Name of arbitrator practitioner:

Madeline Kimei

Education, awards and selected publications:

Education:

• Law School of Tanzania (DSM) – PGD Legal Practice (2011)
• Bournemouth University (UK) — Master of Laws (LLM), Law and Finance, 2008
• Coventry University (UK) – Bachelor of Laws (LLB), 2006
• PEPONI Secondary School (Nairobi, Kenya) – IGCSE’s, AS Level and A Levels – 2003
• Green Acres Primary School – Nairobi, Kenya
  

Professional accreditation:

• Bar Admission (roll 2248)- Advocate & Commissioner of Oaths (since 10/08/2011)
• International Investment Treaties & Investor State Arbitration -International Law Institute /Georgetown University 2017
• Practical use of the 1999 FIDIC conditions of contract (FIDIC Contracts training Module1)
• Management of claims and resolution of disputes (FIDIC Contracts Training Module 2)
• Accredited Commercial and Civil Mediator – Chartered Institute of Arbitrators (London) 2012
• Certificate in Dispute Management (CDM)- Indian Institute of Arbitrators and Mediators (IIAM) & International Mediation Institute (IMI) Accredited
• National Construction Council &Tanzania Institute of Arbitrators (DSM) –Conduct & Practice of Arbitration – 2011

Awards:

• Winner – Africa Arbitration Awards – Young Arbitration Practitioner 2020 (hosted by East African International Arbitration (EAIAC))
• Africa Arbitration Academy (AAA) – Top 50 Most Promising Young Arbitration Practitioners in Africa
• Top 50 Women in Management in Tanzania 2019 (WIMT)
• Finalist – Innovation in Arbitration, Africa Arbitration Award, August 2019
• CIArb (Kenya Branch) International Conference, Recognition Award 2018

Publications:

Countries qualified to practice:

United Republic of Tanzania

Language(s):

• English
• Swahili

Name of law firm/institution:

iResolve Limited

Area(s) of specialisation:

Arbitration Counsel, Commercial Mediation, ADR/ODR Consultant, Corporate & Commercial Law including Tax and Employment.

Institutional affiliation(s):

Madeline is currently:

• The President- Tanzania Institute of Arbitrators (TIArb),
• The Chairperson – Africa Asia Mediation Association,
• The Regional Director – Centre for International Alternative Dispute Resolution (CIADR),
• A Member of the ICC International Court of Arbitration and the LACIAC Court of Arbitration.
• A Member of the ICC Africa Commission, the ICC Commission on Arbitration & ADR;
• A Member of the IBA Africa Arbitration Network and Singapore International Arbitration Centre (SIAC) Africa User’s Council.
• A Fellow of the World Mediation Organization (WMO) and Representative of ADR Point for Tanzania.

What influenced your interest in arbitration?

I became a convert in ADR during my tenure as a legal trainee in 2007 when I was exposed to a high-profile arbitration (court ordered) and this interest was amplified when I appeared for mediation under the court annexed mediations during my time as in-house counsel on the part of my employer. Through self-learning and research, the first mechanism that was more attractive was commercial mediation which interested me most because of the party’s being in ultimate control of the outcome of the dispute. This was what initially influenced me into the ADR spectrum and arbitration became even more of an attractive arena due to there having been minimal application domestically and the challenges of having an archaic law in Tanzania which gave me motivation to play a part in realizing modernization, sensitization and increased application of the process within my jurisdiction.

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?

Speaking from a jurisdiction which has just updated its antiqued arbitration laws, there is dire need for awareness to young practitioners. More sensitization and arbitration pilot programs need to be put in place to not only face the challenge of young practitioners but also young businesses owners and entrepreneurs who are negotiating contracts not knowing the advantages of arbitration or ADR generally.

As the CEO and Founder of iResolve, what are the difficulties encountered in the online dispute resolution and how are they surmounted?

The iResolve ODR platform was launched in 2015 and has had a lot of development phases to adopt to different versions of the technology however, the platform still requires heavy investment to bring it more robust ODR capabilities to take place within the platform.

The main challenge as to any start-ups is funding or access to pool of seed investors. Another challenge is getting the marketing to pull in end users.

As the President of the Tanzania Institute of Arbitrators, how has the Covid-19 pandemic impacted conducting arbitration in Tanzania, and is virtual hearing embraced by parties and practitioners in the country?  

The pandemic has revolutionized the way we do things at the Tanzania Institute of Arbitrators (TIArb). It was business as usual, as Tanzania didn’t experience lockdowns, the administration of arbitration remained to be done partially electronically and physically.

Notably, TIArb witnessed most tribunals adopted paperless approaches (e-mail) to conducting the proceedings. However, the concern is that tribunals remain unaware of advancements in the field with regards to protocols, guides and the use of virtual arbitration platforms. There is hence the need for more awareness of the use of ODR and virtual hearings.

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

Yes, as the winner of the 2020 EAIAC Young Arbitration Practitioner Award, I was privileged to get a mentor, Mr Kamal Shah of Stephenson Harwood LLP- UK. The mentorship has provided me with insights from a network of arbitrators and arbitration practitioners globally. I have been able to exchange growth opportunities, means of tapping into such opportunity and ideas for collaboration. His mentoring style has cut across not only to enhance my aspiration as an arbitration practitioner but also in building my law practice by learning from his experiences.

What advice do you have for other young arbitration practitioners?

My advice to the younger arbitration practitioners is to be proactive and innovative in their approach to expose themselves and gain the requisite acumen of arbitration. I would also encourage them to explore more with technology and how it can effectively add value to their service. It is without a doubt that the tech-savvy arbitration practitioners will be able to beat the tides. I believe the key to success in this field is to be committed and passionate.