Arbitration Law and Practice in Africa - Second Edition
Arbitration Law and Practice in Africa provides a practical and insightful country-by-country analysis of how arbitration is conducted in 11 African countries, including essential information about legislative provisions, treaty adherence, and arbitral procedure. Experts in the field deliver detailed commentary on the history and infrastructure of arbitration for their jurisdiction, as well as an analysis of the current law and practice covering key issues in arbitration. Together with their discussion of significant cases and an appendix of the relevant national legislation the reports are authoritative, but accessible, up-to-date and comprehensive. It is a must for practitioners and scholars alike and every party wishing to gain a solid footing in African arbitration.
Angola
Agostinho Pereira de Miranda and Sofia Martins
Egypt
Mohamed Abdel Raouf
Kenya
Kananu Mutea and Paul Ngotho
Libya
Kamal Sefrioui
Morocco
Amin Hajji and Nadia El Baroudi-Kostrikis
Mozambique
Agostinho Pereira de Miranda, Filipa Russo de Sá and Ricardo Saraiva
Nigeria
Elizabeth Idigbe and Emuobonuvie Majemite
Senegal
Aboubacvar Fall and Amadou Dieng
South Africa
Pierre Burger
Tunisia
Sami Houerbi
Uganda
Phillip Bliss Aliker and Michael Mafabi
APPENDICES
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ANGOLA
Law 16/03 of 25 July 2003 - the Voluntary Arbitration Law (VAL)
EGYPT
Law No. 27/1994 Promulgating the Law Concerning Arbitration in Civil and Commercial Matters
KENYA
Arbitration Act of Kenya 1995 (Amended 2010)
Nairobi Centre for International Arbitration Act 2013
MOROCCO
Official bulletin n°5584 of Thursday, December 6, 2007 Dahir n°1-07-169 1428 of 19 Kaada (30 November 2007) promulgating the law n°08-05 repealing and replacing the Chapter VIII of Title V of the Procedure civil Code
MOZAMBIQUE
Law No. 11/99 of 8 July 1999
SOUTH AFRICA
Arbitration Act 42 of 1965
Recognition and Enforcement of Foreign Arbitral Awards Act 40 of 1977
UGANDA
The Arbitration and Conciliation Act
First Schedule: The Arbitration Rules
Second Schedule: Forms
About the Editors:
Professor Loukas Mistelis, LLB, MLE, FCIArb, is an acknowledged authority on international dispute resolution and investment treaty law. In 2006 he was listed as one of the “leading lights in international arbitration”, 45 under 45, amongst the top 15 highlighted members of the list, is listed on the Who’s Who Commercial Arbitration since 2007 and also a member of the ICSID Panel of Arbitrators as well as the recipient of the GAR Award for best arbitration lecture of 2013. He is also listed as one of the Thought Leaders in International Arbitration.
Loukas Mistelis is the Clive M Schmitthoff Professor of Transnational Commercial Law and Arbitration and the Director of the School of International Arbitration at the Centre for Commercial Law Studies, Queen Mary University of London. He joined Queen Mary University of London in 1998 and became a professor in 2005. He was also Visiting Professor, NYU in London (2006-2012), a Visiting Professor at Pepperdine University London program (2008-2011); he is Distinguished Visiting Professor, National University of Singapore (2013); he was Visiting Scholar at Columbia University Law School (spring semester 2007), Visiting Fellow at NYU Law School (2012), Visiting Professor at Keio University, Tokyo (2008), LUISS, Rome (2009) and Catholic University of Portugal, Lisbon (2007, 2009). He is coordinating the LLM specialisation in Comparative and International Dispute Resolution. He teaches at the LLM programs in London and Paris and is the coordinator of the courses in International Arbitration Law and Practice II, Investment Treaty Arbitration and Investment Arbitration: Substantive Protection and also teaches on the International Commercial Law and International Energy Transactions courses. In Paris Loukas Mistelis teaches International Investment Dispute Settlement, Regulation and Infrastructure of International Arbitration and Applicable Law and Procedures in International Arbitration. Loukas Mistelis has also developed directs our Diploma in International Arbitration by Distance Learning, the Diploma in International Mediation (ADR) by Distance Learning and the Diploma in International Arbitration, which is offered by CCLS with accreditation from the Chartered Institute of Arbitrators.
