Registered charity number: 803725 © Chartered Institute of Arbitrators 2017

CIArb International Arbitration Conferences 2017‘The Synergy and Divergence between Civil Law and Common Law in International Arbitration’

19 – 20 July 2017

191 Oxford Road, Rosebank Johannesburg2196South Africa

The Chartered Institute of Arbitrators is launching three international conferences in 2017 which will examine ‘The Synergy and Divergence between Civil Law and Common Law in International Arbitration’. The theme will be developed during each conference by identifying the issues and then developing solutions, using a pragmatic approach to the understanding and utilisation of both systems within arbitration.

The Johannesburg conference is the second of three conferences which will cover the topic examining issues relating to the African continent. It follows the Dubai conference in March which looked at the Middle Eastern and Asian perspective. The European and American angle will be considered in the final and concluding conference to take place in Paris in December.

Johannesburg conference, 2017

The programme comprises a series of panel discussions on the following topics:

• The role of legislation in developing and sustaining an arbitration friendly seat• Judicial intervention, perceptions and reactions• What the client wants: strategic choices in drafting arbitration agreements• The perspective from arbitral institutions on building a synergy between

common and civil law• Civil-common law divergence and convergence in handling disputes from

specific industries• Investment arbitration in the African context• Arbitrators: the civil and common law styles• Synthesis of recommendations to bridge the gap between legal traditions

in Africa.

All sessions will be discussed and debated from both common law and civil law angles with speakers from common law and civil law backgrounds. We will be delving into the differences and similarities between these perspectives.

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Conference programme

• 8.30am Registration and Coffee

• 9.00am Welcome and opening comments Professor Dr Nayla Comair-Obeid CIArb President and Christopher Adebayo Ojo Senior Advocate; Former Attorney General of the Federal Republic of Nigeria

• 9.10am Keynote Speech Michael Masutha South African Minister of Justice

• 9.30am Panel Discussion 1: The role of legislation in developing and sustaining an arbitration friendly seat Chair: Michael Masutha South African Minister of Justice and Correctional Services (Chair) / John Jeffery Deputy Minister of Justice and Constitutional Development

Abubakar Malami Hon. Attorney General of the Federation and Minister of Justice in Nigeria Antoine Diome Agent judiciaire de l’Etat du Sénégal Hon. Prof. Githu Muigai Attorney General of the Republic of Kenya Mamadou Konaté Mali Minister of Justice Lisa Grosh Assistant Legal Adviser at the US State Department in charge of International Claims

• 11.00am Coffee break

• 11.30am Panel Discussion 2: Judicial intervention, perceptions and reactions— The civil-common law approaches Chair: Judge Fergus Blackie Chair of the CIArb South African branch; Retired Judge of the High Court of Zimbabwe

Judge Joyce Aluoch (Kenya) Judge of the International Criminal Court (The Hague) Former Judge of the High Court of Kenya Justice William S Mweemba Zambia High Court Judge CIArb Zambia Branch Chair Hon. Justice Ishaq Bello Hon. Chief Judge of the Federal Capital Territory of Nigeria Judge Martin J. Bauwens Former Judge, Belgium & current ADR practitioner in the OHDA region Justice Geoffrey Kiryabwire Justice of the Commercial Division of the High Court of Uganda

• 13.00pm Lunch

• 14.30pm PanelDiscussion3:Whattheclientwants:strategicchoicesforanefficientandcost-effectivearbitrationprocedure? Chair: Michael Patchett-Joyce Barrister, Outer Temple Chambers

Michael Schottler Senior Legal Counsel, Anglo American Plc, Johannesburg (Mining) Jenny Cane SC Advocate, Advocates Group 621 Krinesh Govender Head of Legal & Insurance, TOTAL South Africa (Oil and gas) Vanessa Moreau Legal Counsel, MEA Orange Group Adewale Olawoyin Managing Partner, Olawoyin & Olawoyin (Maritime Sector) Time and cost: effective dispute management (to be addressed by all speakers)

