company in an ICC arbitration in connection with
the sale of crude oil in Gabon, and acting for a multinational offshore drilling contractor
in English Commercial Court proceedings concerning the management of oil rigs in
Angola.
Rashida Abdulai, Associate, Hogan Lovells, London
Paul Ngotho is an Economist, Chartered Surveyor (MRICS) and Fellow of the
Chartered Institute of Arbitrators (FCIArb) with experience in Kenya and UK.
He has arbitration experience in real estate, construction, joint-ventures,
shareholder agreements, insurance and general commercial disputes.
He is on the panels and databases of arbitrators in Kigali International Arbitration
Centre, Cairo Regional Centre for International Commercial Arbitration, LCIA, Stockholm
Arbitration Institute, CADER of Uganda and Chartered Institute of Arbitrators (Kenya).
He is also a member of the Public procurement Administrative Review Board and a pro-
bono mediator at FIDA Kenya.
Website: www.ngotho.co.ke Email: [email protected]
Paul Ngotho, Chief Executive, Centre for Alternative Dispute Resolution (CADR), Nairobi
22
Conference Sponsors
Clyde & Co has been active in East Africa for over 20 years. We have extensive experience
of working for a diverse and ever growing client base of African governments and
national and international companies. Due to its position in the natural resources
market, a substantial number of our lawyers regularly advise on African matters. This
advice extends across the full breadth of the infrastructure, mining, oil & gas and
transportation sectors. We have a proven track record of both advising on complex,
multi-jurisdictional transactions, and providing practical and effective solutions in
both commercial and investment disputes.
Clyde & Co’s dedicated arbitration practice has over 60 partners, with experience in all major
international, regional and specialist industry forums. Recognised by Global Arbitration Review
as possessing “one of the largest dockets of commercial disputes”, we have hundreds of
arbitrations on our books with billions of dollars at stake at any given time. We handle large-
scale and multi-jurisdictional arbitrations across all commercial sectors, but have our deep
sector focus in construction, energy, power, natural resources, marine, trade, transportation and
insurance sectors. With a global network of 37 offices covering six continents, and renowned
for our work in emerging markets, we are uniquely positioned to offer an unrivalled package to
African governments and to multi-national clients with diversified business interests.
Incorporated in 2004 as Courteville Investment Limited, Courteville Business Solutions Plc,
which is now listed on the Nigerian Stock Exchange is an ISO 9001:2008 certified e-business
solutions development company. The Company is focused on process re-engineering in
both the private and public sector by providing cutting edge solutions to complex operational
challenges, through the development and delivery of unique business solution models, revenue
stream improvement and cost management processes.
Courteville is well known in Nigeria and indeed West Africa, as a trusted company with
a reputation for adopting fresh thinking in providing and delivering definitive and innovative
e-business solutions in their unmatched areas of expertise, ranging from the design and
development of customized software and mobile applications, through data capture services,
retail business channel delivery services, dedicated & cloud hosting services as well as tax
administration consultancy services.
Courteville is the patent owner of the AutoRegTM business solution platform, through which
it has created the largest data capture and process platform in sub-Sahara Africa, comprising
over 10,000 operators in about 5,000 outlets in Nigeria and Sierra Leone and over the years,
the Company has honed its expertise and knowledge in the development of IT solutions that
effectively solve endemic and peculiar challenges that are unique to the Nigerian environment
and by extension most developing countries in general.These solutions, which are all web-
based and extremely cost effective to deploy are currently operational in Nigeria and the
Republic of Sierra Leone and include:
• AutoRegTM MVAD (flagship and highly successful service)
• AutoInsure (3rd Party motor insurance retail platform),
• AutoReg InspectorTM (mobile phone based remote verification application)
• AutoRegTM Enumerator (mobile phone based remote data capture application)
• Parent to School Education Administration & Monitoring System (P-SEAMS),
• Courteville Regulated Product Administration & Monitoring Solution
• Centralised Insurance Policies Database Solution.
23
Conference Sponsors
Hamilton Harrison & Mathews founded in 1902, is one of the oldest and largest firms
in Kenya, with 11 partners and 21 associates as well as a significant complement of
para-legal, legal clerical and support staff. The team is supported by excellent IT and
office management resources and has one of the best law libraries in Kenya.
