Name of Arbitrator: 

Samaa A. F. Haridi

Education, awards, selected publications:

Education

• Diplome d’Etudes Approfondies (D.E.A.) in Private International Law, University of Paris I Panthéon-Sorbonne
• M in Comparative Law, University of San Diego
• Maîtrise en Droit, with honors, University of Paris I Panthéon-Sorbonne

Awards

• Burton Award for Legal Achievement (Excellence in Legal Writing)

Rankings

• Who’s who, International Arbitration Thought Leaders (2018)
• Chambers USA, International Arbitration (2018)
• Legal 500 U.S. (2018)

Selected Publications

• Chapter Publication “Enforcement of ICSID Awards” published in “International Arbitration in the United States,” Wolter’s Kluwer, (2017)
• “Public Policy: Can the Unruly Horse be Tamed?” The International Journal of Arbitration, Mediation, and Dispute Management, (02.2017)
• “Using New York Fora to Enforce Judgments After Motorola Credit Corp. v. Standard Chartered Bank and Daimler AG v. Bauman.” New York Dispute Resolution Lawyer (NYSBA), (04.2016)
• “Towards Greater Gender and Ethnic Diversity in International Arbitration.” International Arbitration Review of the Bahrain Chamber for Dispute Resolution, (02.2016)
• “The Public Policy Exception Under the New York Convention: The Unruly Arabian Horse in the Middle East Region.” Transnational Dispute Management,  (03.01.2015)
• “Enforcement of International Arbitration Awards in New York.” New York Law Journal, (04.2013)
• “Set-Aside Actions in France Under the New 2011 Arbitration Law.” IBA Newsletter, (09.2012)
• “Syria and Lebanon Strengthen Investment Ties Despite Political Uncertainty and Instability.” International Dispute Resolution Alert, (08.2011)
• “The Cairo Regional Centre for International Commercial Arbitration (CRCICA) Newly Revised Arbitration Rules: Incorporating the New UNCITRAL Model Rules of 2010 and Expanding the Centre’s Role as an Appointing Authority.” Transnational Dispute Management, (03.2011)

Countries qualified to practice:

• USA (New York and California)
• England & Wales

Language(s):

• French
• Arabic
• English
• Spanish

Name of law firm or institution:

Hogan Lovells US LLP

Area(s) of specialisation:

International Commercial and Investment Treaty Arbitration

Institutional affiliation(s):

• Vice-Chair, Arbitration Committee, International Bar Association
• Member, Advisory Council of Africa Arbitration (AA)
• Vice President of the LCIA Arab Users’ Council
• Member, ICC International Court of Arbitration
• Member, Advisory Committee, and Panel of Arbitrators of the Cairo Regional Centre for International Commercial Arbitration (CRCICA)
• Member, Panel of Arbitrators of the International Centre for Dispute Resolution (AAA/ICDR)
• Member, Panel of Arbitrators of the Dubai International Arbitration Center (DIAC)
• Co-editor-in-chief, ICC Arbitration Bulletin
• Editorial Board Member, Kluwer Journal of International Arbitration
• Member, Arbitral Women
• Board Member, Arab Bankers Association of North America (ABANA)
• Member, French-American Bar Association (FABA)
• Member, Association of the Bar of the City of New York (International Commercial Disputes and Middle East Committees)
• Member, New York International Arbitration Club

What skills do you think are important for an arbitrator to have?

I believe the most important skill for an arbitrator to have is to be able to listen to the parties and respect the principle of party autonomy.  That includes not only the ability to study and process all of their factual and legal arguments, but also to actively solicit their views and consider them in shaping the proceedings.  Arbitration is a creature of consent, and it is therefore of critical importance to hear the parties and to give them an opportunity to express their views on the way the arbitration should be conducted.  If there are disagreements, then the arbitrator’s responsibility is to decide how to move the process forward in the most efficient manner possible, while juggling and balancing all of his/her duties, including the duties of equity and due process.

What challenges do you think are confronting African arbitrators?

The most important challenge is the lack of opportunities.  There is still a very significant gap, as reflected in all publicly available information on this subject, between appointments of arbitrators from countries like the United Kingdom, France, the U.S. (to name a few) and arbitrators from countries in other parts of the world, including Africa.

While the landscape is changing slowly, we are still confronting an overall lack of confidence towards the appointment of less known arbitrator candidates that are not based in the main global arbitration hubs.  Parties, counsel and institutions should overcome the urge to appoint the “usual suspects,” and open up the system to others who are equally (if not more) deserving.  The future of arbitration will be brighter if all of the members of the international arbitration community recognize that the quality of their awards will be heightened by the increased diversity of their decision-makers.

How effective are the arbitration laws/institutions in Africa?

I have had overwhelmingly positive experiences with institutions in Africa, starting with the Cairo Regional Centre for International Commercial Arbitration (CRCICA), with which I often interact as counsel and as arbitrator (in addition to being a member of its Advisory Committee), as well as other centers located on the Continent (like the Kigali International Arbitration Centre, or the LCIA-MIAC, to name a few). There is a genuine ongoing effort to build a solid arbitral infrastructure on the African Continent (including advocacy and lobbying to build a pro-arbitration legal framework and judiciary) with a large number of stakeholders that are invested in the success of these initiatives.  It is important, however, not to dilute these efforts by multiplying institutions rapidly and unnecessarily (a phenomenon which we are seeing in Africa, and have seen in other regions) and compromising the quality of offerings.

How would you rate the judicial support for arbitration in Africa? How effective is the support?

Judicial support is improving but it is not yet consistent across jurisdictions and court levels (when comparing courts of first instance to courts of appeal or cassation, for example).  It is important to ensure that the local judiciary will support arbitration and uphold the New York Convention, interpreting its provisions in accordance with accepted international practice.

How can arbitration in Africa be improved?

To improve arbitration in Africa, we can work together towards:

• Enabling Africans with qualifications and experience in international arbitration to act as counsel and sit as arbitrators in international proceedings and raising their profiles in the international arbitration community
• Promoting arbitration-friendly judicial decisions emanating from African jurisdictions to increase confidence in the use of African cities as seats of arbitration
• Pursuing ongoing efforts to increase familiarity with international arbitration and related enforcement framework by members of the judiciary on the African Continent
• Providing top quality case administration services by the key arbitration institutions on the Continent
• Soliciting senior international arbitration scholars or practitioners to teach specialized courses in Africa
• Familiarizing members of the business community in Africa with the benefits of resorting to international arbitration