• 16.00pm Coffee Break

• 16.30pm Panel Discussion 4: The perspective from arbitral institutions on building the synergy between civil and common law Chair: Christopher Adebayo Ojo Former Attorney General of Nigeria

Paul Jean LeCannu Legal Counsel at the ICSID Narcisse Aka Secretary General at CCJA, OHADA Tunde Ogunseitan Counsel, Secretariat of the ICC International Court of Arbitration Ndanga Kamau Registrar, MIAC-LCIA Túlio Di Giacomo Toledo Legal Counsel, PCA Mauritius

• 18.00pm Drinks, canapés and networking / Gala Dinner

Wednesday 19th July 2017

*Subject to change

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• 8.30am Registration and coffee

• 9.00am PanelDiscussion5:Civil-commonlawdivergenceandconvergenceinhandlingdisputesfromspecificindustries Chair: Anthony Abrahams CIArb Director General

Philip van Rensburg Partner at Hogan Lovells (Johannesburg) Mouhamed Kebe Managing Partner of GENI & KEBE (Senegal) Anand Juddoo Chartered Arbitrator and Quantity Surveyor; CIArb Mauritius Branch Chair Christopher Seppälä Partner, White and Case (Paris) David Butler Emeritus Professor, University of Stellenbosch

• 10.30am Coffee Break

• 11.00am Panel Discussion 6: Investment arbitration in the African context Chair: Benoit Le Bars Partner, Lazareff Le Bars

Isabelle Michou Partner, Quinn Emanuel Urquhart & Sullivan Babatunde Fagbohunlu Lead special counsel and arbitrator in Nigeria Lawrence Schäfer Advocate, The Maisels Group (Johannesburg); CIArb South Africa Branch Deputy Chair Kwadwo Sarkodie Partner, Mayer Brown (London) Marie-Camille Pitton Independent Legal Practitioner

• 12.30pm Lunch

• 13.30pm Panel Discussion 7: The art of advocacy: the civil and common law styles Chair: Mohamed Abdel Wahab Partner at Zulficar and Partners Law Firm (Egypt)

Grant Herholdt, ENSAfrica Partner, ENSAfrica Bowmans (Johannesburg) Kim Rosenberg Counsel, Freshfields (Dubai) Des Williams Partner, Werksmans (South Africa) Emilia Onyema Senior Lecturer in International Commercial Law, SOAS University of London

• 15.00pm Coffee Break

• 15.30pm Panel Discussion 8: Arbitrators: the civil and common law styles Chair: Anthony Abrahams CIArb Director General

Christopher Seppälä Partner, White and Case (Paris) Doyin Rhodes-Vivour Managing Partner, Doyin Rhodes-Vivour & Co; CIArb Nigeria Branch Chair

Edward William Luke Managing Partner, Luke and Associates (Botswana) Michael Tonkin Senior Vice President & Head of Expert Services, Middle East and Africa, HKA and CIArb Trustee

Adv. Cassie Badenhorst SC Advocate, Maisels Chambers (Johannesburg)

• 17.00pm Open Forum: Synthesis of recommendations on how to bridge the gap between legal traditions in Africa Chair: Justice Charles Kajimanga Judge of the Supreme Court of Zambia

Gaston Kenfack Former Chairman, UNCITRAL Patrick Lane SC 39 Essex Chambers, London James Kihara Partner, Kihara & Wyne Advocates; Accredited Mediator ; CIArb Kenya Branch Chair Anthony Abrahams CIArb Director General

• 18.15pm Close: Professor Dr Nayla Comair-Obeid President of CIArb.

Thursday 20th July 2017

The Chartered Institute of Arbitrators, 12 Bloomsbury Square, London, WC1A 2LP, UKT: + 44 (0)20 7421 7427 E: events@ciarb.org W: www.ciarb.org

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