HH&M has been consistently recognised by various legal directories including Chambers
Global, International Financial Law Review and Legal 500, as one of the leading law firms in
Kenya. Its partners have each been individually recognised as leading lawyers in Kenya in their
respective areas of practice. HH&M has a broad spectrum of expertise enabling it to manage
large and complex transactions and litigation within Kenya and across borders. HH&M also
works closely with leading law firms in Africa and around the World to ensure that its clients
receive the best possible service in the Dispute Resolution and Litigation; Corporate and
Commercial law areas of practice. HH&M also has a large portfolio of local and international
arbitration work. Some of its partners sit as arbitrators and as members of Alternative Dispute
Resolution Committees in Kenya and abroad. HHM has its offices in Nairobi at the ICEA
Building, Kenyatta Avenue and recently opened an office in Mombasa.
Founded in 1977, the law firm of Oraro & Company employs lawyers with extensive
experience in different areas of law. The firm is widely acknowledged as on one of the
top firms for dispute work in Kenya. Its broad-based experience includes a variety
of disputes handled on behalf of Commercial Companies, international NGOs and
government bodies.
The Commercial Department of the firm deals with matters of structuring commercial
transactions, mergers and acquisitions and banking and financial arrangements. For many
years, the firm has provided advice to local and foreign investors on the Capital Markets
regulations. The law firm recognizes that Intellectual Property Rights forms a solid asset base
of established corporations locally and internationally and for this reason, its Commercial
Department has a dedicated team dealing with patents, copyrights, trade-marks, industrial
designs and other trade related intellectual property issues.
Addleshaw Goddard is a leading full service international law firm, providing quality-
focused and commercially minded legal advice across a wide range of market sectors
and industries. We have 165 partners and over 700 other legal staff based in offices
in Doha, Dubai, Hong Kong, Leeds, London, Manchester, Muscat, Singapore and Tokyo
(in association with Hashidate Law Office). We also have access to a well established,
multi-lateral network of Preferred Firms, and work equally well with local firms
specifically favoured by clients
The International Arbitration Group at Addleshaw Goddard comprises specialist arbitration
practitioners who between them have decades of experience acting as counsel on major
international arbitrations, advising multinationals, banks and governments on arbitrations seated
in all of the main arbitral centres, including London, Paris, Stockholm and Vienna, and governed
by the procedural rules of the ICC, LCIA, UNCITRAL, SCC, AAA, JAMS and LMAA.
24
Based at our City headquarters at Milton Gate and at our offices in Dubai, Hong Kong, Oman, Qatar and Singapore, our international
arbitration partners are able to draw upon the resources of a leading contentious practice of over 100 lawyers. Through our
relationships with barristers at the pre-eminent arbitration sets, our professional contacts with the arbitrators of the moment and
a select network of premier law firms in other jurisdictions, we are able to source the best mix of knowledge and expertise for any
particular dispute, whatever the governing law or seat of arbitration.
Our clients operate in diverse global markets and sectors and range from FTSE 100 and Fortune 500 corporates based in Europe
and the US to multinationals operating in Far East Asia and the Gulf region and emerging jurisdictions. The diversity of our client base
is replicated in the legal backgrounds and practices of our specialist arbitration partners and senior lawyers.
Brick Court Chambers is one of the leading sets of barristers’ chambers in the
UK. Members of Chambers are involved in a large volume of international work,
frequently instructed directly by lawyers from other jurisdictions, and appearing in
courts and tribunals all over the world.
Brick Court has been established at the forefront of commercial litigation in London for over 40
years, as well as being well known for strong practices in European Community Law and anti-
trust litigation. Members of Chambers also include internationally recognised practitioners in
International Arbitration and mediation.
DLA Piper is a global law firm with 4,200 lawyers in the Americas, Asia Pacific, Europe
and the Middle East, positioning us to help companies with their legal needs around
the world.
We strive to be the leading global business law firm by delivering quality and value to our clients.
We achieve this through practical and innovative legal solutions that help our clients succeed.
We deliver consistent services across our platform of practices and sectors in all matters we
undertake. Our clients range from multinational, Global 1000, and Fortune 500 enterprises
to emerging companies developing industry-leading technologies. They include more than
half of the Fortune 250 and nearly half of the FTSE 350 or their subsidiaries. We also advise
governments and public sector bodies.
