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L-R: Dr Rukia Baruti, Secretary General African Arbitration Association (AfAA); Chief Justice Prof. Sam Rugege; former Nigerian Minister for Justice, Chief Bayo Ojo (SAN); KIAC board chairman, (...)
Different business lawyers across Africa meet in a two day conference to discuss on the challenges affecting arbitration on continent and strategies to address those issues.
Rwanda’s Chief Justice, Prof. Sam RUGEGE, was present on the opening ceremony of the two day from 28th _29th Sept, 2017 conference themed ‘East Africa International Arbitration conference’ on .
Chief Justice, told the business lawyers that the practice of Arbitration in Africa is still uprising however, that there that Alternative Dispute Resolution play a big role in cases that involve investments, Infrastructure and business in general.
He says that Court processes takes longtime and discloses information which are confidential and trade secrets compared to the arbitration which is private and amicable with time saving.
There is no commercial case that cannot be resolved by arbitration except to those outside the scope of commercial transactions like criminal cases, divorce and others that does not deal with business.
Arbitration can also be used on the domestic commercial cases which are not complex and it could negotiable according to the financial capacity of the clients.
Rwanda’s Chief Justice, Prof. Sam RUGEGE
Rwanda arbitrators and Business lawyers should exploit the available opportunities and learn from the international experts in solving commercial conflicts especially involving foreign investments.
However, advocacy and awareness on the arbitration in Rwanda is very much needed to attract the litigants to for the arbitrations.
Dr. Fidelle Masengo, Executive Director, KIAC, Kigali International Arbitration Centre says what is needed is to marketing campaign so that the people could understand that the institution is live and working.
He says, business community and Government authorities know well that Arbitration would help but they are still limited by the cost which is very high.
“We have been receiving cases around the world from USA, Pakistan, Uganda and Kenya which imply that we are becoming the regional hub for the international arbitration on the costs of arbitration and litigations there is a difference. However, when you look at the payment you use to pay advocates and all court fees for instance in the period of four years litigations you find that the lagging of time in the court proceedings’ is very expensive,” he says.
Wairimu Karanja, Legal Consultant, EnVantage Law, Kenya, a Law firm that gives legal advisories on the commercial and investments says the African arbitrators need to be equipped with skills so that they could arbitrate international cases. “This will put their level on the international market,” she adds.
Wairimu Karanja, Legal Consultant, EnVantage Law, Kenya.
Noella Lubano, partner,Oraro and Co. Kenya, also believes that there is a need for more African lawyers to participate in international arbitration cases involving African parties or transactions but is quick to add that ” collaborations with International Law Firms may be necessary for capacity building and transfer of knowledge and expertise
Noella Lubano, partner,Oraro and Co. Kenya .
Abdallah El Nokaly, Egyptian Lawyer and Associate in Al Tamimi law firm, expressed his enthusiasm and optimism about measures to be taken in order to strengthen bonds that are already tight.
Abdallah El Nokaly, Egyptian Lawyer and Associate in Al Tamimi law firm.
“I strongly believe that Africa could be one of the leading continents in the Arbitration field”. And that Egypt has an important role in promoting Arbitration in Africa, and expressed his will to collaborate along with his firm in order to achieve this purpose.