Experts from around the world discuss international arbitration in Africa at Penn State Law event

UNIVERSITY PARK, Pa. – Leading arbitration practitioners and scholars from around the world gathered in Washington, D.C., on March 11 for a discussion on “The Future of International Arbitration in Africa” at the third annual Penn State International Arbitration Day.

The daylong event, organized by the Penn State International Arbitration Group, was held at the Washington offices of Greenberg Traurig LLP and sponsored by the American Society of International Law, Greenberg Traurig LLP, Penn State Law, and the Penn State School of International Affairs.

As Africa’s economies have grown over the past decade, the continent has seen a spike in foreign investment and, with it, an increase in the number of international disputes going to arbitration. Africa has a rich history of alternative dispute resolution, and several African countries have been modernizing their arbitration regimes in recent years based on the United Nations Commission on International Trade Law (UNCITRAL) Model Law.

These issues and others were the topics several panel discussions and the conference’s keynote address by Edward W. Fasholé-Luke II, an international arbitrator from Botswana. Luke, an attorney with Luke and Associates in Gaborone, Botswana, provided an overview of international arbitration from the perspective of an Africa-based arbitrator.

The conference also featured panel discussions on:

The Legacy of the Eritrea-Ethiopia Claims Commission,
The Institutions and Practice of International Commercial Arbitration in Africa,
Structural Challenges for Dispute Resolution in Africa: Culture, Diversity, and Development, and
Foreign Investment and Investment Arbitration in Africa.

“Our students did an incredible job organizing a rich and compelling program on a rapidly changing topic at the forefront of international arbitration scholarship and practice,” said Catherine Rogers, the Paul and Marjorie Price Faculty Scholar at Penn State Law and a panelist at the event. “The conference brought together a diverse and remarkable group of scholars and attorneys, all of whom helped advance the discussion on the important issue of international arbitration in Africa.”

“Greenberg Traurig was very pleased to host this year’s Penn State International Arbitration Day, particularly given its focus on Africa, an important and growing geographical region in the world of international arbitration,” said Thomas R. Snider, an international arbitration specialist at Greenberg Traurig and moderator of one of the panels. “The Penn State students are commended for their initiative and hard work in making this event a reality.”

In addition to Luke, Rogers, and Snider, the list of speakers, panelists, and moderators included:

Amaka Megwalu Anku, Dilikam Advisors, LLC
David A. Baron, Greenberg Traurig LLP
Perry Bechky, International Trade & Investment Law PLLC; Co-Chair ASIL Dispute Resolution Interest Group
Deborah Brautigam, Johns Hopkins University’s School of Advanced International Studies
John Crook, George Washington University Law School
Joseph M. DeThomas, Penn State School of International Affairs
Amina Dzano, Penn State International Law Group
Uché Ewelukwa, University of Arkansas School of Law
Chiara Giorgetti, University of Richmond School of Law
Aurélie Huet, Huet Law International
Jude Kearney, Greenberg Traurig LLP
Jackson Kern, Addis Law Group
Won Kidane, Seattle University Law School; Addis Law Group
Alexandra A.K. Meise, Foley Hoag LLP
Sean D. Murphy, George Washington University Law School; UN International Law Commission
Kenneth K. Mwenda, American University Washington College of Law
Reta Alemu Nega, Ethiopian Embassy
Tolu Obamuroh, Lagos Court of Arbitration; Penn State Law S.J.D. Candidate
Leyou Tameru, I-Arb Africa
Curtis B. Toll, Greenberg Traurig LLP; Penn State Law Board of Advisers

The Penn State International Arbitration Group was founded in October 2014 to provide a platform for interaction between practitioners, academics, and students on current issues in the practice of international arbitration. Its membership comprises J.D., LL.M., and S.J.D. students and the group seeks to partner with other law schools, arbitral institutions, and law firms in exposing its members to the practice of international arbitration.

The first Penn State International Arbitration Day was held in November 2014 at Penn State Law in University Park. In 2015, the event was held at White & Case LLP in New York City, and was co-sponsored with White & Case and the Columbia Law School Center for International Commercial Arbitration.

See below for links to the recordings of the event introduction, the keynote speaker, and each of the panel discussions.

Either a PC with Firefox or a Mac with Safari is required to view these videos. You may be required to install or update Silverlight.

View a slideshow of the event below.

