ESQ Legal Practice Magazine JUNE 2014 EDITION | Page 67

adopt their activities and
behaviour to the requirements
of the legal order which
resultantly form stable, social
and economic relationships;
this should be the aspiration of
most legal systems, particularly those under the democratic conditions. Other
rationale involving fair and
equitable treatment is that the
administrative and political
orders of the Host State's do
not affect the basic expectations that were taken into
account by the foreign investor
at the time the investment was
made. The deliberations on
the matter of foreign investments are complex and time
will not allow the discussion
of the various ramifications in
this interview.

Emergency Arbitrator
Provisions to apply, they must
expressly opt out by using the
second of the two arbitration
clauses.
Parties are free to adapt the
chosen clause to their particular circumstances. For
instance, when providing for
arbitration, they may wish to
stipulate the number of
arbitrators, given that the
Rules of Arbitration contain a
presumption in favour of a
sole arbitrator. They may also
wish to stipulate the language
and place of the arbitration
and the law applicable to the
merits. When providing for
ADR, they may wish to specify
the settlement technique to be
applied, failing which
mediation, the default
mechanism, will be used.
The last clause above is a twotiered clause providing for
ADR followed by arbitration.
Other combinations of service
are also possible. Combined
and multi-tiered disputes
resolution clauses may help to
facilitate dispute management.
However, it is also possible for
67 I EsQ legal practice

enormous jurisdictional
implications.
Nigeria has acceded to the
ICSID Convention some of its
citizens have been recorded as
Arbitrators under the Centre's
list. It may be advisable that
Government make use of the
expertise of these people when
the need occurs.

Women in Arbitration: Lots of Talk.
Any changes in recent times; what
are the factors limiting women
arbitrators?
Arbitration is not the exclusive
premise of men. An Arbitrator
has been defined as a person
chosen to settle dispute
between two parties. It should
be noted that, the person may
be a male (man) or female
(woman). Women have
Even where the dispensations, always taken prominent part
tax havens and other
in arbitration and they have
palliatives granted the foreign been severally appointed as
investors appear attractive
arbitrator(s) to settle disputes.
problems from disputes
As the dispute settlement
arising have not been averted. mechanism gained promiMany African States including nence, women have taken their
Nigeria gave overwhelming
rightful place except that the
support to the ICSID
number was not as many as
Convention and at the
male arbitrators.
adoption of the Convention
there was a prevalent view
In the 1980s there were few
that the protection of foreign
women in the international
investors was coterminous
dispute resolution community
with the protection of the
and it was realized that they
general interest of developcould benefit significantly
parties to file requests under
ment in the third world
from the creation of a network
ICC ADR Rules or the ICC
Countries.
to enable them to share ideas,
Rules for Expertise at any
celebrate their achievements
time, even after a dispute has
and work together to find
arisen or in the course of other Settlement of Investment
disputes are generally
ways to promote women in the
dispute resolution proceedprovided for under the BITs
field. A friend and colleague
ings.
and other multilateral treaties. of mine Louise Barrington
According to Section 25 (1) of invited a small group of
How will you assess the benefits of the ICSID Convention,
women around the world who
the various Bil