Finance Monthly - May 2023

Finance Monthly. Special Feature 21 where the losing party has assets) is much more important than the seat of the tribunal. Therefore, it is important to watch for the potential place(s) for enforcement. If you have the perfect arbitral award that stands all challenges, but which you cannot enforce in the only jurisdiction where there are assets, because the judge in that jurisdiction considers your award to be in breach of their public policy, you would have laboured in vain. It can be a true challenge to determine in advance the jurisdiction in which one might need to seek enforcement of an arbitral award; but the more predictable it will be, the easier it will be to organise. It is not always possible, but parties must watch out for that. Is there a particular piece of advice that you would give to a less experienced legal practitioner who wants to specialise in arbitration? First, I would suggest getting proper training in arbitration, whether in a university or by specialised institutions. Personally, I was trained by the Chartered Institute of Arbitrators, of which I am a Fellow. However, there are many other very good institutions out there providing substantial training in arbitration. Second, attend arbitration-related events (conferences, workshops, etc.) and use them to network. Read and write on the topic whenever you can; embrace any opportunity to speak at such events and any opportunity to serve as secretary to an arbitral tribunal. For any of the above, strive to be meticulous. If you had to choose, which of your career achievements are you most proud of having accomplished? This question is somewhat challenging, because there are many achievements I am proud of and it is not easy to choose between them. One of them is that I was able to introduce specific provisions in the revised Arbitration Rules I drafted for a centre in a Central African country as mentioned above, to ensure more diversity, at different levels, in the selection and appointment of arbitrators by the centre. I also included provisions that would enable the collection of anonymous data and any other relevant information, as well as the establishment of annual statistics to assess diversity and determine where improvement may be needed. To the best of my knowledge, it is probably the first time that such provisions are included in the Rules of an arbitration centre, and I believe their impact can be measured very quickly if they are well implemented. Do you have a particular creed or philosophy you live by? Of course: “You shall not pervert justice; you shall not show partiality, nor take a bribe …” (Deuteronomy 16:19). What it is that motivates you to achieve success for your clients? The determination to achieve excellence and unquestioned loyalty to my clients without compromise. At an early stage, even before disputes arise – such as while contracts are being drafted – it is important to avoid “pathological clauses.” “ “

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