The 6th ICC Africa Conference is taking place in a hybrid format on 1-3 June 2022!
ICC’s annual Africa conference 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.
An ICC Institute Advanced Training on Assessment of Damages by Arbitrators will take place on 1 June 2022.
Who should attend?
- Practicing lawyers
- Arbitrators, mediators
- Corporate counsel
- Academic
- Professionals interested in and/or involved in international arbitration in Africa
ICC Institute Advanced Level Training on Assessment of Damages by Arbitrators
*The Training will take place in person and in English only
*All times are West Africa Standard time
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08.30 – 09.00 |
Welcome coffee |
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09.00 – 09.15 |
Welcoming address, introduction and presentation of the training
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09.15 – 10.00 |
The Tribunal’s discretion to award damages versus the Tribunal’s duty to issue a reasoned decision - The extent of financial reasoning required in the award - The right of the Tribunal to reject both of the experts’ financial models without nominating an independent expert
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10.00 – 10.30 |
Q&A |
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10.30– 10.45 |
Coffee break |
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10.45– 11.30 |
Financial approaches to assessing damages - The uncertainty of the DCF method - Other tools outside the DCF/FMV dichotomy - The need for a more exact science
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11.30 – 12.30 |
Q&A and case scenarios |
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12.30 – 13.30 |
Lunch |
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13.30 – 14.15 |
Damnum emergens, lucrum cessans, and moral damages – how to calculate without double-counting - In a case of unestablished business, where costs of the contract and loss of profit are sought - In a case of conflicting business plan and real purchase offers - How to calculate moral damages
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14.15 – 15.15 |
Q&A and case scenarios |
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15.15 – 15.35 |
Coffee break |
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15.35 – 16.20 |
Award of interest: considerations for awarding compound post-award interest on costs, material and moral damages
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16.20 – 17.20 |
Q&A and case scenarios |
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17.20 – 17.30 |
Concluding remarks
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Programme (French)
African Arbitration: Consolidation and Transformation
*All times are West Africa Standard time
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9.00-9.45 |
Welcome Addresses Keynote Address Conference Overview
Special Guest of Honour:
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9.50-10.20 |
Coffee break |
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10.25-11.25 |
OPENING PLENARY African Arbitration in Review: Developments, Challenges and Future Opportunities Arbitration in Africa has evolved over the years from when African courts were not considered arbitration-friendly and foreign investors viewed arbitration on the continent with suspicion. Today, arbitration has taken a firm root in Africa. Court support for Arbitration has improved significantly. In addition, there exists a deep pool of competent and qualified practitioners; and arbitration users have therefore increased significantly. Other stakeholders such as government and policy makers view arbitration as a fundamental tool for enabling business and investment on the continent and are putting measures in place to update their arbitration laws especially in the enforcement of foreign awards This session will: - Highlight the key current developments in the various regions of Africa- East, West, North, South and Central Africa.
Session Coordinator
Moderated by
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11:30- 12:15 |
Fireside Chat with the President of the ICC International Court of Arbitration
Moderated by
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12:20-13:20 |
Enforcement of Arbitral Awards: Challenges This session will examine the various procedures for enforcing Arbitral Awards in the different African jurisdictions and enforcement of awards in other jurisdictions outside Africa concerning African cases, and an evaluation of enforcement of awards in France and the U.K. The session will also discuss the challenges that have been faced with enforcement in the African region and examine how fraud and corruption have been deemed to be vitiating elements that can affect the finality and enforcement of an arbitral award. Within the context of the P&ID case, the session will consider whether there is a need to reassess the law regarding contracts that have been obtained either through fraud or misrepresentation.