Professor Mistelis was the Secretary of the CISG-AC (Advisory Council of the Convention on Contract for the International Sale of Goods) from 2001 to the end of 2007. He is a member of the Academic Committee of the Institute of Transnational Arbitration, an academic member of the Investment Treaty Forum, British Institute of International and Comparative Law and a member of the Advisory Board of the EFILA (European Federation of Investment Law and Arbitration) and a member of the Academic Committee of AIPN, Chair of Academic Committee of the Civil Mediation Council and President of the Court of CEDRAC (Cyprus Eurasia Dispute Resolution & Arbitration Centre).
Professor Mistelis was educated in Greece (LLB Hons Athens 1991); France (Certificate in International & Comparative Human Rights, IIHR, Strasbourg, 1990); Germany (MLE, 1992, Law School, Hanover, Germany, 1998); and Japan (Certificate in Japanese international trade law, Law School, Keio University, Tokyo, 1998). He has been a member of the Athens Bar since 1993. He is fluent in English, German and Greek, and has good knowledge of French, and basic knowledge of Polish, Russian and Spanish. Member of Chartered Institute of Arbitrators (CIArb) since 2001, became Fellow of the CIArb (FCIArb) in December 2016.
Laurence Shore became a Partner at BonelliErede in September 2017 and is the Co-head of the firm’s international arbitration practice group. He is resident in the Milan office. Previously, Laurence practiced law in New York and London, where he was a partner at Herbert Smith (1999-2008, 2013-2017) and Gibson Dunn (2008-2013). Laurence has been the lead advocate in a large number of arbitration cases under, for example, the ICC, LCIA, ICDR, AAA, UNCITRAL, Cairo Regional Centre, and Swiss Rules. Laurence also has been called as an arbitrator on more than 25, ICC, ICDR and other arbitrations.
He has experience serving as co-arbitrator, tribunal chair and sole arbitrator in the following arbitral seats: New York, Connecticut, London, Geneva, Paris, The Hague, Montreal, Cairo, Tel Aviv and Cyprus. In addition to his work as an arbitration practitioner, Laurence has tried cases in the United States courts and in England’s High Court. His publications include “You Can Bet the Company but Not the State: The Proper and Improper Conduct of Sovereigns in Arbitration,” World Arbitration and Mediation Review (2009 Vol. 3, Nos. 4-5); “Arbitration, Rhetoric, Proof: The Unity of International Arbitration across Cultures,” in Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2009), Ed. A.W. Rovine (Martinus Nijhoff Publishers, 2010).
About the Contributors:
Phillip Bliss Aliker is a Barrister of the Honourable Society of the Inner Temple at Tanfield Chambers in London specialising in international commercial contractual disputes including international commercial arbitration and ISDS. He is an advocate of the High Court of Uganda and he is admitted as a Foreign Legal Consultant in the State of New York. He is a Chartered Arbitrator and a Fellow of the Chartered Institute of Arbitrators. He is designated by the Chairman of ICSID to his Arbitration and Conciliation Panel, he is on the Chartered Institute of Arbitrators president’s panel, a former vice-president of the London Court of International Arbitration Africa Users’ Committee and on the panel for the Center for Justice in the City of London. He is accredited to UNCITRAL Working Group II and Working Group III as a state delegate for Uganda. He holds a Bachelor of Arts from Vanderbilt University, an LLB from the University of Leeds, and a Diploma in International Commercial & Comparative Arbitration from the School of International Arbitration at Queen Mary University of London.
Nadia El Baroudi-Kostrikis attained a PhD in Law obtained at the Faculty of Law of Montpellier (France). She is an Attorney at law with the Paris Bar Association and European Attorney at Law with the Cyprus Bar Association; Member of the “Collège Européen de resolution des conflits” (Arbitration Court in Paris); Member of the Commission of Law and Practice and Arbitration with ICC Morocco; Attorney at Law with NBK Law Office (Nicosia – Cyprus), Of Counsel of Hajji&Associés (Casablanca – Morocco); Expert for Morocco for the International Distribution Institute (IDI).
