ESQ Legal Practice Magazine JUNE 2014 EDITION | Page 25

inconsistent with the purpose
of the Convention and a
barrier to the effective and
speedy enforcement of
arbitration awards, for
An arbitration expert, Jimmy He concluded by saying, “I
example, if a small part of a
Muyanja speaking from
have drawn on experiences
large award was challenged,
Uganda perspective, noted
within Africa to show the
with the effect that the
that Ghana and Kenya had
wealth of material of the
application of the entire award
gone a step further by
diverse approaches to court
was suspended (see National
including customary law
intervention. I hope you agree
Nigerian Petroleum Corporation
under the purview of
with me that the overall thrust
v IPCO (Nigeria) Ltd [2008]
arbitration, with Ghana
of all these initiatives is to put
EWCA Civ 1157).”
having an impressive 25
arbitration on the centre stage
Speaking on the American
sections in the Part III of the
and most beneficial for the
experience, he stated that “The
Act, while Kenya on the other users.
US Supreme Court has also
hand, entrenched applicability
In a paper delivered by Prof.
noted the pro-enforcement
of arbitration by recognising it
Khawar Qureshi QC, from
nature of the New York
as constitutional right.
United Kingdom, he noted
Convention. In Scherk v.
On the usual collision of
that “the English courts have
Alberto-Culver Co., 417 U.S.
Doyens of arbitration in
legislation in the application
refused to take an “all or
506, 520 n. 15 (1974), the
Nigeria like former Lagos
of arbitration, he informed
nothing” approach to the
Supreme Court held “the goal
State Attorney-General and
that African countries are
enforcement of awards, and
of the [New York] Convention,
Commissioner for Justice, Mrs
applying different solutions,
will allow for recognition and
and the principal purpose
Hairat Balogun SAN, former
with Uganda and Kenya
enforcement of all or part of
underlying American
Attorney-General of the
opting to enact specific
an award. The rationale for
adoption and implementation
Federation and Minister of
subsidiary legislation
this is given on the grounds
of it, was to encourage the
Justice, Alhaji Ibrahim
addressing court procedure,
that the alternative would be
recognition and enforcement
Abdullahi (SAN) were on
Given the important roles that
judges play in arbitration,
senior justices like the
President of the Court of
Appeal (PCA), Justice Zaina