| We are pleased to present our annual newsletter, highlighting NICArb’s achievements and progress in 2023, and also give you a sneak peek into what is in store for 2024. |
| Retaining our position as the leading promoter of Arbitration and ADR in Sub-Saharan Africa, Here are some of our key accomplishments from 2023. 1. NICARB International Arbitration Annual Conference: .png) .png)  The Institute organized and hosted a 3-day hybrid arbitration conference, held for the first time in the Federal Capital Territory, Abuja, Nigeria with nearly a thousand attendees participating both physically and virtually. The conference was graced by 50 speakers and moderators, the crème de la crème of the industry, hailing from different parts of the world such as Austria, Australia, Benin Republic, Cameroon, Canada, Ivory Coast, Ghana, France, Senegal, the UK, and the US, who participated both in-person and virtually. They spoke on pivotal topics around the theme: “Repositioning Arbitration and ADR Practice in Africa”. This event provided participants with valuable knowledge and networking opportunities and helped us establish partnerships with international organizations and institutions. 2. Our Members: Our distinguished members, in addition to their busy schedules presiding over numerous arbitration matters in diverse industries such as construction, oil and gas, and tenancy, have experienced remarkable career growth and notable appointments. Six (6) of our members attained the esteemed title of Senior Advocate of Nigeria (SAN), while several others were appointed to prestigious positions as State Attorney Generals, Judges and into various high-ranking political offices in Nigeria.  3. Increased Awareness and Accessibility of ADR Mechanisms: At the Grand Investiture and Award Ceremony of the Institute, nearly a thousand new members were inducted, signifying a remarkable milestone. This event exemplified a pivotal moment for the institute as it marked a substantial influx of associates, members, and fellows into its ranks. The ceremony honoured the accomplishments of these individuals, who have exhibited exceptional expertise and unwavering dedication to the field of arbitration. Their induction serves as a testament to the growing significance of arbitration and the increasing recognition of NICARB as a preeminent institution in this domain, both within Nigeria and on the global stage.  Aligning with the Institute’s mandate to promote the practice of arbitration and ADR, a series of webinars were organized. These included the “Access to Justice Wither Arbitration “ “Practical Steps to Arbitration Proceedings, Fees and Quantum of Claims/Damage” Embracing Equity in Arbitration and ADR”, “Arbitration Advocacy” “Arbitration and ADR Mechanisms as Tools for Managing Electoral Conflicts in Nigeria and the “NICArb Arbitration and Mediation Act, 2023 Webinar Part I” where 10 speakers explored extensively into the Arbitration and Mediation Act 2023. Overall, these initiatives comprised six webinars with a total of 1,555 attendees.    4. NICArb’s Participation in the 56th Commission Session of UNCITRAL Vienna, Austria: Since 2020, NICArb has participated in UNCITRAL Commission Sessions and Working Groups II and III sessions through online channels. However, for the first time, delegates from the Institute attended in-person at a UNCITRAL session during the recently concluded Commission Session held from 3rd to 21st July 2023. Representing NICArb were the Registrar/Chief Executive Officer, Mrs. Shola Oshodi-John, FCArb, and Mr. Francis Oleghe, FCArb.  High Points of the 56th Session of the Commission During the first week, the Commission considered and adopted a Draft Code of Conduct for Arbitrators in International Investment Dispute Resolution and Commentary (A/CN.9/1148) and adopted, in principle, a Draft Code of Conduct for Judges in International Investment Dispute Resolution and Commentary (A/CN.9/1149). If approved by the UN General Assembly, A/CN.9/1148 and A/CN.9/1149 will address a significant item on the ISDS reform agenda: concerns about arbitrators’ and decision-makers’ conduct and ethical standards. A/CN.9/1149 was adopted in principle because UNCITRAL has yet to establish a multilateral standing mechanism for resolving international investment disputes. However, A/CN.9/1149 may be adopted by any non-UNCITRAL multilateral standing mechanism that wishes to do so. Additionally, the Commission considered and adopted draft provisions on mediation (A/CN.9/1150) and draft guidelines on investment mediation (A/CN.9/1151). During the second week, the Commission considered a draft guide on access to credit for micro, small and medium-sized enterprises (MSMEs) and the reports of Working Group I on its work on MSMEs. Also, there was a two-day Colloquium on Climate Change and International Trade Law in preparation for future work of the Commission in developing texts on international trade law aspects of climate change, if the Commission determines any. While, on the last day of the second week, the Commission considered and adopted the draft guidance text on early dismissal and preliminary determination, prepared by Working Group II, for inclusion in the UNCITRAL Notes on Organizing Arbitral Proceedings. For week three, the Commission considered the reports of its six working groups, coordination and cooperation with other international organizations, secretariat reports on non-legislative activities, the work programme of the Commission, and dates and places of future meetings. It was an intense knowledge-learning and sharing session throughout the three weeks. 