Penn State International Arbitration Day 2016

PSIAD 1

Penn State Law students and alums with our generous sponsors from GreenbergTraurig, LLP. From left to right: Tom Snider (GreenbergTraurig, LLP); Saleh Abbadi; Radu Giosan (Secretary, Penn State International Arbitration Group); Julie Wortham; Amina Džano (President, Penn State International Arbitration Group); Tolu Obamuroh (Lagos Court of Arbitration, Penn State Law SJD Candidate and former President and founder of Penn State International Arbitration Group); Prof. Catherine Rogers (academic advisor to the Penn State International Arbitration Group); Philip Reinhart; Amjad Alruhaili; and Zach Bollman

PSIAD 2

Keynote Speaker Edward W. Fashole-Luke II with a student.

PSIAD 3

PSIAD 4

Leyou Tameru (I-Arb Africa) and Tolu Obamuroh (Lagos Court of Arbitration)

PSIAD 5

Ed Rowe (Picard Kentz & Rowe LLP and of-counsel to the Government of Ethiopia in the Eritrea-Ethiopia Claims Commission) reunited with Reta Alemu Nega (Embassy of Ethiopia and representative of the Government of Ethiopia in the Eritrea-Ethiopia Claims Commission)

PSIAD 6

PSIAD 7

From left to right:
Ed Rowe (Picard Kentz & Rowe LLP);
Sean D. Murphy (George Washington University Law School & UN
International Law Commission);
Chiara Giorgetti (University of Richmond School of Law);
Tom Snider (Greenberg Traurig LLP);
Reta Alemu Nega (Ethiopian Embassy);
David A. Baron (Greenberg Traurig LLP); and
John Crook (George Washington University Law School).

Mr. Rowe and of-counsel for the Government of Ethiopia during the Eritrea-Ethiopia Claims Commission, inspired wonderful discussion during Q&A after panelists Mr. Crook, Mr. Murphy, Mr. Nega, and Ms. Giorgetti shared their unique insights into the Legacy of the Eritrea-Ethiopia Claims Commission.

Mr. Baron moderated an invigorating discussion as panelists shared multiple perspectives on the Commission.

Drawing on his experience as an arbitrator for the Commission, Mr. Crook reflected on the difficulties arbitrators faced in collecting evidence and expert testimony, but highlighted the unique opportunity the Commission offered to both parties to address difficult issues “off the political agenda.”

Mr. Murphy, an advocate and of-counsel for Ethiopia, shared five lessons from his experience at the Commission: (1) establishing jurisdiction may be difficult; (2) the exact contours of liability on use of force were not well-defined; (3) be sure you can prove the other side attacked first; (4) with respect to disputed territory, focus on who administered the territory at the time of conflict; and finally (5) sorting out damages can be tricky.

Mr. Nega was one of the Ethiopian Government’s representative at the Commission. In sharing his perspective, Mr. Nega highlighted the importance of each State’s commitment to international peace and security, particularly through the efficient resolution of disputes in efforts to avoid hostilities spiraling out of control.

Ms. Giorgetti, of-counsel for the Government of Ethiopia at the Commission, focused more specifically on the Commission’s final judgments and compliance. After detailing the allocation of damages, Ms. Giorgetti pointed out the primary mechanism of enforcing judgments under the Eritrea-Ethiopia Claims Commission Agreement, offered alternative to the article 5 (16) enforcement mechanisms, both ante and post arbitration alternatives.

PSIAD 8

PSIAD 9

Moderator Tom Snider (GreenbergTraurig, LLP) with one of the youngest panels of Penn State International Arbitration Day 2016 discussing The Institutions and Practice of International Commercial Arbitration in Africa.

From left to right: Tom Snider (GreenbergTraurig, LLP), Amaka Megwalu Anku (Dilikam Advisors, LLC) offered the perspective of in-house counsel advising a multinational enterprise with operations in Nigeria on if and when arbitration is the best form of dispute resolution; Jackson Kern (Addis Law Group) shared a statistical analysis of counsel representation in arbitration involving African parties, specifically considering the ubiquity of African, foreign, and mixed counsel; Aurélie Huet (Huet Law International) highlighted the success of the Mauritian LCIA-MIAC Arbitration Centre as a premier arbitral institution in Africa and shared recent Mauritius case law suggesting judicial support for arbitration; and Tolu Obamuroh (Lagos Court of Arbitration) offered insights regarding the challenges and continued growth of African arbitral institutions, particularly the Lagos Court of Arbitration