Session Coordinator
Moderated by
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13:20-14:20 |
Networking break/lunch |
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14:30-15:25 |
BREAKOUT SESSION 1 New Trends in Energy Sector Disputes: - The Attractions for African Arbitration Practitioners The energy sector is a critical element in Africa's economic development. It includes traditional resources such as oil, gas and coal as well as the increasing shift to renewable sources of energy such as solar and wind energy. The sector has been predominantly dominated by the petroleum industry. This has generated a significant number of disputes that have been resolved through international arbitration. And this number appears to be increasing. Notably, there have been recent reforms and developments in the energy sector in some African States, aimed at enhancing growth and sustainability of the sector. For example, Nigeria recently passed the Petroleum Industry Act, which seeks to provide legal, governance, regulatory and fiscal framework for the Nigerian petroleum industry. Egypt has also made significant in-roads in the renewable energy sector in order to further ensure a competitive market. This session will discuss some of the important developments in the energy sector in the different African countries. It will highlight how African arbitration practitioners can benefit from these developments.
Session Coordinator
Moderated by
BREAKOUT SESSION 2 L’arbitrage des contentieux relatifs aux marchés publics en Afrique Les Etats et entreprises étatiques sont des acteurs économiques de premier plan sur le continent africain. Leurs activités étant soumises à l'exigence de transparence dans la sélection de leurs co-contractant, nombre de leurs transactions sont régies par les règles de la commande publique. Cette table ronde a pour objectif d'examiner les particularités du contentieux des marchés publics en Afrique, du stade de la passation à celui de l'exécution.Dans une première partie de leur discussion, les intervenants s'interrogeront en particulier sur (i) les types de projets et formes de contrats publiques incluant des clauses d'arbitrage ; avant de (ii) s'attacher à examiner le contentieux des marchés publics et ses particularités.
Coordinatrice de la session:
Modératrice de la session:
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15:30-16:25 |
Damages in International Arbitration: Valuation Approaches One issue that has drawn significant attention from the international community in recent years is the assessment of damages in the context of international disputes. How wide is the gap in assessing loss between claimants and respondents? How much of a difference do experts make? What are the most common criticisms levelled by tribunals and how does this influence the amount they award in damages? What are the common methods adopted by tribunals in assessing damages? These are some of the questions that come up in relation to damages in international arbitration. This session will discuss the different valuation methods adopted in assessing damages in international commercial arbitration, including cost-related approaches, the market approach, the income approach and the overarching issues. The session will also feature discussion on the ICCs recommendation in assessing damages, ICCA-ASIL initiative amongst others.
Session Coordinator
Moderated by
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16:30-17:15 |
Hot Arbitration topics - Current Developments from the African Continent This session will focus on the regional and global developments by the ICC. Nigeria Tanzania Ethiopia Sierra Leone
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17.15 – 18.00 |
Wrap Up
Chaired by
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Programme (French)
*All times are West Africa Standard time
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, |
OPENING PLENARY |
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9.00-9.30 |
Keynote Speaker |
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9.30-10.15 |
International Arbitration in Construction Disputes: Trends & Opportunities International construction arbitration has developed significantly during the last 80 years. The number of cross-border construction contracts and international investment agreements containing arbitration clauses has exploded in the recent decades, leading to exponential growth in the number of construction disputes. Africa, particularly Nigeria, Egypt and South Africa have not been left behind, as there has been significant development in this field. This session will provide an overview on the African construction dispute landscape, unique features of construction arbitration and latest developments across jurisdictions.
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10.20-10.50 |
Coffee break |
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10.55-11.45 |
Collaboration, Inclusion and Representation in African Arbitration: Bridging the Anglo-Franco African divide The divide between the Anglophone, Lusophone and Francophone countries in Africa, their different jurisdictions and legal procedures also manifest in arbitration. While the Anglophone and Lusophone countries typically follow the common law and UNCITRAL Model Law on International Commercial Arbitration, the Francophone countries follow the civil law and Model of the OECD. In both the procedure of arbitration there is a difference between the adversarial and the inquisitorial styles of procedure. In the appointment of arbitrators and the enforcement of awards etc there are differences of approach. The session will examine the commonalities and differences in the two systems particularly as it relates to arbitration, and discuss how, in appropriate circumstances, the two legal systems (civil and common law) may be effectively combined to improve the administration of arbitral justice in the continent?