Pierre Burger joined Werksmans in Johannesburg in 2006, and currently practises as a Director in the litigation department, with a special interest in alternative dispute resolution, cross-border disputes (primarily within Africa) and mining-related litigation. Pierre obtained his BA (Hons) in Latin at the University of Cape Town and the Vrije Universiteit in Amsterdam in 1996. His course work included transcribing, translating, editing and commenting on the previously untranscribed Casus Codicis of the 12-century legal scholar Wilhelmus de Cabriano. After completing his law degree in 1998, Pierre qualified as an attorney in 2001. A brief sabbatical from the profession in 2002 saw him acting as the legislative draftsman, speechwriter and legal researcher to the Leader of the Opposition in the South African parliament.
Amadou Dieng is an Attorney at law (Paris Bar), specializing in international business transactions, international banking and investment law. Previously, he was a lecturer at the Institute of Latin American Studies (IHEAL) of the University
Sorbonne Nouvelle of Paris and permanent Secretary of the Centre for Arbitration and Mediation of the Chamber of Commerce, Industry and Agriculture of Dakar, Senegal. He also authored different articles on international legal matters, including with regard to the Organization for the Harmonization of Business Law in Africa (OHADA).
Aboubacvar Fall is a Member of the Senegal Bar and a former member of the Paris Bar. He is a Partner at Geni & Kebe which he joined after serving for more than 10 years as Principal Legal Counsel at the African Development Bank (AfDB). He also presided over the Management Board of the African Legal Support Facility (ALSF) which is dedicated to assist African countries in the negotiation of natural resources-related transactions. Dr. Fall has actively participated in the World Bank funded study on Diagnostic of the Legal & Fiscal Framework of the Mining Sector in Senegal.
Amin Hajji is Professor of Law at the Faculty of Law of Casablanca (Morocco); Attorney at Law with the Casablanca Bar Association; Founding Partner of Hajji & Associés (Casablanca-Morocco) and acting Co-chair of the Commission of Law and Practice and Arbitration with ICC Morocco.
Sami Houerbi is Independent Arbitrator. He represents clients in a wide variety of sectors―such as construction and engineering, natural resources. He acts in a broad range of commercial disputes, including those concerning sales of goods, hotel management, licensing, mergers and acquisitions and shareholder agreements. Mr. Houerbi handles both ad hoc and institutional arbitrations seated in Europe, the Middle East and Africa under all major arbitral rules. In addition, Mr. Houerbi acts as Consultant for the ICC International Court of Arbitration. He is in charge of raising awareness about Alternative Dispute Resolution mechanisms throughout the Eastern Mediterranean, the Middle East and Africa. Prior to that, he was member of the Secretariat of the International Court of Arbitration in Paris, where he was directly involved in the administration and managing ICC arbitration proceedings. He holds a post-graduate degree in international law from the University of Paris II and an LL.M in German Law from the Ludwig-Maximilian University in Munich. His working languages are Arabic, English, French and German.
Elizabeth Idigbe is the Managing Partner of PUNUKA Attorneys and Solicitors, a top tier full service law firm headquartered in Lagos, Nigeria. She is a Fellow of the Chartered Institute of Arbitrators UK. Elizabeth is a former Member of the Executive Committee of the Chartered Institute of Arbitrators, UK (Nigeria Branch) Elizabeth has acted as lead counsel to several clients in ad hoc and institutional arbitrations. Her areas of expertise include employment and industrial relations, construction and real estate and intellectual property.
Michael Mafabi is a practicing Advocate of the High Court of Uganda. He is a Partner at Sebalu & Lule Advocates, a member of the DLA Piper Africa Group. (DLA Piper Africa is a Swiss Verein whose members are comprised of independent law firms in Africa working with DLA Piper). His core practice is with the firm’s dispute resolution practice group specializing in International Arbitration and Commercial Litigation. He has experience in both domestic and international arbitration under UNCITRAL, LCIA and ICSID. Michael holds a Master of Laws from Queen Mary, University of London (School of International Arbitration) with a focus on international arbitration in commercial, investment, energy and construction disputes. He is a member of the Uganda Law Society, East African Law Society, LCIA-YIAG, Young ICCA, the Chartered Institute of Arbitrators and the Institute of Transnational Arbitration.
