Afrigather Okechukwu Okoro, deputy managing companion at G. Elias, a Nigerian enterprise legislation agency, speaks with Temitayo Ayetoto-Oladehinde on the significance of arbitration in resolving industrial disputes, and the agency’s dedication to equip stakeholders with the data and finest practices in arbitration.
There’s a notion that arbitration in Nigeria wants to enhance. What function do you assume worldwide establishments just like the London Court docket of Worldwide Arbitration (LCIA) can play in supporting it?
Worldwide arbitration establishments such because the LCIA have through the years performed an enormous function in supporting the event of arbitration in Nigeria.
Along with the function performed to this point by the LCIA in fostering arbitration in Nigeria, the LCIA ought to think about organizing extra coaching and capacity-building packages for Nigerian legal professionals, arbitrators, and different fans, it will assist practitioners develop the required expertise and experience in worldwide arbitration practices.
There’s a must additionally develop arbitration services and infrastructure in Nigeria, it will embrace funding in venues, know-how, and experience inside Nigeria and Africa. The Street Present is among the a number of initiatives of the LCIA aimed toward supporting the expansion of arbitration in Africa.
Learn additionally: The relationship between Arbitration and Courts
The federal government enacted a brand new Arbitration and Mediation Act final yr. How has this act improved the arbitration in Nigeria?
The newly enacted Arbitration and Mediation Act, of 2023 holds the potential to remodel the arbitration panorama in Nigeria. Many of the shortcomings within the outdated Arbitration and Conciliation Act which was enacted in 1990 have been addressed and improved upon within the 2023 Arbitration and Mediation Act.
With the 2023 Act, Nigeria turns into the third nation, becoming a member of Hong Kong and Singapore, to explicitly allow third-party funding, thereby enhancing the entry of firms to justice.
The Act comprises progressive provisions such because the appointment of an emergency arbitrator, the creation of an “Award Evaluate Tribunal” to behave as a second arbitral tribunal to overview arbitral awards, the introduction of the powers of an arbitral tribunal to grant interim measures of safety and order safety for prices, consolidation of arbitration proceedings and joinder of events.
Notably, the 2023 Act introduces provisions for mediation rather than conciliation as we have now below the outdated Act modernizes the arbitration framework, and strengthens the enforcement mechanisms. With the brand new regime, we anticipate a extra environment friendly, dependable, and engaging arbitration atmosphere in Nigeria.
G. Elias not too long ago hosted the LCIA West Africa Street Present 2024 in Lagos Nigeria. Inform us what knowledgeable the choice?
As certainly one of Nigeria’s main enterprise legislation corporations with a robust arbitration follow, we recognise the significance of arbitration in resolving industrial disputes. With LCIA’s place as a number one worldwide arbitration establishment, we’re very comfortable to be a part of and co-host our first Roadshow in Nigeria.
The LCIA Roadshow supplied a possibility for G. Elias to contribute to showcasing arbitration from an African perspective. It additionally offers a platform to showcase LCIA’s world-class arbitration companies and the way this may be utilised in resolving advanced and high-value disputes in Nigeria and Africa throughout Africa.
How does this occasion align with G.Elias’ targets and dedication to worldwide arbitration?
At G. Elias, we’re dedicated to assembly and exceeding shoppers’ necessities. As a enterprise legislation agency, we recognise that disputes are unavoidable in enterprise relations, and as such, an environment friendly and efficient dispute decision mechanism is important for companies to thrive. Internet hosting the LCIA West Africa Street Present is a method of contributing to the broader discourse on arbitration as the popular technique of dispute decision for companies in Nigeria and internationally.
The G. Elias disputes and arbitration workgroup which contains over 20 legal professionals with two senior advocates of Nigeria (the equal of the King’s Counsel within the UK), is ranked tier-one by the main worldwide listing of legal professionals. Worldwide arbitration has been on the core of our agency’s work from our earliest days. The LCIA Street Present additional underscores G. Elias’ dedication to the expansion of arbitration as the popular dispute decision discussion board in Nigeria.
As well as, by bringing collectively stakeholders from throughout varied sectors and members of the LCIA African Customers Council, G. Elias reinforces its place as a thought chief in each home and worldwide arbitration. The present allows us as a agency to forge tighter bonds with the LCIA and different arbitration consultants from Europe and throughout Africa.
The panel dialogue highlighted the significance of leveraging know-how in arbitration whereas recognising cybersecurity dangers. What particular issues do you image round know-how use in Nigerian arbitration and the way can they be addressed?
The transition from conventional arbitration hearings to the incorporation of know-how in Nigerian arbitration has undeniably caused vital enhancements in effectivity and price discount. Regardless of the myriad advantages, there are reputable issues arising from the usage of know-how within the Nigerian arbitration panorama.
