Upholding Integrity and Competence in Arbitration: A Call to Young Practitioners
Date: Friday, 16th May 2025
Venue: Best Western Plus Hotel, Westlands, Nairobi
Event: CIArb Kenya Branch Young Members Group Cocktail & Panel Discussion
As the arbitration landscape continues to evolve, young practitioners are being called to a higher standard one that balances technical competence with unwavering ethical grounding. At the recent CIArb Kenya Branch Young Members Group cocktail and panel discussion, held on 16th May 2025, a distinguished panel of legal minds offered timely wisdom, mentorship, and a reality check for the next generation of arbitrators.
An Evening of Insights and Inspiration
The event brought together an esteemed panel featuring:
- Hon. Justice Gachoka Mwaniki
- Hon. Justice Lucy Njunguna
- Hon. Justice Kanyi Kimondo
- Mr. Geoffrey Imende, Managing Partner at Mohammed Muigai LLP
With a blend of candid reflections and practical advice, the panelists engaged in deep conversations on the pressing challenges and opportunities in arbitration, both locally and globally.
1. Arbitration Fees: Finding the Balance Between Fairness and Professional Value
One of the most pressing themes was the growing cost of arbitration. Once hailed as a cost-effective alternative to litigation, arbitration is now often critiqued for becoming prohibitively expensive. This shift has led to an increased push for transparent, capped fee structures and billing accountability.
Key takeaway for young arbitrators: Don’t be tempted to match the high fees of established professionals prematurely. Build a sustainable practice by focusing on fair pricing, quality service, and honest billing. As one panelist wisely said, “This is a marathon, not a sprint.”
2. Carving a Career: Integrity, Visibility, and Mentorship
The path to a meaningful arbitration career starts with deliberate choices anchored in integrity. Geoffrey Imende emphasized that character is everything: “If people trust your character, they will refer work to you.”
Young professionals were encouraged to:
- Identify and learn from role models
- Contribute thought leadership through writing and speaking
- Be present in professional networks
- Seek mentorship and opportunities for co-seating with seasoned arbitrators
One resounding message: “Be one of the tallest trees, they get the sunlight first.”
3. The Power of Preparation and Specialization
Whether to specialize or generalize remains a central debate in arbitration circles. The panelists advised that there’s no one-size-fits-all path. What matters is building depth of knowledge and credibility, whether in a specific niche or across multiple practice areas.
As Geoffrey Imende metaphorically noted: “Whether you work with one or two pipes, make them wide enough to carry meaningful volume.” The depth comes with time, experience, and intentional learning.
4. Setting Aside Awards: The Importance of Precision
Justice Kanyi Kimondo’s insights into the Newto Agrovet vs. Airtel case provided a cautionary tale for arbitrators. In this instance, an award was set aside due to the granting of general damages that contradicted the parties’ contractual intentions.
The case underscores the need for precision, fidelity to agreements, and understanding judicial scrutiny of arbitral awards. Arbitrators must remain vigilant in aligning with both procedural fairness and the contractual framework of disputes.
5. Integrity and Accountability: Safeguarding the Profession
Perhaps the most urgent concern raised was the erosion of trust in arbitration due to integrity issues. Geoffrey Imende did not mince words in identifying this challenge as a key reason many corporates are opting for foreign arbitration seats.
In response, Justice Gachoka Mwaniki proposed the establishment of a “policing mechanism” a body to enforce ethical conduct and enhance accountability among arbitrators.
Without such structures, there is a risk that a few unethical practitioners could undermine the credibility of the entire system.
Conclusion: Building a Future-Ready Arbitration Community
This year’s CIArb YMG cocktail was more than a networking event it was a moment of reflection and responsibility. The panelists called upon young arbitrators to rise to the occasion: to be principled, competent, and patient in their journey.
As the profession grows, integrity, inclusion, mentorship, and transparency must guide its future. Arbitration’s promise lies not just in its procedure but in the people who uphold it.
To all emerging arbitrators:
Be deliberate. Be ethical. Be prepared. Your credibility is your greatest asset.
Written by: Wangari Mureithi (Tee) & Prudence Warunge
Students Riara University / Legal Practitioner
