International Chamber of Commerce (ICC) organizes
3rd ICC Africa Conference on International Arbitration
June 18-20, 2018
This conference is a “must attend” for arbitration professionals who wish to keep up to date with the latest institutional developments and the evolution of arbitration in Africa.
ICC’s annual Africa conference, held in English and French, is the key forum for understanding international commercial arbitration in Africa. This conference provides an indispensable update on developments in the region and is becoming the most important gathering for the African arbitration community. Not only does it offer a line-up of top-class speakers, topical discussions and relevant news, but also an excellent opportunity to network. The conference attracts more than 350 participants representing about 15 countries.
The ICC Institute Advanced Level Training on “The Conduct of the Proceedings and Case Management – the Arbitrator’s perspective” will take place on 20 June 2018 in English only.
Who should attend?
Professionals interested in and/or involved in international arbitration in Africa
DAY 1: Monday, June 18, 2018
09:00-10:00 Welcome and opening remarks
10:00-10:30 Tea break
10:30-11:30 ICC arbitration: innovation on the basis of the tradition for quality
This session intriduces the latest strive of the ICC International Court of Arbitration for enhancing time and cost efficiency to a fast track arbitration for smaller claims while ensuring fundamental quality features:
– Expedited Procedure Provisions: Innovating for greater time & cost efficiency
– Scrutiny of Awards: the ICC quality control
11:30-13:00 Clause and effect: seating your arbitration in Africa
It is now beyond doubt that in both developed and emerging economies, arbitration has evolved as an acceptable means of dispute resolution which complements the efforts of traditional courts and so countries are scrambling to make their countries “arbitration friendly”. This session will discuss how African jurisdictions have responded to the requirements of an arbitration friendly environment and its impact upon arbitration on the continent.
13:00-14: 00 Lunch
14:00-15:30 International Arbitration Awards: first bus stop or last station
On the African continent, how final are arbitration awards? How final should they be? Panellists will discuss this topic against the backdrop of domestic and international legislation, conventions and proposed initiatives.
15:30-17:00 Africa rising – stemming the flight of arbitral disputes
This session will focus attendant issues resulting in the delocalisation and flight of arbitral disputes from Africa. Panel Discussions will include identification and discussion of attendant factors that weigh against seating arbitrations in African Jurisdictions. Panellists will offer perspectives and bring their individual jurisdictional experiences to bear on discussions and explore how the challenges can be surmonted, if not eliminated, so that arbitration can take its rightful role as a Catalyst for economic growth in Africa.
DAY 2: Tuesday June 19, 2018
9:30-11:00 Supporting the arbitral process
Arbitration, though a private form of binding dispute resolution emanating from a personal agreement of the parties, requires regulation and enforcement. This session will consider and identify the various bodies which support arbitration and the entire arbitral process. Speakers will discuss the significant role the State plays in arbitration by providing enabling legislation that validates and legitimizes arbitration. The Judiciary’s role during the arbitral process regarding issues such as challenge of arbitrators, interim measures and enforcement of awards will also be discussed. The role played by arbitral institutions will also be examined.
It is expected that the outcome of the session will be an identification of wether arbitration in Africa receives sufficient support and also proffer any suggestions on how arbitral process can be better supported.
11:00-11:30 Tea break
11:30-13:00 Arbitrability in Africa: new hopes or lost opportunities
From time to time, we see domestic pronouncements of arbitrability in different jurisdictions. Africa is no exception. Even if we consider typical commercial areas -intra-corporate disputes, securities, intellectual property, fair and unfair competition, distribution contracts, financial contracts, insurance, transport, insolvency, or regulated economic sectors (including oil and gas)- the different approaches to arbitrable subject matter taken by domestic laws and case laws has created uncertainty.
This panel discusses whether the approaches to arbitrability taken by African jurisdictions give rise to new hopes (increased use of African seats) or lost opportunities (reluctance to arbitrate in African jurisdictions).
14:00-15:30 ECOWAS Energy Protocol “Reality or Mirage”
This panel will discuss the effectiveness and/or potential impact of the Protocol on energy related disputes in the west Afrcan sub region.
15:30-17:00 Damages tools – Globalizing the analysis of damages
The damages tool being developed by the ICCA-ASIL Damages Task Force allows everyone easy access to complexddamages analysis. During this interactive session, distinguished legal and economic experts will explain the tool and demonstrate how it works by illustrating the lifecycle of a damages case, before asking the audience for feedback.