The Fifth SOAS Arbitration in Africa Conference Series

SOAS - Khartoum/Arusha Arbitration in Africa Conference in Partnership with Bannaga & Fadlabi LLP. (Sudan) and African Institute of International Law (Arusha, Tanzania)

Best Practices in Arbitration and ADR in Africa

 International Convention Centre, Arusha, Tanzania

12-14 February 2019

Hosted by:

Bannaga & Fadlabi LLP.

African Institute of International Law

( REGISTRATION CLOSED )

DRAFT Program

IMPORTANT DISCLAIMER: This program and listed speakers/moderators may change. The Final program is the version for the conference.

 

Day 0: Tuesday, 12 February 2019

17:30-18:30: Registration of attendees (venue tbc)

18:30-20:00: Welcome reception (tbc)

Anchor person: Ms. Ilham Kabbouri, Hogan Lovells

 

Conference languages: English and French

 

Day 1: Wednesday, 13 February 2019

(The primary focus of discussions will be commercial arbitration)

 

08:00-09:15: Registration of attendees

09:20-09:30: Welcome by Anchor person: Ms Ilham Kabbouri, Hogan Lovells LLP

09:30-09:40: Welcome by Dr. Emilia Onyema (SOAS University of London)

09:40-09:50: Welcome by Mr Ahmed Bannaga (co-host, Sudan)

09:50-10:00: Welcome by Amb. Sani Mohammed (co-host, Arusha)

10:00-10:20: Welcome by H.E. Prof Dr. Kennedy Gastorn, SG, AALCO

 

10:30-11:00: Keynote Address by Mrs. Olufunke Adekoya, SAN

 

11:00-11:30: Group Photo and Tea Break

 

11:40-12:50: Panel 1:

Africa’s Experience in Adopting UNCITRAL Model Law on Arbitration

(This panel will examine the experience of the 11 African states that have adopted the Model Law and provide a recommendation whether other African countries should adopt or adapt the Model Law from their own experience. The panel will focus in particular with peculiarities from their own jurisdiction and interpretation of their courts and the courts of other Model Law jurisdictions).

 

Chair: Ms. Esine Okudzeto

 

Speakers:

1. Mr. Kizito Beyou will speak on the experience of Ghana and why Ghana did not adopt the Model Law wholesale.

2. Ms. Njeri Kariuki will speak on the experience of Kenya and why Kenya adopted the Model Law wholesale.

3. Dr. Sylvie Bebohi will speak on the experience of OHADA and its revised arbitration law.

4. Mr. Hamid Abdulkareem will speak on the experience of Nigeria and the proposed amendments to its arbitration law.

5. Mr. Teyeb Hassabo will speak on the Sudanese Arbitration Law

 

13:00 - 14:20: LUNCH

 

14:30-15:30: Panel 2:

Africa’s Experience in adopting UNCITRAL Arbitration Rules

(Arbitration centre’s will share on their experience of basing their rules on UNCITRAL Rules and their experience of administering arbitration references under the rules. They shall focus in particular on the provisions which have been very difficult for them to apply).

 

Chair: Dr. Jean-Alain Penda Matipe

 

Speakers:

1. Cairo Regional Centre: Dr. Selim Ismail (will also speak on the AALCO centres)

2. Kigali IAC: Dr. Fidele Masengo on why KIAC adapted the 2010 revision on the UNCITRAL Rules.

3. GICAM: Dr. Marie-Andree Ngwe will provide a counter view on rules more influenced by the ICC Rules.

 

15:35 – 15:55: Tea Break

 

16:00 - 17:15: Panel 3:

Enforcement of Arbitral Awards in Africa

(This panel will discuss developments in their jurisdictions on the enforcement of arbitral awards under the NYC or their national laws through an analysis of recent important cases. The foreign speakers will share from their own experience of enforcing awards/judgements in African jurisdictions)

 

Chair: Dr. Nagla Nassar

 

Speakers:

