Name of arbitrator:

Adedoyin Rhodes-Vivour (Chartered Arbitrator, CEDR [UK] Accredited Mediator)

Education, awards and selected publications:

Education and Qualifications

• LL.B [Hons.] from University of Lagos, Akoka, Yaba, Lagos State [1980]
• Called to the Nigerian Bar [1981]
• LL.M from University of Lagos, Akoka, Yaba, Lagos State [1986]
• Master of Arts degree [MA] with merit in International Peace and Security from King’s College London, University of London [2002]
• Chartered Arbitrator [2004]
• CEDR [UK] Accredited Mediator [2006]

Awards/Recognitions

• Recognized and selected to participate in the ‘Young African Leaders Programme’ sponsored by the United States Government in conjunction with the Phelps Stokes Fund (International Visitors Programme) [1990].
• Recipient- British Government Chevening Scholarship in the area of peaceful settlement of International disputes [2005]
• Recipient- Chairperson of the Year Award [Arbitration and ADR Committee] of the Section on Business Law Nigeria Bar Association [2006 and 2009].
• Recipient- The Lagos Chamber of Commerce International Arbitration Centre (LACIAC) Visionary Award [2018].
• Recognized by the Office of the Public Defender Lagos State Government (provider of free services to indigent and vulnerable residents of Lagos State) – as outstanding provider of pro bono legal services in 2018.
• Listed in editions of Who’s Who Legal and recognized as one of the World’s leading arbitrators.
• Listed in editions of Guide to the World’s leading Commercial Arbitration Experts as a preeminent professional in the field of arbitration.

Publications:

• Commercial Arbitration Law and Practice in Nigeria through the cases, Adedoyin Rhodes-Vivour, LexisNexis, 1^st Edition, 2016.
• Damages in International Arbitration – Published in “A life of Law & Business; Essays in Honour of Chief (Dr.) Chris Ogunbanjo OFR, CON” p. 346, December 2018.
• Immunity of Arbitrator –The International journal of Arbitration, Mediation and dispute management. Vol. 83, No. 4, November 2017, P. 391-505.
• Recognition and Enforcement of an International Arbitral Award under Section 51 and 52 of the Nigerian Arbitration and Conciliation Act published in the 2016 Edition of Commercial Arbitration Expert Guides, P. 74-75.
• Recent Arbitration Act and the Lagos State Arbitration Law: A Comparison published in the Journal of the Chartered institute of Arbitrators UK, the international Journey of Arbitration, Mediation and Dispute Management February 2010, Vol. 76, No. 1, p. 130-133.
• Security for the Respondent’s Costs of Arbitral Proceedings with particular reference to the Arbitration and Conciliation Act Cap 19, 1990 Laws of Nigeria (ACA)– published in the News journal of the Chartered Institute of Arbitrators Nigerian Branch Vol. 2 No. 1, January 2005.

Countries qualified to practice:

• Nigeria [1981]

Language(s):

• English Language
• Yoruba Language

Name of firm or institution:

Doyin Rhodes-Vivour & Co (9 Simeon Akinlonu Crescent, Oniru Private Estate, Victoria Island Extension, Lagos, Nigeria)

Brief background on your experience working on disputes in Africa:

I was called to the Nigerian Bar in 1981 after graduating from the University of Lagos in 1980. I have practiced law for almost four decades and I have also built up an arbitral and ADR practice since I first started out in the field in the early 90’s. Acquiring knowledge in the field was critical for me and I attended various high level training programs organized by reputable arbitral institutions.

I applied and was admitted to the Chartered Institute as an Associate member in 1995. I received my first appointment in 1998 as an arbitrator. The dispute involved a multinational oil corporation. I was conferred with fellowship status of the Chartered Institute of Arbitrators in 1999 and later elevated to Chartered Arbitrator status in 2004.

I have acted as sole arbitrator, member of arbitration panels, and represented parties as counsel in ad hoc, domestic and international arbitrations. I have also served on the board of various arbitral institutions. I was the founding president of the Maritime Arbitrators Association of Nigeria (2005 – 2010). I am a member of the International Chamber of Commerce (ICC) International Court of Arbitration and the ICC Commission on Arbitration and ADR. I am a member of the International Law Association (ILA) International Committee on International Commercial Arbitration and the Pioneer Chair, Committee on International Commercial Arbitration of the International Law Association (ILA) Nigerian Branch. I am the Chairperson, Chartered Institute of Arbitrators [UK] Nigerian Branch [2016 till date].

