Name of arbitrator practitioner:

Wilfred Mutubwa FCIArb Advocate

Education, awards, and selected publications:

Education:

• Advanced Diploma in Arbitration (CIArb –UK)
• Doctor of Laws LL.D (Completed) International Economic Law
• LL.M (International Economic Law) University of South Africa
• Post Graduate Diploma in Law (Kenya School of Law)

Awards/Recognitions:

Accredited Commercial Mediator and Construction Adjudicator. I have also acted in over 40 arbitrations as arbitrator and party representative.

Selected publications:

I have published over 20 peer reviewed articles on Arbitration including:

• “The Making of an Arbitration Hub: A critical appraisal of the Nairobi Centre for International Arbitration Act 2013” CIArb 2016. The International Journal of Arbitration, Mediation and Dispute Management Vol. 82/No. 2/May (2016)/ Sweet and Maxwell/pp.135-145.
• Regional Economic Integration Agreements in Southern Africa and the World Trade Organization Guidelines (submitted for Publication to the African Yearbook of International Law) 2016.
• “Finality of Arbitration Awards” Published in the Advocate: LSK at page 10.

Countries qualified to practice:

Kenya

Language(s):

• English
• Swahili

Name of law firm or institution:

Lubulellah and Associates, Nairobi

Area(s) of specialisation:

Commercial and Corporate law, Arbitration, Energy law, International Economic law, International law on Foreign Investment, Regional Integration and Africa Union Law, Commercial Mediation and Construction dispute resolution.

Institutional affiliation(s):

I am on the arbitration panels of:

• The London Court of International Arbitration (LCIA)
• Africa Arbitration Association (AAA)
• Chartered Institute of Arbitrators (CIArb – UK)
• Nairobi Centre for International Arbitration (NCIA)
• Mauritius International Arbitration Centre (MIAC)
• Kigali International Arbitration centre (KIAC)
• The Law Society of Kenya.

What influenced your interest in arbitration?

I was inspired by the work of great African Arbitrators such as Professor Wahab, Ms Funke Adekoya, Chief Bayo Ojo, Justice Edward Torgbor, the Late QS Norman Mururu and Dr Kariuki Muigua. I also practice commercial and construction law, which inevitably brought me to interact with great minds in the field.

As the Vice Chairman of the Chartered Institute of Arbitrators in Kenya, in what ways do you think arbitration associations and institutions can provide opportunities for young practitioners?

When I started out over fourteen years ago, the number of arbitrators and arbitrations generally were very few, this meant that opportunities were also very limited. Today, we make over 300 appointments every year. At the Kenya branch of the CIArb, we have a vibrant young members’ group and pair up all new arbitrators with an experienced one under our mentorship programme. We also sponsor young arbitrators in universities and those in the entry levels of their professions to attend conferences and trainings across the globe to improve their skills.

Can you provide a summary of the legal regime for arbitration in Kenya?

Arbitration is governed by two principal laws. At the apex is Article 159 of the Constitution of Kenya 2010 which has engrained Arbitration along with other Alternative Dispute Resolution (ADR) Mechanisms into the principles governing the exercise of judicial authority in Kenya. The Arbitration Act 1995 (as amended in 2009) is the principal statute governing Arbitration in Kenya. However, other statutes such as the Nairobi Centre for International Arbitration Act, 2013, the Land Act, 2012, the 2010 Civil Procedure Act alongside a myriad of other statutes also provide for arbitration in the specific circumstances and areas of their regulation.

What is the attitude of the courts in Kenya to arbitration?

The decisions of courts in Kenya are largely pro-arbitration. However, the court system is endemically, chronically slow and as a result, arbitration related litigation suffers protracted delays.

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

My mentors include Justice Edward Torgbor and Dr Kariuki Muigua. I have learnt invaluably from their experience in international and domestic arbitration practice. They have encouraged me to write, speak and publish on the subject.

What advice do you have for other young arbitration practitioners?

I would tell them to have their eyes firmly fixed on the price. The dispute resolution landscape in Africa is fast changing with arbitration gaining significant importance. Young African Arbitrators should arm themselves with the requisite skills to meet the dispute resolution needs that will come with the increase in intra-African trade under the AfCFTA framework and Sino-African trade.