Moderated by
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11.50-12.40 |
Disruption and Technology in International Arbitration The rise in the adoption of technology in International Arbitration which has been accelerated by the disruption caused by the global pandemic will be the focus of this panel. The panel will look at various ways that technology aids arbitral proceedings including: - The practical issues arising from the use of virtual hearings with emphasis on developments within Africa.
Moderated by
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12.40-14.00 |
Networking break/lunch - Recent Developments in the Interpretation of Pathological Arbitration Clauses |
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14.25-15.15 |
BREAKOUT SESSION 1 Guerilla Tactics in Arbitration: Keeping Proceedings on track There have been increasing calls over the past few years for arbitrators to have more power to control counsel conduct. This is so because as commercial arbitration has grown to involve very high stakes disputes, there are increasing complaints about guerilla tactics, where counsel deliberately impede or obstruct the arbitral process. Notably, a tribunal’s failure to control counsel and adequately manage proceedings, may affect the effective and efficient resolution of the dispute. Given their duty to ensure a fair procedure and issue an enforceable arbitral award, arbitrators need to be imbued with power to rein in improper conduct, to level the playing field, and to prevent the undermining of the entire process. Panelists in this session will discuss the different guerrilla tactics in international arbitration and their effect on the arbitral process. It will analyze the importance of arbitrators’ powers to manage proceedings efficiently in the face of guerrilla tactics and examine whether there is need to create a “truly transnational” independent body with the power to enforce ethical standards in arbitration.
Session coordinator
Moderated by
BREAKOUT SESSION 2 Résolution des différends dans les industries extractives: le recours aux Modes Alternatifs de Règlement des Différends Le sous-sol du continent africain regorge de métaux, de minerais et de sources d'énergie, autant de matières prisées pour les besoins du commerce et de l'industrie mondiale. Les industries extractives génèrent ainsi un contentieux arbitral important en Afrique.
Modérateur de la session
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14.55-15.45 |
Arbitration Incubation: Ideas from the next generation This session will focus on emerging areas of interest for the next generation of African arbitrators. It will look at the sectors of the African economy that are currently showing a lot of promises and are set to become dominant economic factors. The panel will focus on: - Fintech and new technologies
Moderated by
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15.50-16.40 |
International Arbitration in Africa- Perspectives of In- house Counsel and other Arbitration Users In-course and arbitration users are important stakeholders in international arbitration. This session has been specifically designed for in-counsel and arbitration users to share practical experiences and insights on different arbitration issues including appointment of arbitrators, choice of seats and arbitral institutions, benefits, costs and challenges of arbitrating disputes in Africa.
Session coordinator
Session moderator
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16.45-17.25 |
Debate Double hatting in international arbitration by seasoned practitioners in Africa. 1. Does double hatting affect the reputation of the arbitration system due to the appearance of impropriety arising from an arbitrator acting simultaneously as arbitrator and counsel?