Emuobonuvie Majemite is a Partner at PUNUKA Attorneys and Solicitors and heads both the Property Law and Arbitration and ADR practice groups. He is a Member of the Steering Committee of the Young Members Group of the Chartered Institute of Arbitrators. He is also a Member of the Panel of Neutrals of the Micro, Small and Medium Enterprises Scheme of the Lagos Court of Arbitration and the Chartered Institute of Arbitrators, UK (Nigeria Branch).
Sofia Martins is a Partner and Head of Miranda’s Litigation & Arbitration practice. Sofia has experience in all forms of dispute resolution, notably in the field of arbitration, acting as counsel and also sitting as arbitrator. Sofia has been one of the seven members of the Board of the Arbitration Centre of the Portuguese Chamber of Commerce and Industry since 2012 and sits, since March 2014, on the Board of the Portuguese Arbitration Association. She was co-chair of the CEA-40 (under forty section of the Club Español del Arbitraje) and co-founder and co-chair of APA Sub 40 (under forty section of the Portuguese Arbitration Association). She is also a member of the ICC Arbitration and ADR Committee as well as an officer of the IBA Arbitration Committee. She lectures and writes regularly on arbitration related matters.
Agostinho Pereira de Miranda is the Senior Partner and Chairman of the Supervisory Board of the Portuguese law firm Miranda & Associados (“Miranda”), a Lisbon-based international law firm (www.mirandalawfirm.com) with offices in all eight (8) Portuguese-speaking countries, Spanish-speaking Equatorial Guinea, and the French-speaking African countries of Gabon, Republic of the Congo, Republic Democratic of the Congo, Cameroon and Ivory Coast. Agostinho worked as in-house counsel for Chevron Petroleum Inc. He has worked and lived in Lisbon, Luanda (Angola), London, Houston and San Francisco. Agostinho chairs the Ethics Committee of the Portuguese Arbitration Association and is a member of the ICC Portuguese Arbitration Commission. He seats in the ICSID Panels of Arbitrators and Conciliators. He has taught and written extensively on mining, oil & gas and arbitration legal issues.
Kananu Mutea is an Advocate of the High Court of Kenya with over 10 years of experience in various firms including White & Case, Slaughter & May and Stephenson Harwood in London. She is a Partner in the Litigation & Dispute Resolution Department of Daly & Inamdar Advocates in Nairobi, Kenya, and a Member of the Chartered Institute of Arbitrators (MCIArb). She has specialised in arbitration and in the litigation of arbitration-related and general commercial disputes.
Paul Ngotho is a Chartered Arbitrator, Fellow of the Chartered Institute of Arbitrators (FCIArb) and Member of the Royal Institution of Chartered Surveyors (MRICS). He is a career arbitrator and is on various arbitration panels/lists including LCIA, ICDR, SCC, KIAC, CRCICA, CADER of Uganda and TIA of Tanzania. He is also a member of the ICC Commission on Arbitration and ADR. Some of his articles were published in his 2016 book Contemporary Issues in Arbitration while others are available at www.ngotho.co.ke.
Mohamed Abdel Raouf is Attorney at law, Partner and Head of Arbitration Group at Abdel Raouf Law Firm, Cairo-Egypt and Associate Professor at Université Paris 1 Panthéon-Sorbonne. He is the former Director of the Cairo Regional Centre for International Commercial Arbitration (CRCICA [2012-2016]), mohamed@abdelraouf.com.
Filipa Russo de Sá is a Partner with the Mozambican firm Pimenta & Associados (“Pimenta”), which is a member of the Miranda Alliance (www.mirandalawfirm.com).
Ricardo Saraiva is Senior Associate with Miranda & Associados (“Miranda”). Ricardo has 10 years of experience. His practice is focused on Arbitration & Litigation, Construction and FIDIC Contracts.
Kamal Sefrioui is a Partner at Sefrioui Law Firm and a member of the bars of Paris and Geneva. He acts as counsel in international arbitration, in institutional and ad hoc proceedings. He specialises in international commercial law and in the laws of the Arab world. Sefrioui Law Firm is a Paris-based arbitration practice that was created in 1969. The firm is particularly active in the fields of international trade, construction, aviation, maritime law and investments. The firm has also handled major international litigations, in matters ranging from State responsibility for support of terrorism to the international export of contaminated blood products. Sefrioui Law Firm has historically represented several Arab governments and public entities in their international disputes, relative to both their sovereign and commercial activities. The firm also assists companies on a regular basis, including major industries, financial institutions and investors from Europe, North Africa, and the Arab Gulf. The firm has offices in Paris and in Geneva.
