CORPORATE SCENE
The Nairobi Centre For
International Arbitration
(NCIA)
By Riapius Magoma Moenga
R
ecently I had the privilege to lead
my colleagues for a chat over a cup
of tea with the CEO of Nairobi
Centre for International Arbitration
(NCIA), Mr. Lawrence Ngugi, to try and
get an in-depth grasp of what the NCIA
stands for in the region. It was such a
fulfilling engagement that left us more
than enlightened and here-under are
some excerpts to help onboard you on this
knowledge train.
The Nairobi Centre for International
Arbitration (NCIA) was established in
2013 by an Act of Parliament, the Nairobi
Centre for International Arbitration Act
No. 26 of 2013, as a Centre for promotion
of international commercial arbitration
and other alternative forms of dispute
resolution.
The NCIA offers a neutral venue for the
conduct of international arbitration with
commitment to providing institutional
support to the arbitral process. In addition
the NCIA caters for domestic arbitration
and other forms of dispute resolution
such as mediation.
NCIA is an independent institution
administered by a Board of Directors
composed of professionals from the
East Africa Region. The directors are
accomplished practitioners with multiple
skills that assure the proper functioning
and administration of the Centre. The
daily management of the NCIA is tasked
to a Registrar/Chief Executive Officer
with technical staff of the Secretariat.
“The NCIA was set up to cater for
international commercial arbitration and
then promote properties of arbitration
and other forms of dispute resolution both
domestic and international. The period
between 2013 and 2015 was basically
setting up structures, crafting rules,
establishing the secretariat which came to
When you look at the value add of arbitration
and these other processes at the end they have
in mind preserving relationships, it’s not always
about getting one’s rights in fact it is about
addressing the interests of the parties and then
preserving continuity unlike the court which
after determining who gets what, does not cater
for how you relate thereafter.
24 MAL22/18 ISSUE
fruition by 2017, and then opening shop
to our target market,” explains Lawrence
Ngugi.
The NCIA target client is that corporate
person who is doing business cross border
at one level and domestically and who
doesn’t want to subject their disputes to
court. They understand the process and
don’t want to go to court. There are certain
reasons people prefer an out of court
process which is what the NCIA provides.
“One unique thing we have seen is that
although we are a hybrid public-private
institution, it is private institutions who
are opting to use our services more often;
the perception normally is that a public
institution of this nature cannot receive
the confidence of the private sector. That
seems to be demystified; they are trusting
that we can actually dispense of their
matters to their satisfaction” adds the
CEO.
NCIA administers disputes referred by
parties under the NCIA Arbitration or
Mediation Rules. NCIA (Arbitration)
Rules 2015 were issued on 24th
December 2015. The rules incorporate
best practices in international commercial
arbitration and provide a flexible institute
administered procedure. Parties choosing
our arbitration rules ben efit from in-
built features meant to maximize on
party autonomy with a balance of an
independent impartial and empowered
tribunal. NCIA secretariat augments