Session coordinator
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17.30-17.40 |
Vote of Thanks Closing Remarks Conference Wrap Up
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Confirmed speakers
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Aisha Abdallah |
Head of Dispute Resolution, ALN Kenya Anjarwalla & Khanna, Kenya |
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Hamid Abdulkareem |
Counsel, Three Crowns, United Kingdom |
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Bayo Adaralegbe |
Partner and Head, Energy Group, Nigeria |
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Funke Adekoya |
Independent Arbitrator, Funke Adekoya & Associates, Nigeria |
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Adeyemi Agbelusi |
Chairman, Institute of Chartered Mediators and Conciliators, Lagos Branch, Nigeria |
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Babatunde Ajibade |
Managing Partner, SPA Ajibade & Co., Nigeria |
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Abimbola Akeredolu |
Partner, Banwo and Ighodalo, Nigeria |
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Folashade Alli |
Principal Partner, Folashade Alli & Co., Nigeria; Chair, Programme Sub Committee |
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Meriam Nazih Al-Rashid |
Co-Global Head, International Arbitration, Evershed Sutherlands, Egypt |
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Sotonye Amachree |
Senior Associate, Ajumogobia & Okeke, Nigeria |
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Diana Asonaba Daapaah |
Deputy Attorney-General & Deputy Minister for Justice, Republic of Ghana |
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Mahamat Atteib |
Associate, Geni & Kebe, Senegal |
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Duncan Bagshaw |
Partner, Howard Kennedy LLP, United Kingdom |
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Sylvie Bebohi Ebongo |
Managing Partner, HBE Avocats, Cameroon
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Andrew Chukwuemerie |
Partner, Okibe Law House, Nigeria |
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Nadia Darwazeh |
Partner, Clyde & Co, France |
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Diamana Diawara |
Director, Arbitration & ADR, Africa, ICC International Court of Arbitration, France |
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Kabir Duggal |
Lecturer, Columbia Law School, United States; Senior International Arbitrator Advisor, Arnold & Porter Kaye Scholer LLP |
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Babatunde Edwards |
Chief Justice, Judiciary of Sierra Leone, Sierra Leone |
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Gbolahan Elias |
Conference Chairman & Planning Committee; Presiding Partner, Gbolahan Elias, Nigeria |
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Sarah Fafa Kpodo |
Director Legal, Ministry of Energy, Ghana |
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Babatunde Fagbohunlu |
Senior Partner, Aluko & Oyebode, Nigeria |
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Sesi Fasinro |
Legal Advisor, Chevron Nigeria Limited, Nigeria |
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Mamadou Gacko |
Senior Associate, DLA Piper International Arbitration Group, France |
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Patrick Hébréard |
Managing Director, FTI Consulting, France |
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Khaled Houda |
Managing Partner, Cabinets D’Avocats Houda, Senegal |
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Sami Houerbi |
Founding Partner, DHavocats, France |
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Marx Ikongbeh |
Principal, Everlaw Associates, Nigeria |
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Amara Inegbenoise |
Principal Consultant & Founder, Noise & Blue ADR Firm, Nigeria |
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Ilham Kabbouri |
Associate, Vinson & Elkins, United Arab Emirates |
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Momoh Kadiri |
Managing Partner, Mitchell Simmonds Solicitors, United Kingdom |
| Sopi Patricia Kakou | Managing Partner, AHEAD, Cameroon |
| Aurelia Kamga | Associate, Chazai Wamba Law Firm, Cameroon |
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Mark Kantor |
Arbitrator, Adj. Prof, Georgetown University Law Center, United States |
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Paul Kinninmont |
Partner, Candey, United Kingdom |
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Alexei Kirillov |
General Counsel, Guinea Alumina Corp, France |
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Sarah Fafa Kpodo |
Director Legal, Ministry of Petroleum, Ghana |
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Justina Lewa |
Partner, Chapitre LLP, Nigeria |
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Eunice Lumallas |
Partner, Lumallas Achieng’ and Kavere (LAK Attorneys); CIARB fellow, Kenya |
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Chikwendu Madumere |
Managing Partner & Chartered Arbitrator, Madumere & Madumere, Nigeria |
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Emuobonuvie Majemite |
Partner, Punuka Attorneys and Solicitors, Nigeria |
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Sarah Malik |
CEO and Founder, SOL International Ltd, United Arab Emirates |
