JICAM 2020 Rules: Arbitration & Conciliation Act, Inapplicable To Labour Dispute — Hon. Justice Benedict Kanyip

*JICAM Rules Will Usher In A New Era In ADR–J.K Gadzama SAN
*JICAM Rules 2020 Takes Care Of A Lot Of Issues In Its Uniqueness And Flexibility–Justice Ibrahim Auta, (Rtd)
*Article 35 Of the Article JICAM provides For Video, Audio Conferences And Virtual Hearing– Prof. Idornigie, SAN
*JICAM in Partnership With ICMC to deliver First Ever African Mediation Conference– President ICMC Chief Emeka Obegolu

THE Janada International Center for Arbitration and Mediation (JICAM), Abuja on the 3rd day of October, 2020 launched it’s Arbitration and Mediation Rules, 2020 together with a paper presentation on “Institutional Arbitration in Africa Post COVID-19”.

The Chairman of JICAM Board of Trustees, Chief J.K Gadzama, SAN, FCIArb who said the welcoming address appreciated all the participants who were present in Abuja and those who connected virtually.

Meanwhile, he noted that it is an “historic occasion and a two-in-one event”, stating that the new JICAM Rule “will usher in a new era in the Alternative Dispute Resolution” regime in Nigeria.

In addition, the learned silk noted that Arbitration & Mediation are the most effective means of dispute resolution, with great impact on foreign direct investment (FDI), economic growth amongst others.

In another development, the Chairman of JICAM Governing Council, Hon. Justice Ibrahim Auta, FCIArb (Rtd), who was ably represented appreciated all distinguished guests who graced the event, physically and virtually.

He stated that he is confident that the event would be reminisced on in the future because of the leading arbitrators who graced the event across the world.

Similarly, he noted that when there is confidence in the regime of arbitration and mediation, it leads to increased FDI in a country.

However, he stated that the impact of the Coronavirus pandemic presented an opportunity ‘for transformation of lives’, noting that “necessity is the mother of invention” as we’ve been witnessing online dispute resolution by virtue of the pandemic.

Also, he noted that the JICAM Rules, 2020 takes care of a lot of issues, in its uniqueness and the flexibility suitable for institutional and ad-hoc proceedings.

Finally, he stated that it is “a way of giving back to the arbitration community”.

In the paper presentation of Prof. Paul Obo Idornigie, SAN, PhD, FCIArb, C.Arb, on the topic “Institutional Arbitration in Africa Post COVID-19”, he stated that “arbitration is a means of resolving disputes pursuant to an arbitration agreement. It can also arise from a statute or treaty. It can even be customary.”

In addition, he stated that “arbitration has many distinguishing features and underlying principles —principle of party autonomy, principle of separability, principle of arbitrability- objective and subjective, competence of the arbitral tribunal to rule on its jurisdiction and principle of minimal judicial intervention.”

However, he noted that according to a 2020 survey, “Africa has 91 arbitration centres and 54 countries. 350 were received from individuals in 34 countries across Africa, Asia, Middle East, North America and Europe.

“Out of this number, 83% have participated in arbitration in Africa, 60% have participated in institutional arbitration in Africa and 48% have participated in adhoc arbitration in Africa. Expectedly, the top five arbitral centres in Africa as determined by an independent coding exercise are: Arbitration Foundation of South Africa(AFSA), Cairo Regional Centre for International Commercial Arbitration(CRCICA), Ouagadougou Arbitration and Mediation and Conciliation Centre (OAMCC), OHADA Court of Justice and Arbitration Centre (CCJA) and Kigali International Arbitration Centre (KIAC).

“However, the top five arbitral centres as chosen by the respondents are AFSA, CRCICA, KIAC, Lagos Court of Arbitration(LCA), and Nairobi Centre for International Arbitration (NCIA) with AFSA,CRCICA, LCA, NCIA and CCJA having the best support facilities. One is tempted to ask: where is the Lagos Regional Centre inaugurated in 1980”

In addition, he noted that he shares the view “that Africa has many arbitration institutions but the real question is whether they are really arbitral centres providing effective services for arbitration and other alternative disputes resolution processes.”

Unlike Egypt and South Africa that adopted the UNCITRAL Model Law on International Commercial Arbitration in 1994 and 2017 respectively, Nigeria adopted the Model Law in 1988 and the Lagos State Government passed its arbitration law in 2009. Why is Nigeria not leading in terms of arbitral centres and seats of arbitration?

“From my personal knowledge, most hearings in Nigeria are either held in hotels or Law Offices of Legal Practitioners. Such hearings whether domestic or international are not well documented. This probably accounts for the poor performance of Nigeria in the survey report.”

However, on the way forward, the learned Prof noted that there is a need for some facilities to be in place, convenient location; spacious hearing rooms and breakout facilities; recording and transcription equipments; convenient facilities; professional staffs; clear rules of arbitration; support in appointing arbitrators; cost-effectiveness; arbitration rules in different languages with explanatory notes; efficient case management; access to efficient and modern technology; and neutrality and high reputation.

Thus, he noted that JICAM has taken care of all these most particularly in Article 35 of the JICAM Arbitration Rules which provides for video and audio conferences and virtual hearings.

In another development, the President of the National Industrial Court, Hon. Justice Benedict Kanyip, FNIALS lauded JICAM on the giant strides achievements.

Meanwhile, he started by stating that the Arbitration and Conciliation Act, LFN, 2004 does not apply to labour disputes, noting that it is within the precinct of commercial dispute.

Finally, the JICAM Arbitration and Mediation Rules , 2020 was launched.

In the goodwill message of the President of Institute of Chartered Mediators and Conciliators(ICMC), High Chief Emeka J.P. Obegolu, FICMC, FCIArb, he congratulated JICAM on the launch of her Rules and the paper presentation.

Meanwhile, he noted that the institutions meant to project alternative dispute resolution in Nigeria need to synergize for effective service delivery.

“Within the Nigerian ADR landscape, we have over 10 prominent Arbitration and Mediation institutions in Nigeria. We must ask ourselves the question; “Can all these institutions thrive on their own?” We most likely have different answers to this question, but I believe the general hope is for these institutions to leave their mark in the dispute resolution landscape, and contribute to the effective resolution of disputes. However, to achieve this, there must be synergy of some sort between these institutions. We must see ourselves not as competitors, but as partners in this dynamic field of ADR.” He said.

Therefore, he stated that ICMC extends hands of partnership to all ADR institutions in Nigeria and Africa.

“The Institute of Chartered Mediators and Conciliators hereby extends a hand of partnership to all the ADR institutions in Nigeria, and across the African continent, to achieve our united aim of promoting the use of Mediation and Arbitration as the primary means of dispute resolution in Africa.

“We are currently partnering with over twenty (20) ADR institutions in Africa; one of which is JICAM, to deliver our first ever African Mediation Conference, themed “Transnational Commercial Mediation: Leveraging Options and Intersections in Africa.” We would be delighted to welcome more organizations to partner with us to interrogate the growth and developments surrounding the business of Mediation and International Commercial Mediation in Africa.” He said.

Finally, he said they look forward to building a longstanding relationship with JICAM.

“May I end by congratulating the Governing Council and Management of the Janada International Centre for Arbitration and Mediation (JICAM), you must be proud of your achievements over the years. We look forward to building a long-lasting relationship with JICAM, and await with pleasure the future accomplishments of JICAM.”

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Janada International Centre for Arbitration and Mediation(JICAM) on Saturday launched Arbitration Rules 2020 and Mediation Rules 2020. It is a "MUST" have handbook for all mediators and arbitrators. Congratulations to JICAM for this giant strides.

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