About the Editors:
Professor Loukas Mistelis, LLB, MLE, FCIArb, is an acknowledged authority on international dispute resolution and investment treaty law. In 2006 he was listed as one of the “leading lights in international arbitration”, 45 under 45, amongst the top 15 highlighted members of the list, is listed on the Who’s Who Commercial Arbitration since 2007 and also a member of the ICSID Panel of Arbitrators as well as the recipient of the GAR Award for best arbitration lecture of 2013. He is also listed as one of the Thought Leaders in International Arbitration.
Loukas Mistelis is the Clive M Schmitthoff Professor of Transnational Commercial Law and Arbitration and the Director of the School of International Arbitration at the Centre for Commercial Law Studies, Queen Mary University of London. He joined Queen Mary University of London in 1998 and became a professor in 2005. He was also Visiting Professor, NYU in London (2006-2012), a Visiting Professor at Pepperdine University London program (2008-2011); he is Distinguished Visiting Professor, National University of Singapore (2013); he was Visiting Scholar at Columbia University Law School (spring semester 2007), Visiting Fellow at NYU Law School (2012), Visiting Professor at Keio University, Tokyo (2008), LUISS, Rome (2009) and Catholic University of Portugal, Lisbon (2007, 2009). He is coordinating the LLM specialisation in Comparative and International Dispute Resolution. He teaches at the LLM programs in London and Paris and is the coordinator of the courses in International Arbitration Law and Practice II, Investment Treaty Arbitration and Investment Arbitration: Substantive Protection and also teaches on the International Commercial Law and International Energy Transactions courses. In Paris Loukas Mistelis teaches International Investment Dispute Settlement, Regulation and Infrastructure of International Arbitration and Applicable Law and Procedures in International Arbitration. Loukas Mistelis has also developed directs our Diploma in International Arbitration by Distance Learning, the Diploma in International Mediation (ADR) by Distance Learning and the Diploma in International Arbitration, which is offered by CCLS with accreditation from the Chartered Institute of Arbitrators.
Professor Mistelis was the Secretary of the CISG-AC (Advisory Council of the Convention on Contract for the International Sale of Goods) from 2001 to the end of 2007. He is a member of the Academic Committee of the Institute of Transnational Arbitration, an academic member of the Investment Treaty Forum, British Institute of International and Comparative Law and a member of the Advisory Board of the EFILA (European Federation of Investment Law and Arbitration) and a member of the Academic Committee of AIPN, Chair of Academic Committee of the Civil Mediation Council and President of the Court of CEDRAC (Cyprus Eurasia Dispute Resolution & Arbitration Centre).
Professor Mistelis was educated in Greece (LLB Hons Athens 1991); France (Certificate in International & Comparative Human Rights, IIHR, Strasbourg, 1990); Germany (MLE, 1992, Law School, Hanover, Germany, 1998); and Japan (Certificate in Japanese international trade law, Law School, Keio University, Tokyo, 1998). He has been a member of the Athens Bar since 1993. He is fluent in English, German and Greek, and has good knowledge of French, and basic knowledge of Polish, Russian and Spanish. Member of Chartered Institute of Arbitrators (CIArb) since 2001, became Fellow of the CIArb (FCIArb) in December 2016.
Laurence Shore became a Partner at BonelliErede in September 2017 and is the Co-head of the firm’s international arbitration practice group. He is resident in the Milan office. Previously, Laurence practiced law in New York and London, where he was a partner at Herbert Smith (1999-2008, 2013-2017) and Gibson Dunn (2008-2013). Laurence has been the lead advocate in a large number of arbitration cases under, for example, the ICC, LCIA, ICDR, AAA, UNCITRAL, Cairo Regional Centre, and Swiss Rules. Laurence also has been called as an arbitrator on more than 25, ICC, ICDR and other arbitrations.
