INTRODUCTION
Nathan is an international arbitration partner in Hogan Lovells’ and he co-ordinates their African disputes practice.
He has been involved in cases in Africa and West Africa, in particular for the past 13 years. He has travelled to Lagos many times and worked closely with a number of leading Nigerian law firms.
According to the Speaker, the opportunities for African legal practitioners in international arbitration have never been better. Currently, he is representing clients on two large arbitrations concerning disputes in West Africa and the Presiding arbitrator in each case is a Nigerian.
In the earlier part of 2019, he presented sessions at the inaugural African Arbitration Academy in London. This was a three week programme developed by the Association of Young Arbitrators in Nigeria for young lawyers from across Africa to attend training specifically on international arbitration. He further recommended that those who are not members of the Association of Young Arbitrators in Nigeria (AYA) should become members because it gives one a local network and insight in the international arbitration community.
The speaker further noted that the Lagos Court of Arbitration also has a young members group which again provides an opportunity to connect with other young lawyers interested in arbitration.
Accordingly, a great way to stay connected with developments in arbitration in the Africa region is to connect with the Africa Arbitration website. It provides regular email updates and features an arbitration personality of the month and future leader personality of the month so as to profile both seasoned arbitrators and up and coming young lawyers.
Nathan Searle is currently one of the global co-chairs for the Young International Arbitration Group of the LCIA (YIAG). The LCIA is one of the leading international arbitration institutions. It is very popular and many parties agree in their contracts to have their disputes decided by arbitration under the LCIA Rules. It is free to sign up to YIAG and details can be found on the YIAG page of the LCIA’s website.
YIAG has its own LinkedIn page and members are encouraged to join the conversation by posting comments on the page, which is moderated by the Co-Chairs. There is also the opportunity for YIAG members to contribute more academic articles to the well-known Kluwer Arbitration Blog, which is used by many arbitration practitioners.
Other international arbitration institutions that have young members groups include the ICC – ICC YAF, The Chartered Institute of Arbitrators (CIArb) and the IBA.
ICCA also has a young group. This deserves a special mention because one of its immediate past co-chairs, Tolu Obamuroh was from Nigeria. Young ICCA also has a mentoring programme where it links young practitioners with more senior practitioners.
The speaker’s advice with respect to building a career in international arbitration is first to look around at the local institutions and groups to find out what is available. This is essential to be able to connect with others who share the same interest and can serve as colleagues and supporters as you build your career.
Then look more broadly at the Africa region. What are the organisations or platforms where I can publish or build a platform in West Africa or more broadly in the Africa region? Then look internationally at global organisations such as the LCIA, ICC, ICCA and IBA. This may seem intimidating at first to a young lawyer. This is why young lawyers’ groups of these institutions are so important.
You will often find that the leaders of these international institutions and organisations started early in their careers to invest in those networks and that this investment played a major role in their success.
The speaker as a Councillor on the LCIA African Users Council opines that these international institutions value their relationship with the Africa region. It is a region of growth and the international institutions are very keen to facilitate greater engagement by local African arbitration practitioners in international arbitration.
There are many leading African arbitration practitioners in leading roles in the international arbitration community. Many of these lawyers are from Nigeria. With organisations such as the Africa Arbitration Association promoting these leading lights of international arbitration their success stories are now receiving more attention. He recommends checking out the website of the Africa Arbitration Association as it features the profiles of many leading arbitration practitioners and gives insight into their different paths to success.
QUESTION AND ANSWER SESSION
- What makes arbitration different from other areas of law?
Response:
Each arbitration case is so different. On one case I will dealing with a case about the shape of beer bottles in East Africa, on another costs associated with operating a uranium mine and a third might involve operation of an oil rig and a fourth operating a power plant.
With arbitration you have to become an expert in your client’s business and the issues in the case to such depth that you can cross-examine an expert who may have worked in the industry for decaded.
- Likewise, with the recent developments in arbitration (as regards to the rules of arbitration), what makes arbitration different from litigation?
Response
Arbitration also combines knowledge of the law and strategy. In particular, arbitration is more flexible than court proceedings so you have to choose what process you think is best for your clients and then persuade the arbitrators.
- Do we have regional Arbitral Institutions in Africa from which one could learn the art of Multi-jurisdictional dispute resolution?
Response:
In arbitration you also get to pick the arbitrators who decide the dispute (which is a key strategic decision) which you can’t do in court litigation. about regional institutions, the Lagos Court of Arbitration and LACIAC both have good profile in the international arbitration community. The African Arbitration Association, Africa Arbitration are more regional and CIArb has very active local chapters in Nigeria.
- Arbitration or litigation, which one is preferable?
Response:
Litigation is suited to some disputes, for example, tort claims (where there is no pre-existing contractual relationship) and class action. International arbitration is the preferred mode for resolving cross-border contract disputes because of its neutrality and the enforcement of awards under the New York Convention.
- What opportunities do you get to enjoy as an arbitrator?
Response:
London is a very competitive market for arbitrators. As the size of the disputes are very large and there a significant number of practitioners it is generally the very senior practitioners who are appointed as arbitrators. In other jurisdictions such as France, Switzerland or Moscow it is much more common for younger practitioners to be appointed as arbitrators.
In West Africa I know that there are also more opportunities for young practitioners to be appointed as arbitrators as I know of several senior associates at law firms in West Africa that have had already had arbitrator appointments.
- Where do you see international arbitration going in Nigeria, in the next five years?
Response:
I do see international arbitration growing in Nigeria in the next five years. Nigeria’s economy is diversifying and I expect increased flow of foreign investment into Nigeria. This will inevitably create some disputes. However, more importantly, I see Nigeria having the potential to become an arbitration hub for West Africa. As well as having leading senior arbitrators there is a large number of dynamic young lawyers following in their footsteps with a very keen interest in arbitration.
My prediction is that we will see an increased number of Nigerian arbitrators sitting in disputes that relate to the African region but have nothing to do with Nigeria. This is because Nigeria has experienced arbitration practitioners and the requirement for arbitrators to be neutral and independent leads itself opportunities to decide disputes outside your home jurisdiction.
- Who has inspired you in your career?
Response:
In terms of who has inspired me in my career, John Davidson the former General Counsel of SABMiller, was an inspiration to me.
- What do you look for in a prospective intern or junior lawyer?
Response:
International arbitration is a team sport – so when recruiting junior lawyers I look for someone who is a team player. Arbitration also requires someone who thinks strategically and is willing to think outside the box. Ability to communicate complex matters succinctly and logically both orally and in writing is also important. Most of all – there needs to attention to detail because everything I send out is being scrutinised by the other side to pick holes in it.
THE SPEAKER’S LAST WORDS
Thank you all so much for your thoughtful contributions. I hope that in the years ahead I come across many of you in Lagos or elsewhere doing international arbitration or pursuing successful legal careers in a different field.