EAC urged to embrace arbitration in commercial dispute resolution

East African Community (EAC) member countries should embrace the culture of Alternative Dispute Resolution (ADR), ensuring that disputes are determined using arbitration and other friendly mechanisms of addressing commercial disagreements. Justice Minister Johnston Busingye said this will help reduce the backlog of cases in the commercial courts, among others. “International arbitration has gradually grown over the past years, and given the increasing economic activities, it is becoming significant to our economic and justice sectors,” the minister said. “So, it is important that the justice sector creates an enabling environment for Alternative Dispute Resolution practice and also ensure that disputes are resolved using arbitration and other friendly mechanisms of dispute resolution. This will reduce the backlog in the courts.” Busingye was opening a three-day fellowship training programme organised by the Kigali International Arbitration Centre (KIAC) in partnership with Chattered Institute of Arbitration, UK. The training, that started on Monday in Kigali, ends September 27, and the trainees will acquire the Fellow of the Chartered Institute of Arbitrators (FCIArb). It attracted participants from Rwanda, Kenya, Uganda and members of the East African Court of Justice. Minister Johnston Busingye together with the CIArb Tutors. During the training, the participants will share experiences from their respective countries, and discuss appropriate strategies on how to overcome the key challenges that still hinder the successful implementation of ADR in the EAC bloc, according to the KIAC officials. Busingye said it imperative that all stakeholders “work jointly to develop this sector and provide the necessary conditions for it to grow further in a sustainable manner”. He reminded participants that although arbitration is a business, it should be superceded by the passion to provide justice to all, “where practitioners and arbitrators have to maintain high professional and ethical standards, and generally to work to the public confidence in the arbitration system.” Experts say alternative dispute arbitration is one of the aspects that could make the region more attractive to business and thus support economic growth. It will also reduce the backlog in the commercial courts. The secretary general of the Kigali international Arbitration Centre, Dr Fidele Masengo, said out of 500 professionals that have so far been trained under KIAC’s training and certification programme, 324 have been certified at the associate and membership levels. This makes Rwanda among the top three countries in Africa with the highest number of arbitrators, thus contributing to the attractiveness and competitiveness of the country in terms of doing business. “It is encouraging that beneficiaries of the training have participated in KIAC arbitral proceedings as arbitrators, counsel representatives or experts. Our alumni advise their institutions on arbitration practice and adoption of KIAC clauses in contracts.” KIAC officials noted that the training is part of efforts to create, not only a sustainable pro-arbitration culture in Rwanda, but also position the country as an international choice for commercial dispute resolution in the region and beyond.

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EAC urged to embrace arbitration in commercial dispute resolution