school and law school and because they are in that window whether in the dispute or offering finance advice . Another is training program so that they develop this key attributes right from college ; when they come out they are not only lawyers but they can also handle this processes . They also have to bring in people who are IT savvy from different professionals to be able to host and run through things like domain names arbitration , as we think about the future it ’ s not just hard contract dispute even online related .
Lawrence opines that some of the things he wants to see is the increased use of ICT , so that someone in Philippines , Egypt and another in Nairobi can have their dispute heard at the same time , real time from wherever they are , so anchoring ICT as a vehicle is crucial . “ You don ’ t have to come to Nairobi or go to London which can be costly , use video conferencing as a tool of hosting . We also want to solve international disputes ” he quips .
Arbitration is just one of the dispute resolution and there is a cycle ; before arbitration there is mediation ; before mediation there is conciliation ; before conciliation there is negotiation ; and before that there is facilitation . If a person is taken through this process openly they ultimately see the sense of pursuing this alternative .
When you look at the value add of this processes at the end they have in mind preserving relationships , it ’ s not always about getting my right in fact it is about addressing the interest of one party and then preserving continuity unlike the court which after determining who gets what , has no business how you relate thereafter .
The NCIA educates the public through conferences , workshops and seminars . The International conferences are organized every 2 years , because there are others also running elsewhere which address the same audience . They also do training specific to the target users like law firms , construction firms etc . They are currently working with law firms here to create a book that will have a chapter on Kenya and let china understand how the legal sector works especially in dispute resolution .
Nairobi Center for International Arbitration engages with the county governments when they host their county initiatives , and they reach them through the respective county attorneys . Under the county government structure there is inter-governmental relations act where dispute resolution structure and regulations have been put in place whereby disputes between counties and national government will be resolved by alternative dispute resolution . The NCIA will be one of the centers who will be looking at the disputes .
“ Also the fact that we are called Nairobi doesn ’ t mean that we focus on the county alone , it has something to do with what practitioners refer to as applicable law if I pick London Center for International Arbitration already the user knows the applicable law used will likely be English law so when you pick Nairobi so almost by default it has a message so we just followed the traditional naming , although in actual practice parties are free to select
✽✽
Promote , facilitate and encourage the conduct of international commercial arbitration in accordance with the Act .
✽✽
Administer domestic and international arbitrations as well as alternative dispute resolution techniques under its auspices .
✽✽
Ensure that arbitration is reserved as the dispute resolution process of choice .
✽✽
Develop rules encompassing conciliation and mediation processes .
✽✽
Organize international conferences , seminars and training programs for arbitrators and scholars .
✽✽
Co-ordinate and facilitate , in collaboration with other lead agencies and non-state actors , the formulation of national policies , laws and plans of action on alternative dispute resolution and facilitate their implementation , enforcement , continuous review , monitoring and evaluation .
✽✽
Maintain proactive co-operation with other regional and international institutions in areas relevant to achieving the Centre ’ s objectives .
✽✽
In collaboration with other public and private agencies , facilitate , conduct , promote and coordinate research and dissemination of findings on data on arbitration and serve as repository of such data . the applicable law ,” concludes Lawrence . Lawrence , a lawyer by profession and an advocate of the high court of Kenya , has been the NCIA CEO since 2016 . He previously worked with the office of the Attorney General as a state counsel for 15 years and in charge of a division called commercial and arbitration for about 10 years where he was mainly involved in arbitration issues both international and domestic .
Riapius Magoma is a budding marketer with interest in writing and currently runs the administration unit of Marketing Africa Limited . You can engage with her on this or related matters via mail at : Riapiusm21 @ gmail . com .
The primary aim for establishment of the NCIA was to :
✽✽
Establish a comprehensive library specializing in arbitration and alternative dispute resolution .
✽✽
Provide ad hoc arbitration by facilitating the parties with necessary
✽✽
Technical and administrative assistance at the behest of the parties .
✽✽
Provide advice and assistance for the enforcement and translation of arbitral awards .
✽✽
Provide procedural and technical advice to disputants .
✽✽
Provide training and accreditation for mediators and arbitrators .
✽✽
Educate the public on arbitration as well as other alternative dispute resolution mechanisms .
✽✽
Enter into strategic agreements with other regional and international bodies for purposes of securing technical assistance to enable the Centre achieve its objectives .
✽✽
Provide facilities for hearing , transcription and other technological services .
✽✽
Hold , manage , and apply the Fund in accordance with the provisions of the Act .
✽✽
Perform such other functions as may be conferred on it by the Act or any other written law .