Conference Sponsors
Addleshaw Goddard (Continued)
25
Eastern Africa Economic chambers of commerce (EAECC) was founded in 2010 after
the EAC common market treaty was ratified, with an aim to promote and support
development of East Africa regional trade. Our London office works with East Africa
leaders, business and political to promote East Africa as a competitive destination for
investment.
EAECC serves as an information resource for strategic market data, as a facilitator of stakeholder
networking, a broker of key transactions, and a voice for our members and business community
in the creation of ideal business and economic conditions that foster growth and prosperity in
the private sector.
Our Services include:• Market Entry Advisory
• Transaction Facilitation
• Investor missions East Africa
• Business to Business Match making
• Market Research
• Company Verification
• Due Diligence
Our MissionTo promote a business environment that is attractive to companies located in Eastern Africa
by representing their interests at an international level, in the media and by providing a forum
through which ideas and information can be shared.
Our ImpactOur organization enables business people to secure their interests and to diversify by provision
of an adequate platform.
Conference Sponsors
Essex Court Chambers is a leading set of barristers’ chambers specialising in
commercial, international and European law. Its members advise and act in a broad
range of litigation, arbitration and dispute resolution.
Chambers is not a firm, nor are its members partners or employees. Rather, Chambers
contains the separate, self-contained offices of individual barristers, each self-employed and
working separately. Indeed, (as in all specialist sets) individual barristers within Chambers are
commonly retained by opposing sides in the same dispute, both in litigation and arbitration. As
well as acting on opposing sides, individuals regularly appear in front of other members acting
as Deputy Judges or Arbitrators. Members of Chambers may be instructed individually or in a
team to provide a wide range and level of expertise in both contentious and non-contentious
work.
26
Conference Sponsors
Greenberg Traurig, LLP is an international, multi-practice law firm with approximately
1750 attorneys serving clients from 36 offices in the United States, Latin America,
Europe, and Asia.
Greenberg Traurig assists clients in navigating cross-border conflicts, whether conducting high-
stakes litigation or transnational arbitration, enforcing foreign judgments and arbitral awards,
or designing creative procedures and contract provisions to avoid disputes or resolve them
efficiently. Our attorneys have extensive experience with all of the major international arbitration
bodies, including the ICC, LCIA, ICDR, ICSID, and UNCITRAL, as well as ad hoc proceedings.
For additional information, please visit www.gtlaw.com.
As one of the world’s leading law firms, Herbert Smith Freehills LLP represents clients
worldwide, ranging from Fortune 500 multinationals to governments, state-owned
entities and financial institutions. Our clients trust us with their most important
transactions, disputes and projects because of our ability to cut through complexity
and mitigate risk.
Our leading Africa practice, over the past 30 years, has been advising on all aspects of investment
and risk across almost all of the continent’s countries. We have dedicated arbitration specialists
based in offices across our global network and have developed an unrivalled knowledge of our
clients, their counterparties and the major venues and institutions in which cases are pursued.
Hogan Lovells is one of the world’s leading global legal practices. Our legal expertise in
the disputes field means we have an extensive track record of achieving commercially
favourable outcomes in complex, high stakes, cross-border disputes, recognising the
importance of all forms of dispute resolution, including in particular international
arbitration.
Ranked fourth overall in the world in the 2013 Global Arbitration Review “GAR30”, our
international arbitration practice covers all of the major industry sectors. We have extensive
experience of complex, high-value arbitration of all kinds, both in commercial and investment
treaty disputes. With more than 700 lawyers located over 40 offices worldwide, we possess
reputed specialist industry knowledge in numerous jurisdictions, including across Africa, and
provide innovative advice, always mindful of the strategic objectives of our clients. A selection
of our recent international arbitration experience in Africa includes:
• Acting for SABMiller and its Tanzanian subsidiary in two substantial ICC arbitrations in
relation to the breakdown of a joint venture between SABMiller and Diageo plc’s Kenyan
subsidiary, East Africa Breweries Limited.
• Acting for three major international oil companies in ad hoc arbitrations seated in Nigeria
against a Nigerian state entity relating to costs allocation and cargo lifting disputes under
Production Sharing Contacts, with a combined value in dispute of over US$2.5 billion.
• Acting for a West African food manufacturer in an ICC arbitration relating to an exclusive
distribution agreement for Africa.
27
IKM is a leading and fast growing corporate-commercial law firm that offers a full
range of legal services. Our goal is to offer quality, value for money and efficient
representation to achieve best outcomes for our clients’ needs.
