Jacqueline Waihenya, C.Arb, FCIArb, Chair of CIArb Kenya Address at Nairobi Arbitration Week
At this year’s Nairobi Arbitration Week, CIArb Kenya Chair Jacqueline Waihenya delivered an insightful address on the evolving role of arbitration in today’s world, highlighting its transformative power as both a profession and a calling.
Arbitration, she noted, is much more than a means of resolving disputes—it’s a calling that demands commitment, wisdom, and an unwavering commitment to fairness. Whether the case is large or small, every decision an arbitrator makes carries significant weight. Drawing from the biblical wisdom of King Solomon, who wisely resolved a dispute between two mothers over a child, Waihenya emphasized that arbitration, like Solomon’s judgment, requires not only legal expertise but also deep integrity and fairness to ensure that the right decision is made.
Arbitration: Bridging Gaps Across Borders
Waihenya further emphasized that arbitration is a bridge—connecting states, commercial entities, and individuals across borders to resolve disputes efficiently and equitably. One example highlighted was the enforcement of an arbitration decision within Uganda’s legal system, demonstrating the growing influence and credibility of arbitration in shaping legal outcomes beyond traditional courts. This case exemplifies how arbitration can help uphold justice and integrity, even outside of formal legal proceedings, making it a powerful tool in fostering international cooperation and resolving complex commercial disputes.
Sustainability: A Duty to Invest in the Future
Turning the conversation toward sustainability, Waihenya discussed the urgent need for a more forward-thinking approach in both arbitration and broader professional work. She emphasized that sustainability is no longer a theoretical concept but an imperative. With global challenges growing more complex, we must be dedicated to making decisions today that will leave a positive legacy for future generations.
In this context, Waihenya quoted the phrase, “We shall drill, drill, drill—and drill some more,” encouraging professionals to continue investing in learning, understanding, and taking action on sustainability. As arbitrators, we must also consider the long-term effects of our decisions—not only for the parties involved but for the wider world. Sustainability in arbitration means ensuring that our decisions contribute to a future where justice, fairness, and resilience are central.
Looking Ahead: A Commitment to Justice and Sustainability
In closing, Waihenya called on the arbitration community to commit to embracing these values and to ensure that decisions in the arbitration process reflect a greater sense of responsibility to future generations. As professionals, we are not just resolving disputes in the present but shaping the future of legal systems, economies, and communities.
CIArb Kenya continues to be a leading advocate for fairness, justice, and sustainability in arbitration, and we invite all members and stakeholders to remain engaged as we navigate the future of this critical field.
