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NICARB AC 2020 BROCHURE.Cdr NIGERIAN INSTITUTE OF CHARTERED ARBITRATORSTM Time: 10am NICArb 2020 Annual Conference SPONSORS Partners Gold Sponsors Bronze Sponsors Jeph C. Njikonye SAN Media Sponsors NICArb 2020 Annual Conference AARE AFE BABALOLA, OFR, CON, SAN, FNIALS, FCIA, FCArb, LL.D, D.Litt. PRESIDENT AND CHAIRMAN OF COUNCIL 1 NICArb 2020 Annual Conference MRS. SHOLA OSHODI-JOHN, FCArb REGISTRAR/Chief Executive Officer NIGERIAN INSTITUTE OF CHARTERED ARBITRATORS 2 NICArb 2020 Annual Conference PLANNING COMMITTEE Adebayo Adenipekun, SAN, Chukwuma Ezeala Planning Committee Co-Chair. Planning Committee Co-Chair. Lady Modupe Ajayi Gbadebo Rex Ibook Eyoita Abayomi Adedeji Bada Head, Media/Publicity Head, Information Technology Co-Head Advert/Sponsorship Sub Committee. Sub Committee. Sub Committee. Dr. Chukwuma C. Katchy Nzeakor Atulomah Co-Head, Media/Public Head, Content/Programme Sub Committee. Sub Committee. 3 NICArb 2020 Annual Conference PLANNING COMMITTEE Rosecana Ankama Mary Itsueli Augustina Adebo-Young Ifedayo O. Ganiyu Kemi Olafuyi Onochiengwu Obuna Lucy Babafemi Maureen Nwomeh Faith Onyekperem Victoria Udoh Dooshima Adaguusu Offurum Faith Ozioma 4 NICArb 2020 Annual Conference Distinguished Participants, We are delighted to welcome you to the 2020 Annual Conference of the Nigerian Institute of Chartered Arbitrators (NICArb), Nigeria's foremost arbitration institute. This year's conference is themed “Making Arbitration and ADR Work for Africa”, and is the first virtual annual conference of the institute. Over time, adjudicatory processes have been in a flux in Africa. Expectedly, many investors and business proprietors are uncomfortable with this state of affairs. Investments and businesses suffer due to delays and high costs of resolving investment and commercial disputes in Africa through the traditional litigation track in the courts. In a stroke of paradox, Nigeria – and indeed Africa – has an array of distinguished investment and commercial dispute resolution experts; yet, we witnessed instances in which the arbitrators, counsel and all the parties to a dispute are compelled by the arbitration agreement to go to arbitral seats and venues overseas, notwithstanding that all the parties to and elements of the transaction are wholly traceable to Africa. The logistical challenges and economic impact of this state of play have been enormous. Various conversations have been ongoing across the continent regarding the effective steps toward restoring investor confidence in the dispute resolution architecture. The aim is to ensure that the investor sees Africa as a self-contained environment in which investments can thrive and any resulting disputes resolved effectively. Recently, Nigeria's Honourable Attorney General & Minister of Justice inaugurated the National Arbitration Policy Committee with a view to providing a broader framework for the regime of arbitration in Nigeria. This is a welcome development. One of the objectives of this Annual Conference is to promote Alternative Dispute Resolution (ADR) as a viable mechanism for dispute resolution. This will in turn promote the African economy and ensure that disputes originating from and terminating in Africa are resolved within the continent. Invariably, having Africa as the seat and venue of these arbitrations will enable the investors save cost, boost the African economy and promote arbitration law and practice in the region. Therefore, the topic “Making Arbitration and ADR work in Africa” is not only timely, but is designed to contribute significantly to this ongoing conversation. At the end of the conference, the Institute will compile insights from the various sessions into a body of knowledge for charting a sustainable course for ADR and arbitration policy, law and practice in Nigeria and Africa. No less than 10 live and showcase sessions as well as networking and business development opportunities are on offer. We have painstakingly selected an elite corps of speakers and facilitators to drive the conversation and deliver the conference. We are grateful to them for their time, expertise and commitment. We cannot thank enough the Arbitration Place, Canada, and the Association for the Promotion of Arbitration in Africa (APAA) for their generous support of this year's conference. We thank the president/Chairman of the Institute, Aare Afe Babalola SAN, OFR, CON, FCArb; the eminent members of the Governing Council, and the great team at the Institute spearheaded by the Institute's trailblazing Registrar and Chief Executive, Mrs. Shola Oshodi-John for their commitment. Distinguished participants, the benefits and triumphs of this first virtual annual conference of NICArb are yours for the taking. Please enjoy the Conference! Chukwuma Ezeala, FCArb Adebayo Adenipekun, SAN, FCArb