Over the course of the years I have seen an appreciable increase in the number of African arbitrators on the international plane. I have seen visionary African governments and institutions mobilizing with a view to placing their jurisdictions on the world map of arbitration as favorable seats. I have seen more African countries adopting the Model law since Nigeria; the first African Country to adopt the Model Law did so in 1988. I have witnessed a deeper awareness of the need to address diversity concerns in international arbitration with top international arbitral institutions taking the lead. I am delighted by the number of younger practitioners also building up their careers.

What do you consider as the biggest challenges facing local firms and practitioners working on disputes in Africa? How do you think this challenges can be tackled?

A major challenge facing local firms and practitioners is the litigious mindset of disputants. Other challenges including having up to date arbitral laws (African Countries have to ensure that their laws are modern and up to date) and addressing diversity concerns. African governments must ensure that they have up to date infrastructures and security concerns are addressed. There must be more travel connectivity within African Countries.

The use of statistics has highlighted the need to address the geographical disparity amongst the players in the arbitration field. Research conducted by major arbitral institutions confirm that there is a low number of African arbitrators being appointed on the international plane. International institutions are now taking steps to address the disparity. In 2018, the International Chamber of Commerce (ICC) Court of Arbitration created an African Commission of the Court in recognition of Africa’s relevance as one of the world’s fastest growing economies, the region with the greatest need for international investments and a jurisdiction where the offer for robust and high-quality dispute resolution services is most relevant. The ICC African Commission aims to develop training efforts in order to expand the pool of available African arbitrators for the many disputes that arise in the region. The London Court of International Arbitration (LCIA) is involving Africans and maintaining contact with the African continent through various initiatives including creating a platform for African users (the LCIA African Users’ Council), transparency in its caseload information, entering into collaborative arrangements with various arbitral organizations and African Institutions. The Chartered Institute of Arbitrators also continues to do a great deal of work in Africa through its high quality training. African lawyers, have realized the importance of developing specialist arbitration skills. Africans are now actively calling for African disputes to be heard in Africa, and not exported to international centres. African Institutions are also playing key roles and making efforts to position themselves as effective centres.

In 2018, the African Arbitration Association (AFAA), a non-profit private sector-led association was established to serve as the continent’s promotional body for international arbitration and other forms of international dispute resolution. Its members include leading African international arbitration and ADR practitioners as well as African arbitration institutions and initiatives. Its role is to support the continuing development of international arbitration in Africa and promote its members and their activities in international arbitration and international dispute resolution and also serve as a source of information on arbitrating in Africa.

Given your experience as Chairman of the CIArb (Nigerian Branch) and member of the ICC Court, in what ways can arbitration be used as a strategic tool for attracting foreign direct investment in Africa?

Effective dispute resolution system is always a sine qua non for economic development. The reality is that international investors prefer effective dispute resolution systems outside the Court system. Thus, Africa ensuring that it has suitable alternative for resolving disputes outside the court system would definitely engender economic growth and development. Equally relevant is the need to have up to date infrastructure, secured environment, expeditious court system and trained world class arbitrators.

With more African States acceding to the New York Convention, what are your thoughts on the enforcement trends in Africa?

The New York Convention is regarded as the single most important and successful United Nations treaty in the area of international trade law. It is widely recognized as a fundamental instrument of international arbitration and a main pillar for the promotion of international trade and investment. The Convention provides common legislative standards for the recognition of arbitration agreements and recognition and enforcement of foreign and non-domestic arbitral awards by the courts.

Countries that have acceded to the convention are considered as investor friendly and such countries engender the confidence of the international business community. There are still some states in Africa that are yet to accede to the New York Convention (e.g. Chad, Congo, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea-Bissau, Malawi, Namibia, Sierra Leone, South Sudan, Sudan, Swaziland and Togo). This can only militate against their perception as favorable jurisdictions for investment and countries with a relatively easier ease of enforcing arbitral awards. Indeed, it will be delightful if more countries in Africa were signatories to the New York Convention and our courts render expeditious decisions when such applications come before it.

What advice do you have for young arbitration practitioners who see you as their role model?

First class education and training is essential for young practitioners. They should ensure they are knowledgeable on international best practices and commit to practicing in accordance with those standards. Effective networking and attendance at international arbitration conferences, seminars and arbitration moots are equally necessary. Finally, dedication, hard-work and willingness to be of service are all equally essential.