Cybersecurity and knowledge privateness have emerged as pivotal concerns in latest occasions. Industrial arbitrations routinely contain delicate info not publicly out there. Given the varied contributors with various ranges of knowledge know-how (IT) assets and class, it turns into crucial for every get together concerned to take cheap measures to mitigate unauthorized intrusion within the arbitral course of.
Proactively addressing cybersecurity and private knowledge safety at an early stage, ideally through the preliminary case administration convention, is essential. Events and tribunals ought to doc the ‘technical and organizational measures’ in a written file, usually within the type of a procedural order or protocol that may be amended as circumstances evolve.
One other vital problem arises from the differing ranges of technological literacy amongst contributors, doubtlessly hindering the efficient utilisation of know-how in Nigerian arbitration. One technique to deal with that is to conduct coaching, the place needed, to familiarize the contributors with the know-how that can be employed for the arbitral continuing. These tutorial periods, scheduled by the tribunal or arbitral establishment, would serve to bridge the technological literacy hole.
Addressing these issues ought to be a continuing effort and would require a collaborative effort amongst stakeholders as there can be new challenges.
Digital Financial system Initiative for Africa goals to make sure that each particular person, enterprise, and authorities in Africa can be digitally enabled by 2030. What function do you see arbitration enjoying in resolving industrial disputes arising from Africa’s rising digital economic system?
The Digital Financial system Initiative for Africa underscores the continent’s dedication to harnessing know-how for financial development. As with each human relationship, because the digital economic system in Africa continues to thrive amidst operations in quickly increasing aggressive markets and evolving authorities rules, disputes are certain to come up. On this context, arbitration is useful as an environment friendly means for resolving these disputes.
Arbitration can considerably contribute to the decision of economic disputes inside Africa’s burgeoning digital economic system by offering a impartial and environment friendly platform. That is notably important for addressing disputes of cross-border nature, a standard attribute of the digital economic system, providing a preferable different to litigation in nationwide courts.
Furthermore, the confidential nature of arbitration has develop into more and more interesting to events engaged in delicate digital transactions. Arbitration offers a stage of privateness that is probably not assured in nationwide courts, enjoying an important function in safeguarding confidential proprietary info, commerce secrets and techniques, and enterprise methods, particularly for technology-based corporations.
The flexibleness of arbitration proceedings, permits events to tailor procedures to their particular wants, mixed with the power to expedite proceedings, aligns effectively with the dynamic nature of the digital economic system. Moreover, the enforceability of arbitral awards throughout borders, facilitated by the New York Conference, enhances the attractiveness of arbitration, contemplating the worldwide nature of most enterprise transactions throughout the digital economic system.
What particular actions is G. Elias taking to help the advance of efficient and environment friendly arbitration in Nigeria?
To help and promote the advance of arbitration in Nigeria, we have now through the years sponsored workshops, seminars, and coaching periods for authorized professionals and stakeholders to reinforce their data and expertise in arbitration. For instance, through the years, we have now been proud sponsors of a number of ICC arbitration occasions in Nigeria.
Additionally, we have now been conducting and publishing analysis on rising developments, ideas, and case legal guidelines in arbitration, with the intention of offering beneficial insights to the arbitration neighborhood in Nigeria. Up to now years, we have now amongst others, contributed to the World Arbitration Evaluate (GAR), and only recently contributed to the Nigerian Chapter of the sixteenth version of the Dispute Decision Evaluate, revealed by Lexology, with different consultants from 26 jurisdictions.
Moreover, as a part of our follow, we persistently present advisory companies to shoppers, guiding them on finest practices for incorporating arbitration clauses into contracts. We intention to not solely reduce potential disputes but additionally to foster the environment friendly decision of any points which will come up.
What’s your strategic outlook for arbitration in Nigeria and your plans for extra collaborations like this as an organisation?
As a progressive legislation agency, we keenly acknowledge the escalating desire for arbitration as a most well-liked methodology for resolving industrial disputes, attributing this pattern to the distinct benefits it holds over conventional litigation. To fulfill the rising demand for arbitration companies, G Elias is poised to speculate extra in capacity-building initiatives. This contains organizing workshops, seminars, and coaching packages to equip stakeholders with the data and finest practices in arbitration.
As a part of our dedication to offering specialised authorized companies, G.Elias is concentrated on creating industry-specific experience in arbitration, coupled with understanding the distinctive challenges and nuances of every {industry}.
Constructing on our latest collaboration with the LCIA, we aspire to forge further partnerships with key arbitral establishments each international and native, akin to LACIAC and LCA. This strategic method goals to foster collaboration on coaching packages and joint initiatives, contributing to the expansion and growth of arbitration throughout the nation.
The worldwide partnership is geared in direction of facilitating cross-border collaboration, exchanging finest practices, and offering publicity to various views throughout the subject of arbitration.