He has experience serving as co-arbitrator, tribunal chair and sole arbitrator in the following arbitral seats: New York, Connecticut, London, Geneva, Paris, The Hague, Montreal, Cairo, Tel Aviv and Cyprus. In addition to his work as an arbitration practitioner, Laurence has tried cases in the United States courts and in England’s High Court. His publications include “You Can Bet the Company but Not the State: The Proper and Improper Conduct of Sovereigns in Arbitration,” World Arbitration and Mediation Review (2009 Vol. 3, Nos. 4-5); “Arbitration, Rhetoric, Proof: The Unity of International Arbitration across Cultures,” in Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2009), Ed. A.W. Rovine (Martinus Nijhoff Publishers, 2010).
About the Contributors:
Phillip Bliss Aliker is a Barrister of the Honourable Society of the Inner Temple at Tanfield Chambers in London specialising in international commercial contractual disputes including international commercial arbitration and ISDS. He is an advocate of the High Court of Uganda and he is admitted as a Foreign Legal Consultant in the State of New York. He is a Chartered Arbitrator and a Fellow of the Chartered Institute of Arbitrators. He is designated by the Chairman of ICSID to his Arbitration and Conciliation Panel, he is on the Chartered Institute of Arbitrators president’s panel, a former vice-president of the London Court of International Arbitration Africa Users’ Committee and on the panel for the Center for Justice in the City of London. He is accredited to UNCITRAL Working Group II and Working Group III as a state delegate for Uganda. He holds a Bachelor of Arts from Vanderbilt University, an LLB from the University of Leeds, and a Diploma in International Commercial & Comparative Arbitration from the School of International Arbitration at Queen Mary University of London.
Nadia El Baroudi-Kostrikis attained a PhD in Law obtained at the Faculty of Law of Montpellier (France). She is an Attorney at law with the Paris Bar Association and European Attorney at Law with the Cyprus Bar Association; Member of the “Collège Européen de resolution des conflits” (Arbitration Court in Paris); Member of the Commission of Law and Practice and Arbitration with ICC Morocco; Attorney at Law with NBK Law Office (Nicosia – Cyprus), Of Counsel of Hajji&Associés (Casablanca – Morocco); Expert for Morocco for the International Distribution Institute (IDI).
Pierre Burger joined Werksmans in Johannesburg in 2006, and currently practises as a Director in the litigation department, with a special interest in alternative dispute resolution, cross-border disputes (primarily within Africa) and mining-related litigation. Pierre obtained his BA (Hons) in Latin at the University of Cape Town and the Vrije Universiteit in Amsterdam in 1996. His course work included transcribing, translating, editing and commenting on the previously untranscribed Casus Codicis of the 12-century legal scholar Wilhelmus de Cabriano. After completing his law degree in 1998, Pierre qualified as an attorney in 2001. A brief sabbatical from the profession in 2002 saw him acting as the legislative draftsman, speechwriter and legal researcher to the Leader of the Opposition in the South African parliament.
Amadou Dieng is an Attorney at law (Paris Bar), specializing in international business transactions, international banking and investment law. Previously, he was a lecturer at the Institute of Latin American Studies (IHEAL) of the University
Sorbonne Nouvelle of Paris and permanent Secretary of the Centre for Arbitration and Mediation of the Chamber of Commerce, Industry and Agriculture of Dakar, Senegal. He also authored different articles on international legal matters, including with regard to the Organization for the Harmonization of Business Law in Africa (OHADA).
Aboubacvar Fall is a Member of the Senegal Bar and a former member of the Paris Bar. He is a Partner at Geni & Kebe which he joined after serving for more than 10 years as Principal Legal Counsel at the African Development Bank (AfDB). He also presided over the Management Board of the African Legal Support Facility (ALSF) which is dedicated to assist African countries in the negotiation of natural resources-related transactions. Dr. Fall has actively participated in the World Bank funded study on Diagnostic of the Legal & Fiscal Framework of the Mining Sector in Senegal.
Amin Hajji is Professor of Law at the Faculty of Law of Casablanca (Morocco); Attorney at Law with the Casablanca Bar Association; Founding Partner of Hajji & Associés (Casablanca-Morocco) and acting Co-chair of the Commission of Law and Practice and Arbitration with ICC Morocco.
