The Chartered Institute of Arbitrators Kenya Branch held the 8th Chairman’s lunch meeting held on 11th September, several agendas were discussed. The speech read as:
Fellow Practitioners of ADR, Ladies and Gentlemen and all protocols observed.
On behalf of the Branch Committee of the Chartered Institute of Arbitrators, Kenya Branch, it is my pleasure to welcome you the 8th Chairman’s lunch meeting.
Mine is to give you the progress that we have foreseen at the Branch during the past eight (8) months.
I wish to express gratitude for being reappointed as Chairman of the Branch for the year 2018-2019 and I look forward to continue to work closely with the Branch Committee to realise the strategic objectives continue to be achieved.
I also want to recognise members of the Branch Committee present.
CHAIRMAN’S AGENDA FOR THE YEAR 2018- 2019
I wish to point out that during this year I propose to oversee the following 5-point Agenda, namely:
- Property Acquisition which has already commenced
- Promote Involvement and participation of the Young Members
- Promoting ICT- Introduction of the Electronic Voting System
- Amendment of the Constitution which is also underway
- Cooperation from all the members
The engagement and an all-inclusive participation by all Branch Members, will strengthen and continue to support the Branch growing initiative.
To achieve this, the Branch will continue to ensure membership services is available with adequate information and on time, that membership issues shall be addressed timely and accordingly, and feedback is received timely and to the level of satisfaction to the members. This has therefore elicited the development of a Service Charter to ensure we set standards and annually, undertake membership satisfaction survey to consider the performance of the Branch in that regard.
Fellow members, the Branch will continue to reach out to participants who had previously attempted Entry Course into Arbitration in a bid to increase membership this initiative was started last year and will continue even with current particpant undertaking the Course to consider and join the Branch Membership.
The Branch also calls on memebrs to enroll into the higher module courses to continue the learning into practice of ADR and enable us grow our institute by way of capacity and diversity.
THE GOLDEN THREAD- ROLL OUT OF THE NEW CURRICULUM
Our core mandate in running ADR Course has continued with the Branch looking to grow the membership. I wish to inform the Members that the Training of Training for all our local tutors has been held and the Branch is set to roll out the courses within the new pathways introduced by London. Module 1 has already kicked off with a great number of trainee attendances.
The Branch is also receiving interests from our neighbouring countries to offer the training and we are in the process of continuing the negotiations to firm up all the necessary requirements.
Locally we have engaged with the Architectural Association of Kenya who we have offered sensitization on ADR which culminated to roll out of the entry level course to the AAK Professionals. This will be progress as we are set to roll out call for the next lot interested Architects to pursue arbitration. Beyond AAK we are reaching out to the other professional association with the same proposal for capacity building of practising professionals into ADR.
The Branch would be keen to offer the training support for South Africa and Zambia on need basis as art of capacity buidling and support for regional Branches.
DISPUTE RESOLUTION SERVICES
This being one of the core mandates of the Branch, we have continued to experience increasing interest from Institutions seeking appointment of arbitrators and list of ADR Professionals.
We are also in the process of building our records on the Dispute resolution services that are being offered at the Branch to inform of the growth progress on ADR based of the number of disputes received annually and highlights on the nature of the disputes as received at the Branch.
Finally, the Branch put in place a taskforce to look into the remuneration fees and appointment fees. This is to confirm that rates were reviewed but slightly and the new rates will take effect from 1st September 2018.
It is my hope as well that the members eligible for appointment as Arbitrators took the opportunity to respond to the call from Kigali International Arbitration Centre (KIAC) to register as ADR service providers in Rwanda. This is one of the platform that is set to expose members to cross border arbitration and international arbitration.
COLLABORATIONS AND PARTNERSHIPS
The Branch is making strides to reach out to Institutions to promote ADR. Plans are underway to engage the new Attorney General among other key Institutions to promote ADR.
Further, the Branch is ensuring representation,participation and visibility on various platforms that is called upon. APSEA an KEPSA are among the platforms that the Branch is using to ensure ADR is recofgnised and implementated within business environment and by professionals.
The Court Annexed Mediation is an example that proves ADR is here to stay. The soon to be rolled out process of Court, we as a Branch will continue to support the accreditation of mediators to be available to serve in the Courts.
The Nairobi Centre for International Arbitration as a state corporation formed to oversee disputes is a demonstration of the actualization of the Arbitration Act being considered and given the recognition that has a fully established Corporation. Our Branch has a larger representation and appointments as well has seen some of our members appointed to serve as dispute resolvers.
The Branch also participated in the recently concluded National ADR Conference organized by NCIA in which the Branch was involved in presentation and sponsorship of the membership to the conference.
The Branch engaged in a sensitization session with the Senate to promote ADR. This has come along with the recent process by the Devolution and Planning Ministry to develop ADR Framework regulations in which the Branch has been engaged in the process.
Finally, the Branch made a courtesy call to the Chief Justice David Maraga. The meeting assured the Branch of the support for ADR and areas of mutual interest that touch on ADR
BRANCH VISIBILITY INTERNATIONALLY
The Branch has been keen to ensure visbility and contribution at the International platform through participations in Regional conferences.
In an endevour to oversee this is achieved, the Branch has considered sponsorship to regional forums to enhance the Branch recognition and visibity. This has seen the Branch consider and sponsor mebrs to conferences including:
- Conference on arbitration in Africa Hosted by the African legal support facility and the African development bank in Abidjan
- Third ICC Conference, Lagos Nigeria
- SOAS Arbitration in Africa Conference in kigali rwanda
- 6th east africa international arbitration confernce in addis ababa, ethiopia.
Locally, the Branch has supported participation of members to the Apsea National Conference and NCIA Conference and ALN (Anjarwalla and Khana) ADR Conference.
INTERNATIONAL APPOINTMENT S
As a Branch we are proud of the continued representation at the global platform.
On behalf of the Branch I wish to recognise and applaud the recent appointment of the following members:
- Njeri Kariuki- ICC Court of Arbitration
- Kariuki Muigua- CIArb Africa Trustee Elect.
On behalf of the Branch, I wish them well and we assure them of the Branch support.
IMPLEMENTATION OF THE STRATEGIC PLAN
The Branch objectives for the plan period 2017-2021 are listed as follows:
To grow the business volume of the Institute through the following Strategies:
- To have institutional systems that support consistent, effective and accountable operations through the following strategies:
- To put in place good governance and good talent management systems through the following strategies:
- To enhance PR, marketing and business development as well as build capacity of the institute trough the following strategies:
- To offer excellent services to our customers through the following strategies:
- To focus and strengthen research and develop programs that support creation and sharing of knowledge through the following strategies:
The Branch has commenced the implementation of the above and also implement the policies set alongside the same strategic plan.
Annually, progress report will be tabled for consideration by the membership.
THE CIARB INTERNATIONAL CONFERENCE
Finally, I wish to remind all members to plan to attend the conference and support the Branch to make the conference a success.
Just to remind the members, the theme of the conference is ADR Trends in a Dynamic Legal Environment, and it will be held from 7th – 9th November 2018, At the Leisure Lodge & Golf Resort, Ukunda- Mombasa.
Finally, I commend every member of the Branch who continues to champion great leadership in various fields of services and jurisdiction.
In conclusion, I want to thank the entire membership of the Branch, the Branch Committee and the Secretariat for their support and facilitating my role as Chairman of the Branch. I urge all of you to continue to support the Branch and endeavour to grow in ADR.
THANK YOU FOR LISTENING TO ME AND DO ENJOY THE LUNCH.