Name of arbitrator practitioner:

Ndanga Kamau

Education, awards:

Education:

• LLM in International Dispute Settlement (MIDS Programme), Geneva
• Bar Vocational Course, London
• Graduate Diploma in Law, London
• Undergraduate Degree in Economics, Cape Town

Scholarships:

• Hans Wilsdorf Scholarship, MIDS Programme
• Mona de Piro Prize for the Bar Vocational Course, Middle Temple
• Oppenheimer Trust Travel Scholarship, Hague Academy of International Law Summer School on Public International Law
• University of Geneva Scholarship for online course on International Water Law

Countries qualified to practice:

Called to the Bar of England & Wales by the Honourable Society of the Middle Temple

Language(s):

• English
• French
• Kikuyu Kiswahili
• Dutch
• Italian (at varying levels of proficiency)

Name of law firm or institution:

Ndanga Kamau Law

Area(s) of specialisation:

• International Arbitration
• Public International Law

Institutional affiliation(s):

• Vice President, ICC International Court of Arbitration
• President, ICC Africa Commission
• Vice Chair, IBA Arbitration Committee
• Member, Lagos Court of Arbitration (LCA) Arbitration Court
• Member, AFSA International Arbitration Rules Drafting Committee
• Member, African Arbitration Association (AfAA), American Society of International Law (ASIL), Association for the Promotion of Arbitration in Africa (APAA), Dutch Arbitration Association (DAA), International Council for Commercial Arbitration (ICCA), International Law Association (ILA), Royal Netherlands Society of International Law (KNVIR)

What influenced your interest in arbitration?

My interest in arbitration stems from my broader interest in international dispute resolution. This broader interest started as smouldering embers during my study of international economics and regional integration in Cape Town, and turned into a flame during my internship at the British Institute of International and Comparative Law (BIICL). After the MIDS Programme, and a few years of practice, the flame became a raging inferno.

As Vice President of the ICC Court of International Arbitration (“ICC”) and President of the Africa Commission of the ICC, what is the ICC’s approach to the African market?

The ICC’s approach to the African market is the same as that in other markets – it seeks to provide efficient and cost effective dispute resolution services. That said, there are particularities of the African market – such as, geographical vastness, diversity of legal traditions, emerging international arbitration jurisdictions, and a need for inclusiveness – that must be considered by any service provider on the continent.

In July 2018, the ICC set up the Africa Commission – composed of 24 African members from 14 jurisdictions – to help it better understand and serve the African market. Through the work of the Africa Commission, the ICC promotes its services across Africa, participates in the development of international arbitration in African jurisdictions, and promotes the appointment of African arbitrators and experts in ICC arbitrations. The ICC Africa Commission also works with ICC YAF to develop the skills of young practitioners.

You are also Vice Chair of the International Bar Association (“IBA”) Arbitration Committee – please tell us what the IBA is doing to improve Arbitration law and practice in Africa?

The IBA Arbitration Committee is committed to sharing information about arbitration, promoting the use of arbitration, and improving the efficiency of arbitral proceedings in jurisdictions across the world, including in Africa.

To assist in its work across Africa, the IBA Arbitration Committee has recently set up the Africa Arbitration Network, composed of African arbitration practitioners from across the continent. The first project under the auspices of the African Arbitration Network is a series of workshops in various African jurisdictions to introduce IBA soft law instruments to African practitioners and judges.

What do you think are the major challenges faced by arbitral institutions in Africa?

There are several major challenges faced by arbitral institutions in Africa, I shall highlight three.

The first is credibility – how do you persuade potential users to choose your institution when you have no track record of administering cases and your rules remain untested?

The second is funding – how do you fund operations in the period between setting up and earning sustainable revenue, without compromising on quality or independence?

The third is competition v collaboration – how do you compete with other arbitral institutions in Africa, while recognising there are systemic benefits to collaboration?

Do you have any mentors in the field of arbitration? What impact have they had on your career?

I am privileged to have had a small army of informal mentors and supporters. They come from all over the world, work in a variety of fields (not only arbitration), and have appeared at different points in my career. Many have nudged, a few have pushed, others have counselled, some have wedged doors open, and others still have consoled. Collectively, they have had a profound impact on my career.

What advice do you have for other young arbitration practitioners?

You should not be afraid to do things differently from your predecessors. The world is continuously changing, and the future of dispute resolution belongs to those who can adapt, and, dare I say it, innovate.