Name of arbitrator practitioner:

Leyou Tameru

Education and selected publications:

Education:

• LL.B. Addis Ababa University (2008)
• LL.M. Georgetown University Law Centre (2009)

Selected publications:

• Authored chapter in the book Rethinking the role of African National Courts in Arbitration, published by Wolters Kluwer. Chapter entitled “Publication and Access to Arbitration Related Decisions from African Courts”.
• Lead Contributor to Chapter on Investment Protocol of the publication entitled Assessing Regional Integration in Africa: Next Steps for the African Continental Free Trade Area (ARIA IX) published by the United Nations Economic Commission for Africa.

Countries qualified to practice:

None

Language(s):

• Amharic
• French
• English
• Italian

Name of law firm or institution:

I-Arb Africa

Area(s) of specialisation:

My overall focus is developments in arbitration in Africa and concerning African parties throughout the world, International Investment Arbitration, Negotiations of investment instruments (BITs, protocols, contracts etc…)

Institutional affiliation(s):

• ICC Court Member for Ethiopia (Paris) (the first for Ethiopia and among the youngest ever appointed by the ICC)
• Advisory Board Member at MARC (Mauritius)
• Advisory Board Member of the AFSA Rules Amendment Committee (South Africa)

What influenced your interest in arbitration?

I was fully introduced to international arbitration during my studies for LL.M. at Georgetown Law in 2008. I took a course in international arbitration that really opened my eyes to a world that I found to be intriguing, and I have been in it since!

What are some of the challenges faced by young practitioners working on disputes in Africa? What do you think can be done to address these challenges?

The biggest challenge in Africa is mainly youth, which sounds quite ironic considering that Africa is the youngest continent in the world in terms of population age. Our societies attach knowledge to age making it difficult for young practitioners to get the opportunities to showcase their talent. But this is changing as more young practitioners are starting their own practices and there is a growing demand for disputes lawyers with different levels of experiences. One of the ways of supporting young practitioners is by increasing platforms where they can share their knowhow among other legal practitioners but also with potential clients, i.e. companies and different organizations, that need these services. Overall support in market access and marketing.

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

There have been some major changes to the arbitration regime in Ethiopia in the past few months. Ethiopia decided to ratify the New York Convention and published the national law domesticating the convention this month, i.e. April 2020. Ethiopia is also currently amending its arbitration law to enact brand new legislation that is in line with contemporary international best practices. I have had the honor of being involved in both these processes and look forward to seeing the growth of the practice of both domestic and international arbitration in Ethiopia.

Do you think the international arbitration community is sufficiently diverse? If not, what do you think can be done to improve diversity in international arbitration?

I will address this question from the African perspective. I do not think that the arbitration community is sufficiently diverse and there is a lot of work to be done in this space. This diversity is lacking on the following levels: use of African counsel, use of African Arbitrators, and use of African Arbitration Centres.

While discussing diversity, there is an important myth we need to debunk as the recurring observation is that African counsel, arbitrators and centres should be instructed, appointed and used by African parties. This is not what diversity is, diversity is the presence of Africans in cases concerning parties from all around the world and not just Africa.

There is a lot that can be done and there are currently many initiatives and platforms that aim at increasing capacity of African practitioners in arbitration. Our focus now must be on the practical side, pushing for names of African Arbitrators to be included on lists of arbitrators sent to parties and suggesting/presenting African centres to clients as options to administer disputes or as venues. There also needs to be a push from ILFs and African firms, for them to take on significant roles in cases, instead of only serving as local counsel.

Certain African firms have started to expand their horizon beyond their country’s borders and create networks or establish Africa-wide services. This is creating a strong African legal practice and will certainly have a big impact in increasing the number African counsel in arbitration, thereby increasing diversity in the arbitration community.

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

I do not have a mentor in the field of arbitration. However, I have had the privilege of receiving some wise advice and guidance from senior professionals in arbitration and other fields. To be honest, I have had moments where I wished for mentors in arbitration but I realized that the challenges we face in careers in arbitration are not that different than in other professional careers such as finance, engineering etc… This allowed me to have a broader view of my career path and consider collaborations with professionals from other fields.

What advice do you have for other young arbitration practitioners?

My advice would be to start on what they have in mind right now and not wait for things to come together. The best advice I have received is “Start from what you know”. This is key because, often when we are looking to do an innovative project or start an initiative in our field and feel confident in the knowledge of the matter but are too scared because we are lacking a strong network or support etc…, which is the case for many of us when we started. But what I have learned is that many people may not understand the value of your project or your idea until they see it done, and the network and support will come once the project is realized and you follow through diligently and consistently. So, continuously work on your craft, read articles, awards, keep up to date on the news and start taking steps to realize your idea/project/career today.

Last but definitely not least, if/when you are in a position where you can open doors for other young Africans practitioners looking to enter the Arbitration space, pay it forward and support them. The trust and reliance you build with each other will be of huge importance throughout your career.