Name of arbitrator practitioner:

Chinedum Umeche

Education, awards and selected publications:

Education:

• LLB- Ebonyi State University
• Admitted to the Nigerian Bar in 2007

Award(s):

Fellow of the Chartered Institute of Arbitrators

Selected Publications:

(i) Arbitrability of tax disputes in Nigeria, Arbitration International, Volume 33, Issue 3, September 2017, Pages 497-502;

(ii) (with Abimbola Akeredolu, SAN) Arbitrators’ impartiality and independence: commentary on Gobowen v Axxis, Arbitration International, Volume 34, Issue 1, March 2018, pages 143-148.

Countries qualified to practice:

Nigeria

Language(s):

English

Name of law firm or institution:

Banwo & Ighodalo

Area(s) of specialisation:

Commercial Litigation and Arbitration

Institutional affiliation(s):

• Chartered Institute of Arbitrators
• Young International Arbitration Group of the London Court of International Arbitration

What influenced your interest in arbitration?

I started early as a litigator (after the call to bar ceremonies on a Thursday, I made my first appearance in court the following Monday). In many ways, arbitration is like litigation, and I felt I had to develop interest and skills in both litigation and arbitration.

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

Lack of exposure to constant arbitration proceedings. There are real benefits to have the first-hand experience in arbitration proceedings from start to finish, constantly and at an early stage in one’s career.

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

African countries need to make arbitration much more attractive, and maybe less expensive- not just in terms of the costs of the arbitration, but in terms of the facilities for the arbitration.  A framework that encourages arbitration as a means of dispute resolution will accommodate more arbitration practitioners to participate in the process.

Are there any thoughts on the current $9.6bn award in P&ID v. Federal Republic of Nigeria, that you will like to share?

Nigeria could have done better in terms of the handling of the case. It seems to me that many things that should have been done within given time frames were not done. We need to begin to take agreements seriously if we are to attract foreign investments to Nigeria.

What do you think can be done to improve the domestic arbitration practice in Nigeria?

A robust and more modern framework for domestic arbitration that meets the needs of the end-users is required. Minimal court intervention (in terms of interference with the functioning of a tribunal) is also needed. Lastly, I think that a decision of the High Court in an application to set aside an award should be final. There is no sense in allowing a party who agreed to submit a dispute to arbitration, the opportunity of litigating (or attempting to litigate the issue in dispute) up to the Supreme Court.

Do you have any mentors in the field of arbitration?

Yes. Some of them don’t even know they are my mentors. I follow their progress, and I am inspired.

What impact have they had on your career?

Pointing me in the right direction and providing opportunities for me to practice arbitration.

What advice do you have for other young arbitration practitioners?

Hard work and diligence- I guess these have become cliches in terms of advising people. Get involved in arbitration at an early stage, write articles on arbitration-related questions, attend conferences regularly and then pray.