Sami Houerbi is Independent Arbitrator. He represents clients in a wide variety of sectors―such as construction and engineering, natural resources. He acts in a broad range of commercial disputes, including those concerning sales of goods, hotel management, licensing, mergers and acquisitions and shareholder agreements. Mr. Houerbi handles both ad hoc and institutional arbitrations seated in Europe, the Middle East and Africa under all major arbitral rules. In addition, Mr. Houerbi acts as Consultant for the ICC International Court of Arbitration. He is in charge of raising awareness about Alternative Dispute Resolution mechanisms throughout the Eastern Mediterranean, the Middle East and Africa. Prior to that, he was member of the Secretariat of the International Court of Arbitration in Paris, where he was directly involved in the administration and managing ICC arbitration proceedings. He holds a post-graduate degree in international law from the University of Paris II and an LL.M in German Law from the Ludwig-Maximilian University in Munich. His working languages are Arabic, English, French and German.
Elizabeth Idigbe is the Managing Partner of PUNUKA Attorneys and Solicitors, a top tier full service law firm headquartered in Lagos, Nigeria. She is a Fellow of the Chartered Institute of Arbitrators UK. Elizabeth is a former Member of the Executive Committee of the Chartered Institute of Arbitrators, UK (Nigeria Branch) Elizabeth has acted as lead counsel to several clients in ad hoc and institutional arbitrations. Her areas of expertise include employment and industrial relations, construction and real estate and intellectual property.
Michael Mafabi is a practicing Advocate of the High Court of Uganda. He is a Partner at Sebalu & Lule Advocates, a member of the DLA Piper Africa Group. (DLA Piper Africa is a Swiss Verein whose members are comprised of independent law firms in Africa working with DLA Piper). His core practice is with the firm’s dispute resolution practice group specializing in International Arbitration and Commercial Litigation. He has experience in both domestic and international arbitration under UNCITRAL, LCIA and ICSID. Michael holds a Master of Laws from Queen Mary, University of London (School of International Arbitration) with a focus on international arbitration in commercial, investment, energy and construction disputes. He is a member of the Uganda Law Society, East African Law Society, LCIA-YIAG, Young ICCA, the Chartered Institute of Arbitrators and the Institute of Transnational Arbitration.
Emuobonuvie Majemite is a Partner at PUNUKA Attorneys and Solicitors and heads both the Property Law and Arbitration and ADR practice groups. He is a Member of the Steering Committee of the Young Members Group of the Chartered Institute of Arbitrators. He is also a Member of the Panel of Neutrals of the Micro, Small and Medium Enterprises Scheme of the Lagos Court of Arbitration and the Chartered Institute of Arbitrators, UK (Nigeria Branch).
Sofia Martins is a Partner and Head of Miranda’s Litigation & Arbitration practice. Sofia has experience in all forms of dispute resolution, notably in the field of arbitration, acting as counsel and also sitting as arbitrator. Sofia has been one of the seven members of the Board of the Arbitration Centre of the Portuguese Chamber of Commerce and Industry since 2012 and sits, since March 2014, on the Board of the Portuguese Arbitration Association. She was co-chair of the CEA-40 (under forty section of the Club Español del Arbitraje) and co-founder and co-chair of APA Sub 40 (under forty section of the Portuguese Arbitration Association). She is also a member of the ICC Arbitration and ADR Committee as well as an officer of the IBA Arbitration Committee. She lectures and writes regularly on arbitration related matters.
Agostinho Pereira de Miranda is the Senior Partner and Chairman of the Supervisory Board of the Portuguese law firm Miranda & Associados (“Miranda”), a Lisbon-based international law firm (www.mirandalawfirm.com) with offices in all eight (8) Portuguese-speaking countries, Spanish-speaking Equatorial Guinea, and the French-speaking African countries of Gabon, Republic of the Congo, Republic Democratic of the Congo, Cameroon and Ivory Coast. Agostinho worked as in-house counsel for Chevron Petroleum Inc. He has worked and lived in Lisbon, Luanda (Angola), London, Houston and San Francisco. Agostinho chairs the Ethics Committee of the Portuguese Arbitration Association and is a member of the ICC Portuguese Arbitration Commission. He seats in the ICSID Panels of Arbitrators and Conciliators. He has taught and written extensively on mining, oil & gas and arbitration legal issues.
Kananu Mutea is an Advocate of the High Court of Kenya with over 10 years of experience in various firms including White & Case, Slaughter & May and Stephenson Harwood in London. She is a Partner in the Litigation & Dispute Resolution Department of Daly & Inamdar Advocates in Nairobi, Kenya, and a Member of the Chartered Institute of Arbitrators (MCIArb). She has specialised in arbitration and in the litigation of arbitration-related and general commercial disputes.