1. Mr. Ahmed BANNAGA on the view from Sudan

2. Dr. Babatunde Ajibade, SAN on the view from Nigeria

3. Mr. Shane Voigt on the view from South Africa

4. Mr. Kamau Karori on the view from Kenya

5. Mr. Tim Taylor, QC on the view from outside Africa

 

END of DAY 1

 

 

Day 2: Thursday, 14 February 2019

(The primary focus of discussions will be investment, investment arbitration and ADR)

 

09:00-10:00: Panel 4:

The African Continental Free Trade Area Explained

 

Chair: Mrs. Mia Essien, SAN

 

Lead paper: Mr. Adetola Onayemi on the African Continental Free Trade Area Agreement and its possible impact on the flow of investments within and outside Africa.

 

Discussants:

1. Prof. IDr.issa Bachir Talfi on the African Continental Free Trade Agreement and the OHADA Region

2. Ms. Leyou Tameru on the African Continental Free Trade Agreement and IGAD/Ethiopia

3. Mr. Gerald Alfadani.

 

10:05-11:10: Panel 5:

African States, Foreign and Domestic Investments

(This panel will discuss the experience of African states and their push to attract foreign investments. It will discuss the role of domestic investors and how they can be better incentivized and protected; and finally discuss what will attract foreign investors to African States.)

 

Chair: Amb. Sani Mohammed

 

Speakers:

1. Mr. Mouhamed Kebe on the experience of Senegal

2. Mr. Bobby Banson on the experience of West African states.

3. Dr. Achille Ngwanza on the experience of the OHADA region

4. Ms. Xander Meise from the perspective of advisor to foreign investors on what will attract them to African states.

 

11:15 - 11:30: Tea Break

 

11:35 - 12:50: Panel 6:

Africa’s Engagement with ISDS

(This panel will discuss the cases African states and investors have been involved in ISDS to determine a trend and suggest how their success rates can improve; and explore other dispute resolution mechanisms that may serve these parties better especially where all parties are African. It will also engage with the Pan-African Investment Code.)

 

Chair: Dr. Emilia Onyema

 

Speakers:

1. Dr. Chrispas Nyombi on the need for a Pan-African Investment Court

2. Prof. Paul Idornigie, SAN on the Nigerian-Morocco BIT

3. Dr. Mostfa Bek El Behbety on Egypt’s experience and remedial action.

4. Prof. Makane Moise Mbengue on the Pan-African Investment Code.

5. Prof. Mohamed S. AbdelWahab on the future trajectory for Africa in ISDS

 

13:00 - 14:20: LUNCH

 

14:30 - 15:40: Panel 7:

Culture of Arbitration and Institution Building in Africa

 

Chair: (TBC)

Lead Paper: Mr. Olisa Agbakoba, SAN: Culture of Arbitration and Building Institutions in Africa

 

Discussants:

1. Mr. Thierry Gakuba Ngoga

2. Mr. Edward Luke Fashole III

3. Ms. Eunice Shang-Simpson

4. Mr. Anand Juddoo

5. Mr. Abdallah El Nokaly

 

15:40 - 15:55: Tea Break

 

16:00 – 17:15: Panel 8:

The modernisation of other ADR Processes in Africa

(This panel will engage with mediation and negotiation in dispute resolution)

 

Chair: Ms. Suzanne Rattray

 

Speakers:

1. Prof. Hiro Aragaki on teaching ADR

2. Mrs. Caroline Etuk on court annexed ADR services (multidoor courthouse)

3. Dr. Muigua Kariuki on Experience from Kenya and her 2010 Constitution

4. Ms. Madeline Kimei on Online Dispute Resolution or “ODR4Africa”

 

17:15 - 17:30: Closing ceremony

 

19:00 – 21:00: Closing dinner (TBC)

Conference Contacts:

Bannaga & Fadlabi LLP:

First Floor - 471, Mamoun Behiri Street

P.O Box: 2256 – Khartoum

Tel: +249 155145853

African Institute of International Law

3rd Floor Kilimanjaro Wing, Arusha International Conference Centre,

Arusha, Tanzania.

Tel: +255 785 079 573

      +234 706 904 3693