Coffee Break with...Fieldfisher - 'Advancing fair and just arbitral proceedings'

Africa Legal Podcast

11-07-2023 • 23 mins

In this week’s Coffee Break podcast, two seasoned arbitrators, Ania Farren and Marily Paralika, chat to Tom Pearson about how the International Chamber of Commerce Court of Commercial Arbitration is empowering and strengthening Africa’s arbitration landscape. The world’s leading arbitral institution, the International Chamber of Commerce (ICC) Court of Commercial Arbitration marks its centenary anniversary this year, with its continuing focus on promoting access to justice and providing a forum for independent and neutral dispute resolution. Since its inception in 1923, the ICC has championed the peaceful resolution of disputes as a way of supporting international trade and investment. Ania Farren and Marily Paralika from leading law firm Fieldfisher both hold impressive CVs when it comes to representing arbitral bodies and matters. In this podcast they expound on the ICC’s role in advancing its fair and just arbitral proceedings globally. With 180 members from more than 100 countries, together with the ICC court Secretariat, which has six offices in different parts of the world, members ensure that the arbitration rules are properly applied through a framework that guarantees independent and neutral awards. Paralika and Farren say this is at the heart of the success of the ICC, “and probably why it is the most popular institution for big international Africa-related arbitrations”. The ICC has taken several steps to promote African arbitrators, such as the introduction of the Hold the Door Open initiative, which was launched last year to improve diversity. It is aimed at giving young African practitioners practical experience in observing arbitration hearings and engaging with counsel and arbitrators to improve their advocacy skills. In addition, the Africa Commission has been raising awareness about arbitration in Africa to build capacity in their arbitration community and to create more visibility of African arbitrators with a view to them being appointed in matters related to their jurisdictions. Paralika says this is to highlight and showcase African seats so that all the players can be more aware of appropriate arbitration candidates and seats which are ultimately dependent on the parties. However, the seats in Paris and London, the guests say, are still the preferred choices, and they explain why this is. They also provide insight on the emerging trend to have African disputes resolved in Africa.

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