Principal, Chancellor Chambers Managing Partner, Afe Babalola & Co 5 NICArb 2020 Annual Conference PROGRAMME OF EVENTS NICArb 2020 VIRTUAL ANNUAL CONFERENCE AND INVESTITURE Date: Wednesday 18 – Friday 20, November, 2020 Theme: Making Arbitration (and ADR) Work for Africa Venue: Virtual SCHEDULE WEDNESDAY, 18 NOVEMBER 10.00 - 10.20 Registration, video/audio testing Display of sponsors demos, brand and contact sharing Networking – attendees and sponsors (Text and video) 10.20-10.30 Welcome /Opening Remarks Aare Afe Babalola, CON, OFR, FNIALS, SAN, FCArb, President and Chairman, Nigerian Institute of Chartered Arbitrator, Nigeria Co-Chair, Planning Committee Address: Mr. Adebayo Adenipekun, SAN, Member, Governing Council, Nigerian Institute of Chartered Arbitrators, Nigeria 10.30 - 10.35 Goodwill message: Olumide Akpata, President, Nigerian Bar Association 10.35 - 10.45 Guests of Honour: Honourable Justice Monica Dongban-Mensem, President, Court of Appeal, Nigeria 10.45-11.00 Keynote Address 1: Making Arbitration Work for Africa: Rethinking Investment Treaties and Sustainable Development for Africa Keynote Speaker: George Kahale III, Chairman, Curtis Mallet-Prevost, Colts and Mosel LLP, Washington DC, USA 11.00 - 11.15 Keynote Address 2: Exploring the Institutional Opportunities in Mediation of Investor-State Disputes in Africa: An ICSID Perspective Keynote Speaker: Martina Polasek, Deputy Secretary General, International Centre for Settlement of Investment Disputes, (ICSID), Washington D.C, USA 11.15 – 12.00 Plenary 1 (Breakout session): Making Arbitration Work for Africa: Rethinking Investment Treaties and Sustainable Development for Africa. Background: International investment treaties are a key part of the legal framework that inspire confidence in the global economy. An inclusive global reform process should guarantee that investment treaties do not sidestep the developmental priorities of emerging markets, or compromise sustainability. Therefore, many developing countries are calling for a review and reform of the treaties regime, including in particular bilateral 6 NICArb 2020 Annual Conference investment treaties between individual African states and foreign states. Concerns have been raised around the potential erosion of state authority on account of dispute resolution and anti-immunity clauses in a number of infrastructure investment contracts between African states and some lender states. Against the background of the mixed fortunes of Africa and the global South in international investment treaty arbitration, notions persist that investment treaties basically constitute an “investors Bill of Rights” and establish businessman's courts that compel non-hegemonic sovereign states to be accountable to foreign corporations. How can investment treaties be reformed or interpreted to address Africa's geopolitical apprehensions? The panel will examine key issues relating to investment treaties in Africa, particularly in Nigeria. The session will examine the extent to which international investment treaties incorporate traditional investment standards and address national priorities, and propose a roadmap for reform. Moderator: Dr. Abubakar Isa, Head, Department of International Law and Jurisprudence, Bayero University, Kano, Nigeria Panelists: Rose Rameau, Managing Partner, RAMEAU International Law Dr. Roland Amoussou-Guenou, Partner, VovanTrocadelyo Group Thailand Dr. Khrushchev Ekwueme, Partner, Olaniwun Ajayi LP, Nigeria Professor Mark Feldman, Advisory Board Member, Institute for Transnational Arbitration (ITA), USA 11.15 - 12.00 Plenary 2 (Breakout session): Review of the Institutional and Legal Framework for Arbitration in Africa: A Way Forward? Background: The practice and application of arbitration in Africa has increased in the last decade. While Africa-related arbitration has kept lawyers and arbitrators busy for a number of years in traditional arbitration centres, the market is steadily changing, with an increasing number of arbitral centres such as NICArb and arbitral practitioners developing specializations. As the market becomes more mature, notably in jurisdictions such as Nigeria, South Africa, Kenya, but also increasingly in francophone Africa, arbitrators are calling for African disputes to be arbitrated in Africa rather than 'exported' abroad to offshore centres at great cost in financial resources, national priorities, and environmental fidelity. The panel will engage with the ICSID with a view to forging common causes of action to elevate the institutional practice of arbitration in Africa and reduce the export of African disputes to ICSID and other institutions, in appropriate cases, in order to conserve 7 NICArb 2020 Annual Conference national resources, grow national and continental capacity,
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