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Stephanie Mbonu |
International Arbitration Associate, Freshfields Bruckhaus Deringer, United Kingdom |
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Evelyne Memphil |
Partner, Cabinet Memphil Avocat, France/Cameroon |
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Wamkele Mene |
Secretary-General, African Continental Free Trade Area Secretariat, Ghana |
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Perenami Momodu |
Partner, Aelex Legal, Nigeria |
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Alexandra Munoz |
Partner, Gide Loyrette Nouel, France |
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Ralph Mupita |
President and CEO, MTN Group, South Africa |
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Wilfred Mutubwa |
Chairman, Chartered Institute of Arbitrators, Kenya |
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Charles Nairac |
Partner, White & Case, France/Mauritius |
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Hafed Nassim Stambouli |
Chef du Contentieux International – Sonatrach SPA, Alger. Algeria |
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Mulopa Ndalameta |
Partner, Musa Dudhia & Co, Zambia |
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Thierry Ngoga |
Advocate and Arbitrator, Legal Line Partners, Rwanda |
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Achille Ngwanza |
Managing Partner, Jus Africa, Cameroon |
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Huguette Yvonne Nyana-Ekoume |
Directrice Général, Agence Judiciaire de l’Etat du Gabon, Gabon |
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Morenike Obi-Farinde |
Managing Partner, Adigun Ogunseitan & Co, Nigeria |
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Nelson Ogbuanya |
Judge, National Industrial Court of Nigeria, Nigeria |
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John Ohaga |
Partner, TripleOKlaw LP, Kenya |
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Mercy Okiro |
Arbitrator, M&O Advocates, Kenya |
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Diane Okoko |
Principal Partner, Okoko & Co, Nigeria |
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Ngo-Martins Okonmah |
Senior Associate, Aluko & Oyebode, Nigeria |
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Abayomi Okubote |
Founder and President, Association of Young Arbitrators, Canada |
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Adewale Olawoyin |
Managing Partner, Olawoyin & Olawoyin, Nigeria |
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Godwin Omoaka |
Partner, Templars & Associates, Nigeria |
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Reshma Oogorah |
Legal Counsel, Niyom Legal, UAE |
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Yejide Osunkeye |
Principal Partner, YBO Legal, Nigeria |
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Olubunmi Osuntuyi |
Secretary General, ICC Nigeria, Nigeria |
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Enobong Ozor |
Head Legal, Shell, Nigeria |
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Tafadzwa Pasipanodya |
Partner, Foley Hoag LLP, United States; Member, ICC International Court of Arbitration |
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Michele Porter-Wright |
Counsel, Allen & Overy, South Africa |
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Adedoyin Rhodes-Vivour |
Managing Partner, Doyin Rhodes-Vivour & Co, Nigeria; Member, ICC International Court of Arbitration |
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Claudia Salomon |
President, ICC International Court of Arbitration, Paris |
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Mohammed Sameh |
Prof. & Chair International Law Dept., Cairo Univ., Founder & Managing Partner - Amr & Partners Law Firm (Cairo), Attorney-at-Law & Arbitrator, Int. Consultant, France; Member, ICSID Panel of Arbitrators & Conciliators Egypt |
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Kwadwo Sarkodie |
Partner, Mayer Brown, United Kingdom |
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Babatunde Savage |
Chairman, International Chamber of Commerce Nigeria (ICCN) |
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Maxi Scherer |
Special Counsel , WilmerHale, United Kingdom |
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Joseph Siyaidon |
Senior Associate, Senior Counsel, Dentons ACAS-Law, Nigeria |
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Tom Smith |
Partner, Hogan Lovells, United Kingdom |
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Thomas Snider |
Partner, Head of Arbitration, Al Tamimi & Company, UAE |
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Naomi Tarawali |
Associate, Cleary Gottlieb Steen Hamilton LLP, Sierra Leone |
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Thierno Olory Togbé |
Principal Legal Counsel ALSF, Côte d’Ivoire |
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Habibatou Toure |
Senior Legal Counsel, Cabinet Habibatou Toure, Senegal |
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Dorothy Ufot, |
Founding and Managing Partner, Dorothy Ufot & Co, Nigeria; Chair, ICC Nigeria Commission on Arbitration & ADR; Member, ICC International Court of Arbitration |
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Ifeoma Utah |
General Counsel, MTN Nigeria, Nigeria |
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Hafez Virjee |
