INTERNATIONAL ARBITRATION 1/3LY
RWANDA
And in Rwanda, we have already noticed changes in the attitudes of users as we are receiving requests for advice on dispute resolution clauses before contracts are signed and from the last survey made, users are more aware about arbitration and its advantages over litigation.” Bernadette has been involved in the KIAC since its conception: “KIAC was established by an Act Parliament in 2011 and in January 2012, the first team comprising of myself as the Secretary General, the Registrar in charge of Case management and two support staff was put in place. The centre was formed to provide an appropriate forum for economic operators in the region to resolve their disputes in a friendly, confidential and efficient manner without the need to go to courts. We are committed to promoting global standards in international arbitration and building local capacity in the region. 300 professionals from various disciplines (lawyers, engineers, architects, accountants, judges) enrolled in KIAC’s capacity building program in arbitration, mediation and adjudication in association with the Chartered Institute of Arbitrators (CIArb), the Centre for E ffective Dispute Resolution (C E DR) and the Kuala Lumpur Regional Centre for Arbitration, which was open to participants from the region. KIAC has recently acquired new state-of-the-art facilities. It has administered 28 cases since 2013, including four international cases and one emergency arbitrator procedure. Just under half of these cases have related to the construction and infrastructure sector. Case values range between USD 20,000 to USD 5.8 million. Looking ahead, Bernadette sees the importance of promoting the benefits of arbitration in cross-border transactions. She added: “In the Context of E AC Integration, ADR should be promoted and strengthened in each E AC country to secure cross border trade.”
LOCATED IN EASTERN AND CENTRAL AFRICA, RWANDA SHARES BORDERS WITH UGANDA, TANZANIA, BURUNDI AND THE DEMOCRATIC REPUBLIC OF THE CONGO. WITH A POPULATION OF APPROXIMATELY 11 MILLION PEOPLE, IT IS AMONG THE TOP THREE AFRICAN COUNTRIES FOR INTERNET CONNECTIVITY. According to the World Investment Report 2014 5 , Rwanda received USD 111 million through FDI during 2013, with the financial services, mining and telecom sectors attracting the highest number of FDIs. Since 2008, Rwanda has made a push to establish itself as a regional hub for arbitration by passing a new law governing arbitration in commercial matters and signing the New York Convention. The new law is an adaptation of the UNCITRAL Model Law and aims to improve arbitration in commercial matters. The enactment of the new law was immediately followed by the project of Kigali International Arbitration Centre (KIAC) to provide the much needed supportive institution for effective use of arbitration and ADR in general. Many of the conditions necessary for arbitration to flourish appear to be in place but asked about the preferred method and/or forum for resolving disputes in Rwanda and East Africa, Bernadette Uwicyeza, Secretary General of KIAC, had a different response: “I am not sure we can say there is a preferred method. Litigation is commonly used as it is familiar to every lawyer. Arbitration as a concept and practice is not well known to many users.” While there is still some distance to travel, Bernadette believes that the new centres in the region are having an impact: “Things are changing since E AC countries started to promote arbitration. The KIAC launched in 2012, the Nairobi Centre opened two years later and Tanzania Private Sector Organization is looking to start an arbitration centre. All those arbitral bodies in the region will play an important role in creating a culture of ADR in their respective countries.
5 J .X. Zhan (2014), “World Investment Report 2014 Investing in the SDGs: An Action Plan”, United Nations: Conference on Trade and Development [Electronic]
Made with FlippingBook flipbook maker