Name of arbitration practitioner:

Leah Waithira Njoroge

Education:

• Master of International Law & Economics (M.I.L.E)
• Bachelor of Laws (LL. B)

Countries qualified to practise:

Kenya

Language(s):

• English
• Swahili
• Kikuyu
• French (Basic)

Name of law firm/institution:

International Centre for Settlement of Investment Disputes (ICSID)

Area(s) of specialisation:

International Dispute Settlement, Investment Treaty Arbitration, WTO law, International Economic Law

Institutional affiliation(s):

• Law Society of Kenya
• Africa Regional Representative
• LCIA Young International Arbitration Group (YIAG)
• Regional representative for Africa-Asia-Pacific Forum for International Arbitration (AFIA)

What influenced your interest in arbitration?

My first encounter with arbitration was when I studied it as a credit unit for my undergraduate degree. I was fortunate to be taught by a pioneer in arbitration in Kenya, who is currently a prominent judge in one of the superior courts. At the time, it did not occur to me then that I would find myself working in the field. That little spark was reignited when I enrolled for my master’s degree and encountered for the first time, investment treaty arbitration. My earlier foundation in arbitration solidified and grew when I transitioned into the working world and joined JMiles & Co. in Nairobi working on a variety of investment and commercial disputes. I am now Legal Counsel at ICSID in Washington D.C., where I work on investment treaty disputes.

What are some of the challenges facing young arbitration practitioners working on disputes in Africa?

Lack of experience in arbitration disputes tops my list of challenges. As opposed to our counterparts working in major arbitration hubs around the world, young practitioners in Africa do lack opportunities to gain a footing in the field.

What do you think can be done to address these challenges?

I can think of a number of ways in which young practitioners can advance their knowledge and experience in arbitration. First, at an early stage of their careers, they should actively seek internship or secondment opportunities in arbitration institutions and law firms to gain practical experience. Arbitration is very much hands on and some aspects of it are just learnt on the job. Second, if the chance ever comes their way, they could volunteer as tribunal secretaries or even attend a hearing as an observer. Third, seek to collaborate with well-established practitioners in writing and publishing articles on topical issues. Fourth, it would benefit their careers greatly, if young practitioners join arbitration associations or young memberships and attend their events and conferences. In a sense, they need to get out there.

What do you think can be done to improve the domestic arbitration practice in East Africa and in Africa as a continent?

I applaud the steps that arbitration institutions in East Africa and Africa are taking to promote arbitration as an alternative dispute resolution mechanism domestically. We are on the right track but more needs to be done to anchor arbitration as a practice. If you study the history of the growth of arbitration centres worldwide, many of them had their roots in domestic arbitration. I would also mention that local chapters of arbitration associations such the Chartered Institute of Arbitrators, play a strong role in training lawyers and raising the standard of domestic arbitration practice. Some countries in Africa have lagged in law reforms that support arbitration. Having a robust arbitration law and the backing of the judiciary will result in strengthening of domestic arbitration.

Do you have any role model(s) or mentors in the field of arbitration? What impact have they had on your career?

I have been mentored and moulded by many people in my career, however, I credit my growth in arbitration to my former boss, Mr John Miles.

What advice do you have for other young arbitration practitioners?

1. Without a doubt, I would recommend that young arbitration practitioners find an experienced practitioner they look up to for guidance and mentorship.

2. Be active and scour arbitration forums for opportunities to attend events, publish papers and career development. I have personally signed up on various listservs on arbitration which I consult every now and then.

3. Keep up to date with arbitration news so that when you do attend those conferences you will have some relevant conversations around new developments. Headline hitters such as Yukos and Achmea are never too far in the offing.

4. I would encourage young practitioners to be consistent in their work ethics and success will follow.