Independent Arbitrator; President of Delos, France |
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Robert Volterra |
Founding Partner, Volterra Fietta, United Kingdom |
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Louise Wright |
Partner, SOL International Ltd, United Arab Emirates |
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Abbé Yao |
Secrétaire Permanent de la Conférence des Barreaux de l'Espace OHADA, Côte d'Ivoire |
Training
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Funke Adekoya |
Independent Arbitrator, Funke Adekoya & Associates, Nigeria |
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Babatunde Ajibade |
Managing Partner, Spa Ajibade & Co, Nigeria |
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Tarek Badawy |
Partner, Shahid Law Firm, Egypt |
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Patrick Hébréard |
Managing Director, FTI Consulting, France |
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Jean-François Le Gal |
Partner, Pinsent Masons, United Kingdom |
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Charles Nairac |
Partner, White & Case LLP, France |
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Adedoyin Rhodes-Vivour |
Managing Partner, Doyin Rhodes-Vivour & Co., Nigeria; Member, ICC International Court of Arbitration |
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Manuel Tomas |
Partner, Foley Hoag, France |
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Dorothy Ufot |
Founding and Managing Partner, Dorothy Ufot & Co, Nigeria; Chair, ICC Nigeria Commission on Arbitration & ADR; Member, ICC International Court of Arbitration |
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Hafez R. Virjee |
Independent Arbitrator, France & United Kingdom |
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| Venue and dates |
6th ICC Africa Conference Dates: 1-3 June 2022 Venues: Conference: Eko Hotel & Suites, Adetokunbo Ademola Street, Victoria Island, Lagos Training: The Civic Centre, Ozumba Mbadiwe Street, Victoria Island, Lagos, Nigeria |
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Registration fees |
In-person Training: $375 (around N155,700) Conference: $325 (around N150,000)
Discount package Conference and Training: $600 (around N249,120)
Online Conference: $100 (around N41,545) *ICC Members receive a 20% reduction on all the above rates when using the NC discount codes For payment in Naira, please contact ICC Nigeria on: bunmi@iccng.org or call +2348035051058 hope@iccng.org or call +2349121078477
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Special discounts |
Group rates: Register 5 persons from the same company and pay for four. |
| ICC Sanitary Protocol for 6th ICC Africa conference and ICC Institute training |
The safety and wellbeing of participants in ICC events is a fundamental concern of the organisation. Registration and participation in an in-person ICC event requires that you adhere to health and safety measures implemented by the organisers and that you agree to comply with those measures at all times. Those measures may vary depending on local health and safety considerations including government regulations and guidelines, and rules governing the venue. Participants at ICC events accept the risk of change of health and safety obligations and its impact on measures implemented by organisers which may include: showing a health pass, social distancing, optional wearing masks, temperature measurement, use of hydro-alcoholic gel, limiting number of participants and restricting their physical gathering, holding the meeting virtually, limiting catering services. By registering and attending the 6th ICC Africa Arbitration conference you may be required to wear a mask in the indoor areas of the hotel and the Civic Centre to follow the local regulations. Make sure to take note of the travel restrictions in place: Coronavirus Nigeria Advisory |
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Visa |
Visa applications for entry into the Nigeria can take several weeks to process. If travelers from your country of citizenship require a visa to enter Nigeria, we highly recommend that you begin the visa application process well in advance. ICC Nigeria is able to dispatch visa invitation letters to support your visa application only after receipt of your registration online. |
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Working languages |
Conference: English & French Training: English |
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Credits and hours |
Ahead of this event, applications have been sent for: CLE credit under New York’s approved jurisdiction procedures. CLPD points from the State Bar of Dubai. CNB approval from the French Bar. Further, ICC Global Events is a State Bar of California approved MCLE provider. Please note that ICC Global Events cannot guarantee that these applications will be accepted. Applications are often approved or rejected at very short notice before the event. If you have any questions please contact ICCGlobalEvents@iccwbo.org. |
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Disclaimer |
The photos and audiovisual recordings taken at this meeting/event may be used and published by ICC, its subsidiaries or affiliates, for informational or promotional purposes in printed materials or online, including on ICC websites and in social media. |
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