Name of arbitrator:

Phillip Bliss Aliker

Education, awards and selected publications:

Education:

• Vanderbilt University BA 1985
• University of Leeds LLB (Hons)
• Queen Mary University of London
• Diploma in International and Comparative Arbitration 2003
• Barrister of the Honourable Society of the Inner Temple and of the Honourable Society of Gray’s Inn (Ad eundem)

Awards/Recognitions:

• Chambers & Partners Global

Ranked UK based foreign expertise:- Kenya (Dispute Resolution), Uganda (General Business Law).

• Designated by the Chairman of ICSID to the Panel of Arbitrators and Conciliators for term of 6 years

Selected Publications:

• Co-author: World Arbitration Reporter Uganda
• Author: Uganda section in ICCA Handbook on International Commercial Arbitration.

Countries qualified to practice:

• Uganda
• Kenya
• England and Wales
• New York

Languages:

• English
• Swahili

Name of law firm or institution:

Tanfield Chambers, London

Arbitration Chambers, Nairobi

Institutional affiliations:

• Uganda Law Society
• East African Law Society
• African Arbitration Association
• Bar of England and Wales
• Commercial Bar Association
• London Court of International Arbitration
• Royal African Society
• International Lawyers for Africa
• Chartered Institute of Arbitrators
• Africa International Legal Awareness
• UNCITRAL Working Groups II and III
• International Council of Commercial Arbitration
• Worshipful Company of Arbitrators
• ICSID Panel of Arbitrators and Conciliators and the Centre for Justice

Please provide a brief background of yourself and experience working on disputes in Africa.

Good things come out of adversity – one learns a great deal. A refugee from Uganda to Kenya in the 1970s’, I quickly understood the importance of resilience, adaptability, integrity and our shared common humanity. The marshalling of these skills is sustaining in international legal practice.

A chance meeting with a Nigerian solicitor early on in my career in London produced a steady flow of high value international commercial disputes work principally from West Africa. Ironically, without this work, it would have been much more difficult to get established in international commercial disputes originating from East Africa. Africa has a great deal to learn about commitment from Nigerians.

I am currently working on African arbitration disputes as counsel or as arbitrator in Egypt, Sudan, Nigeria, Liberia, Kenya, Uganda, Ethiopia and Zambia.

Please provide a summary of the legal regime for arbitration in Uganda.

The Uganda Arbitration and Conciliation Act 2000 is based on the UNCITRAL Model Law. Uganda is a signatory to the New York Convention. It is a pro-enforcement jurisdiction. The supervision of arbitration is the High Court.

What do you consider as the biggest challenge facing international law firms/chambers and practitioners working on disputes in Africa? How do you think this challenge can be tackled?

This is the elephant in the room. True or imagined, integrity issues are the biggest challenges for all those working on disputes in Africa. This causes disproportionate harm.  The speech by the Honourable Babatunde Fashola- Governor of Lagos State (2007-2015) to the International Bar Association meeting in Kampala, Uganda should be compulsory reading. Its thesis: We need a change in our mind-set to moderate self-interest in preference for the greater good.

Drawing from your experience as Vice President of the LCIA African Users Council, how do you think diversity can be better achieved in the appointment of African practitioners as arbitrators for international disputes?

The LCIA has demonstrated a real commitment to increasing diversity in its appointments. Beyond the role of arbitral institutions, it is critical that practitioners and their clients consider the widest pool of potential arbitrators. There are many excellent arbitrators of African origin – at every level. It is incumbent on us all to promote capable candidates.

Potential candidates have a duty to attain competence and to demonstrate that competence. Formal qualification as a Chartered Arbitrator with the Chartered Institute of Arbitrators is the best first step.

Speaking at conferences, writing articles and book reviews demonstrates rigorous legal analysis.

International travel and face to face contact is critical to building and sustaining international networks.

What do you think can be done to make African states more attractive seats?

The premise of the question is that African states are less attractive seats for international arbitration.

In a literal sense, this is entirely wrong. There are very few places in the world more comfortable as an arbitration venue than the Kampala International Conference centre located 40 paces away (through the immaculate gardens and water features) from the 5/6-star Serena Hotel – capped off by endless glorious days of sunshine.

Confidence in the guarantee of non-interference by national courts coupled with pro-enforcement would go a long way to encouraging international parties to seat arbitrations in African states. Rwanda is doing an exceptional job in this regard. Rwanda is a case of which we can all be very proud. Mauritius is another good example.

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

My advice differs slightly depending on whether it is to counsel or to an aspiring arbitrator. I started off as a barrister. I continue in practice at the bar though I am taking more and more appointments as arbitrator.

Excellence as counsel in arbitration is the best training for an arbitrator. One develops a comprehensive understanding of rules and procedure as well as those skills most appreciated by counsel in an arbitrator.

Similarly, sitting as an arbitrator is excellent training for practice as an advocate. One develops a much keener appreciation for the critical issues in a case important to the decision maker.

Whether as advocate or arbitrator, there is no substitute for technical competence. My pupil master would say, “read the papers six times before you advise – the answer is in the documents”. I always prepare a chronology and read the papers again and again. I do this as counsel and as arbitrator.

Success in arbitration involves more than technical competence. It is critical that you are able to engage with clients, understand and empathise. Have integrity. Enjoy people.