ESQ Legal Practice Magazine JUNE 2014 EDITION | Page 68

expedition when documents
are requested, and allow the
other party opportunity of
On the question of what
presenting his case. It is also
advice I have for other women the duty of Counsel to grant
arbitrators. I will only say to mutual respects to parties in
them that being a good
the proceedings rather than
renown arbitrator is a
being recalcitrant.
developmental thesis of each
individual woman but the top
of the ladder is not impossible. Corruption in Arbitration. What
I believe women possess rare are the risks and liabilities of
Arbitrators?
genes for integrity which if
Corruption is not specifically
developed make them
dealt with or defined under
perform excellently in any
field of endeavour they chose, the Nigeria Arbitration and
Conciliation Act and in most
women Arbitrators must be
other national Arbitration
heard and not just seen and
laws, but any such acts may
they must uphold the
independence, confidence and amount to misconduct and
may result in challenge to the
integrity that is required for
arbitrator. In the celebrated
the Arbitral profession in
which trust is essential to gain Nigeria case of Taylor
Woodrow (Nigeria) Ltd V
the confidence of parties
Suddenche Etna-werk GmbH
whose cases are being
adjudicated upon. In other for (1991) 2 N W L R (pt175) 602
amongst the acts that amount
a women to be known and
to misconduct are listed fraud
respected in the field her
and corruption.
indelible reputation must
preceed her and transmit
worldwide particularly in
On the question of what key
characteristics make for the
International Arbitration. I
perfect International Arbitral
humbly believe that any
woman who works hard and Tribunal?
diligently will achieve utmost Such key characteristics that
record and reputation. There make a good (not perfect)
International Arbitral Tribunal
is nothing that cannot be
achieved with hard work and I are independence, confidence
and impartiality.
commend that value to my
female colleagues.
On the question of what has been
my experience in the International
What are some of the likely
Arbitration.
problems faced by Arbitrators at
My experience in the practice
the Tribunal level?
As has been seen above while of international arbitration has
been overwhelming. I took up
discussing the principles of
the study of dispute resolution
arbitration under the ICC
as a challenge when I was a
Rules, prompt attention to
legal adviser in the Federal
issues, is required from the
Ministry of Industry and had
parties as well as the arbitral
to attend to matters that
panel in order to safe costs.
require interaction with
However, my personal
foreign entrepreneurs. One of
experience in the practice of
the most important part of my
arbitration in Nigeria is that
work in the Ministry was to
delays are always caused by
advise Government on
parties and or their counsel
commercial contracts and to
who rather than remind
themselves of the rules of the ensure that contracts entered
into on behalf of Government
Arbitral process and the
procedures guiding them still were legally adequate and
behave as if they are in court protect the right of parties.
and thereby caused consider- One of the agreements that
held a place in my memory
able delay in proceedings by
was the negotiation for the
bringing frivolous applicaPeugeot automobile assembly
tions and objections which
plant. My legal colleagues
usually cost delay and
from the civil law country
increase costs.
wanted to put in a clause for
settlement of dispute under
In fact, Counsel representing the ICC Rules as well as apply
parties in arbitration proceed- the provisions of
ings need to acquire special
INCOTERMS. I responded
knowledge that arbitral
that we also had a law on
proceedings defer from those Arbitration under our 1958
in the courts. They should
Laws but that did not go
focus on the facts of the case, down well with them and they
leave behind their fishing
pointed to the case stated
ArbitralWomen.

The general features of the
Arbitral Women include
amongst other things,
networking, meeting other
women in the field, organizing
formal and informal events
and gatherings, us X[H[