5. NICArb’s Professional Training NICArb continues to set high standards in its provision of professional certification training in arbitration and ADR, enjoying wide acceptance across various professional sectors within Nigeria and beyond. In 2023, we trained over 2000 lawyers, judges, legal professionals, and individuals from fields such as engineering, architecture, and construction in 33 states of Nigeria. Our training programmes cater to diverse needs, ranging from arbitration training (associate, membership and fellowship) mediation skills training, and faculty development training. Participants also included international trainees and attendees from countries such as the United States, UK, and Cameroon.  .png)  As part of our mandate of ensuring the promotion and domestication of arbitration and other forms of ADR in Nigeria and beyond, including broadening the reach of the NICArb, the institute organized a 5-day training for first-class traditional rulers in Bayelsa State in October 2023 in conjunction with TUSAIRE Consults, sponsored by NCDMB. The training had a total of 20 traditional rulers in attendance.  6. Establishment of NICArb’s Abuja Office. We solidified our physical presence in the Federal Capital Territory, Abuja, through the establishment of a service-oriented office territory, Abuja. This office serves as a hub for arbitration hearing services, training, and meeting venues for our Abuja Branch members and the public, in alignment with NICArb’s mission. 7. Increased Awareness Among Young Arbitrators: In our pursuit to engage and inspire young, creative minds in arbitration and ADR among emerging professionals, we are dedicated to enhancing and innovating new initiatives aimed at raising awareness about ADR mechanisms among future lawyers and judges. NICArb’s Annual Debate and Essay competitions are gaining increased attention among recent graduates and undergraduates in universities across Nigeria, offering substantial prize money amounting to millions of naira.  _(1).jpg) _(1).jpg)   The first-ever Young NICArb’s Hangout was held in the second quarter of 2023. In attendance were the Learned Silk, Mr. Femi Falana, SAN, FCArb and Mr. Dapo Akinosun, SAN and the Registrar/Chief Executive Officer of the Institute, Mrs. Shola Oshodi-John, FCArb. This event provided all 52 participants with an excellent networking opportunity and motivation to uphold the industry.  8. Enhanced Quality of Services: The Institute appointed newly inducted members to our panel of arbitrators and mediators, comprising experienced legal and other professionals from various fields of expertise. This panel is committed to delivering high-quality services that meet the needs of our clients. In 2023, we observed a slight increase in the number of arbitration and mediation referrals and requests from disputants for the appointment of neutrals to oversee certain arbitration and mediation matters. These neutrals appointed are professionals related to the field in dispute and are full-fledged members of the Institute. For some of these arbitration proceedings, the NICArb ADR Rules 2021 were utilized. The institute received requests for arbitrator appointments in 14 high-profile arbitration cases—3 in the first quarter (2 withdrawn), 7 in the 3rd quarter, and 3 in the 4th quarter—encompassing 12 contractual disputes, 1 land dispute, and 1 breach of a lease agreement. Notably, one of these matters has been concluded, and the award has been written and transmitted to the parties. However, the Institute could not entertain two of these matters because it was not designated as the Appointing Authority in the Arbitration Clause under the old Arbitration and Conciliation Laws of 2004  The institute takes pride in its successful conclusion of arbitration matters, showcasing its effectiveness in resolving disputes through impartial and efficient arbitration processes. These and many more strides were achieved in 2023. 9. Retrospect In 2024, we would continue the motion to enlighten professionals, legal officers and judges in Nigeria on the new Arbitration and Mediation Act, 2024, arbitration practice and proceedings and other issues, while encouraging business concerns and other critical stakeholders to embrace arbitration and ADR as a final option for resolving their disputes. We want to take this opportunity to thank our clients, partners, supporters and especially our members for their continued trust and confidence in NICArb. We are committed to delivering high-quality ADR services that meet the needs of our clients and members and contribute to the development of Africa’s ADR practices. If you have any questions or feedback regarding our services or this newsletter, please do not hesitate to call and contact us at +2349087197401-13 or e-mail via info@nicarb.org or visit our website at www.nicarb.org for more information about our training and procedures. Thank you for your support! |