The focus is on finding practical and innovative legal solutions. IKM has been advising clients
for close to three decades and has an enviable client base. IKM is an integral part of the DLA
Piper Group and its association with DLA Piper Africa, an alliance of leading law firms working
together across Africa and internationally, gives the firm an opportunity to tap into resources of
lawyers from the Americas, UK, Europe and Asia –Pacific.
This ensures that our clients are provided seamless local, regional and international advice.
IKM and the IKM legal team have been ranked by various international rankings around the
world as among the best commercial-corporate firm in Kenya and consistently achieves the
highest rankings in leading legal directories such as Chambers Global, Legal500,IFLR1000 and
WTR1000.
Conference Sponsors
Hogan Lovells has been present in Africa for more than 30 years. Our Africa Practice brings together members of Hogan Lovells
from across the world who have experience in and regularly advise clients located in or who have an interest in Africa. The team, with
leaders located in our office in Johannesburg, the Middle East, Asia, Americas and Europe, works together regularly, sharing Africa
know-how and news relating to Africa, ensuring that we provide the highest quality service to our clients. To read more about our
Africa practice, please visit www.hoganlovells.com/Africa.
Hogan Lovells (Continued)
JMiles & Co. is a legal services entity that provides specialised services in international
arbitration, investigation and legal consulting out of Africa.
The JMiles & Co. strategy is to provide clients with cost effective legal advice across Africa
without any reduction in quality of work. JMiles & Co. is affiliated to ALN, a leading independent
alliance of top law firms in Africa, with a regional office in Dubai, UAE. The JMiles & Co. team
is experienced in international dispute resolution and in fraud and asset chasing investigations.
They have worked consistently with African governments and international corporations both
on the continent and elsewhere across the world. Further information can be found on: www.
jmilesarbitration.com.
King & Spalding is an international law firm founded over 125 years ago, with more
than 800 lawyers in 17 offices across Asia, Europe, the Middle East and the United
States.
The firm is a world leader in international arbitration, with over 80 specialist arbitration lawyers
representing clients around the globe. Chambers Global 2014 recognized King & Spalding as
one of the top four international arbitration practices worldwide. We have represented clients in
arbitrations involving projects or parties all over the world, in a wide range of business sectors
including the energy, construction, infrastructure, insurance, private equity and real estate
industries.
28
Conference Sponsors
Anjarwalla & Khanna (A&K) is a leading law firm in East Africa that has helped
many businesses set up in Kenya. With over 50 advocates and offices in Nairobi
and Mombasa, the firm has a distinguished track record in many sectors. A&K’s
partners are considered the best in several commercial sectors including Mergers &
Acquisitions, Oil & Gas, Real Estate, Infrastructure, Energy and Natural Resources, Tax,
Banking and Finance, Litigation and Dispute Resolution.
Its clients include banks, private equity funds, real estate developers, government and public organisations and many others both locally and internationally.
The firm continues to be praised for its ability to handle complex corporate transactions and its
reputation for exceptional client service. A&K is ranked number one in Kenya by various legal
guides, including Chambers Global, Legal 500 and ILFR 1000. Chambers 2013 praises A&K as
“[a] force to be reckoned with,” while the 2012 edition of Legal 500 acknowledged that “[t]he
year was a standout one for Anjarwalla & Khanna…marking it out from the other top-tier firms.”
IFLR 1000 praised A&K in 2013 as being “the biggest firm in the market” and highlighted that
it “is generally considered the marketstandard.” In addition, A&K’s top legal minds have been
honoured in 2013: Top Land Law Firm of the Year by Finance Monthly Law Awards; Banking
and Finance Lawyer of the Year Award by Lawyer Monthly Legal Awards; and short-listed as
Law Firm of the Year Award for Africa Oil and Gas Awards.
A&K was the founding member of ALN (formerly known as Africa Legal Network), the first
and most integrated alliance of African law firms and is the exclusive Kenyan member. ALN’s
firms are committed to working together to provide extensive coverage and on-the-ground
experience. By leveraging on the expertise and skills of each legal counsel in the member
firms, the group offers seamless delivery of legal advisory and transactional services, especially
those of a complex and multi-jurisdictional nature.
The Chartered Institute of Arbitrators Kenya Branch, established in 1984, is one among the branches of the Chartered Institute of Arbitrators which was formed in
1915 with headquarters in London.