Paul Ngotho is a Chartered Arbitrator, Fellow of the Chartered Institute of Arbitrators (FCIArb) and Member of the Royal Institution of Chartered Surveyors (MRICS). He is a career arbitrator and is on various arbitration panels/lists including LCIA, ICDR, SCC, KIAC, CRCICA, CADER of Uganda and TIA of Tanzania. He is also a member of the ICC Commission on Arbitration and ADR. Some of his articles were published in his 2016 book Contemporary Issues in Arbitration while others are available at www.ngotho.co.ke.
Mohamed Abdel Raouf is Attorney at law, Partner and Head of Arbitration Group at Abdel Raouf Law Firm, Cairo-Egypt and Associate Professor at Université Paris 1 Panthéon-Sorbonne. He is the former Director of the Cairo Regional Centre for International Commercial Arbitration (CRCICA [2012-2016]), mohamed@abdelraouf.com.
Filipa Russo de Sá is a Partner with the Mozambican firm Pimenta & Associados (“Pimenta”), which is a member of the Miranda Alliance (www.mirandalawfirm.com).
Ricardo Saraiva is Senior Associate with Miranda & Associados (“Miranda”). Ricardo has 10 years of experience. His practice is focused on Arbitration & Litigation, Construction and FIDIC Contracts.
Kamal Sefrioui is a Partner at Sefrioui Law Firm and a member of the bars of Paris and Geneva. He acts as counsel in international arbitration, in institutional and ad hoc proceedings. He specialises in international commercial law and in the laws of the Arab world. Sefrioui Law Firm is a Paris-based arbitration practice that was created in 1969. The firm is particularly active in the fields of international trade, construction, aviation, maritime law and investments. The firm has also handled major international litigations, in matters ranging from State responsibility for support of terrorism to the international export of contaminated blood products. Sefrioui Law Firm has historically represented several Arab governments and public entities in their international disputes, relative to both their sovereign and commercial activities. The firm also assists companies on a regular basis, including major industries, financial institutions and investors from Europe, North Africa, and the Arab Gulf. The firm has offices in Paris and in Geneva.
Angola
Agostinho Pereira de Miranda and Sofia Martins
Egypt
Mohamed Abdel Raouf
Kenya
Kananu Mutea and Paul Ngotho
Libya
Kamal Sefrioui
Morocco
Amin Hajji and Nadia El Baroudi-Kostrikis
Mozambique
Agostinho Pereira de Miranda, Filipa Russo de Sá and Ricardo Saraiva
Nigeria
Elizabeth Idigbe and Emuobonuvie Majemite
Senegal
Aboubacvar Fall and Amadou Dieng
South Africa
Pierre Burger
Tunisia
Sami Houerbi
Uganda
Phillip Bliss Aliker and Michael Mafabi
APPENDICES
**IN ORDER TO DOWNLOAD THE APPENDICES, PLEASE CREATE A FREE ACCOUNT. ADD ANY OR ALL OF THE PDFS TO YOUR CART AND CHECKOUT.
NO CREDIT CARD INFORMATION WILL BE REQUIRED AT CHECKOUT AND THERE IS NO COST TO DOWNLOAD THEM**
ANGOLA
Law 16/03 of 25 July 2003 - the Voluntary Arbitration Law (VAL)
EGYPT
Law No. 27/1994 Promulgating the Law Concerning Arbitration in Civil and Commercial Matters
KENYA
Arbitration Act of Kenya 1995 (Amended 2010)
Nairobi Centre for International Arbitration Act 2013
MOROCCO
Official bulletin n°5584 of Thursday, December 6, 2007 Dahir n°1-07-169 1428 of 19 Kaada (30 November 2007) promulgating the law n°08-05 repealing and replacing the Chapter VIII of Title V of the Procedure civil Code
MOZAMBIQUE
Law No. 11/99 of 8 July 1999
SOUTH AFRICA
Arbitration Act 42 of 1965
Recognition and Enforcement of Foreign Arbitral Awards Act 40 of 1977
UGANDA
The Arbitration and Conciliation Act
First Schedule: The Arbitration Rules
Second Schedule: Forms