It promotes and facilitates determination of disputes by Arbitration and other forms of Alternative
Dispute Resolution (ADR), which includes mediation and Adjudication. The institute has over
10,000 members spread out in 90 countries in the world with branches in England, Wales,
Scotland, Hongkong, Europe, Nigeria, Kenya, India and North America among others. It has
affiliations with arbitration bodies and institutions in other countries across the world and with
the London Court of International Arbitration and the International Chamber of Commerce in
Paris. It is a not for profit organization and gained charitable status in 1990.
29
Kigali International Arbitration Centre was established earlier in 2011 by an Act
of Parliament at the initiative of the Rwanda Private Sector in partnership with the
government of Rwanda.
The mission of the Centre is to deliver appropriate, confidential and effective commercial
Dispute resolution to the business community through arbitration services and other Alternative
Dispute Resolution mechanisms such as mediation and adjudication. KIAC registered cases
during the first Year of operations in 2012 , including an international case and this is in itself
a milestone since for a newly established Centre it takes between three and four years to
register cases.
The LCIA-MIAC Arbitration Centre (LCIA-MIAC) is an independent arbitration
institution, based in Mauritius. It offers efficient, flexible and impartial administration
of arbitration and of a wide range of other ADR procedures.
LCIA-MIAC derives support, learning and experience from the London Court of International
Arbitration (LCIA); recognised as one of the world’s pre-eminent arbitral institutions. LCIA-MIAC
offers all the services provided by the LCIA in the UK, under LCIA-MIAC’s own competitive
schedule of fees, and with the same care to ensure the expeditious, cost effective and totally
neutral administration of arbitration proceedings. LCIA-MIAC has a focus upon disputes
concerning African projects or involving African parties. To further the development of the law
and practice of Arbitration in Africa, LCIA-MIAC regularly cooperates with other countries and
organisations in the region to raise awareness and develop expertise.
Conference Sponsors
The Nairobi Centre for International Arbitration was established by an Act of
Parliament to administer international and Domestic Arbitrations and other forms
of dispute resolution.
The Vision for the Nairobi Centre for International Arbitration is to establish itself as the world’s
preferred seat for all forms of alternative dispute resolution providing premier services to all
its clientele and stakeholders. Presently, the Nairobi Centre for International Arbitration is
administered by a Board of Directors with members drawn from various professional bodies
within the East African Region chaired by Mr. Arthur Igeria and managed by the Ag Chief
Executive Officer/Registrar Mr. Lawrence Muiruri Ngugi.
The Nairobi Centre for International Arbitration once fully operational intends to boast of an
internationally recognised list of accredited Arbitrators, mediators and adjudicators and earn
the repute of being the world’s preferred premier seat for dispute resolution.
The Nairobi Centre for
International Arbitration
30
Slujan Events is a leading conference, exhibition and workshop solutions provider. We
specialize in strategic business driven events with specialty niches. Slujan Events has
successfully run business events for decision makers in Hospitality Industry within
East and Central Africa. Our list of clientele encompasses international companies,
national, local, and national governments in these region.
The common denominator of all Slujan Events exhibitions, conferences & workshops are a mix
of focus, timing, and relevance. We continually research key issues in the current market and
identify leading experts in the relevant fields to facilitate our events.
This approach, which guarantees a “bottom line” every time, has positioned Slujan Events to
become one of the leading conference organizers in this region by 2017. In 2013, Slujan Events
successfully organized events benefiting more than 500 delegates within the region. More than
50 speakers contributed to the success of our events which focuses on areas investments,
hospitality, Value chains and many others.
Slujan Events believes in a comprehensive approach – becoming a part of their client’s business
and knowing as much about their operations and challenges as possible. Slujan Events has a
commitment to their clients to provide the highest quality services in a friendly, professional and
efficient manner.
Visit Our Website
Slujan Events LimitedP.O box 13973-00800 Nairobi, Kenya
03 Ring Road Parklands-Westlands
+254 714 33 22 11
www.slujan-events.com
Conference Manager
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Notes
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Improving capacity and highlighting dispute resolution capabilities in the region
FBJBD 28 - 29 July 2014Fairmont the Norfolk
Nairobi-Kenya
EAST BGSJDB!INTERNATIONAL ARBITRATION C O N F E R E N C E
the