Moderator: Akoth Aluoch, MCIArb
Panellists: Hon. Prof Kariuki Muigua, C. Arb, FCIArb, OGW, Lauraine Darkwah, MCIArb, Lilly Ngeresa, MCIArb
The recently held Masterclass on Special Skills for Arbitration brought together key thought leaders in the field of Alternative Dispute Resolution (ADR), offering deep insights into the evolving skills landscape necessary for effective arbitration. Moderated by Akoth Aluoch, MCIArb, the session featured an esteemed panel including Prof. Kariuki Muigua, C.Arb, FCIArb; Lauraine Darkwah, MCIArb; and Lilly Ngeresa. The masterclass served as a critical platform for unpacking the specialized skills needed by arbitration practitioners, institutions, and arbitrators alike.
Opening Reflections: Setting the Tone for a Skills-Based Dialogue
Moderator Akoth Aluoch opened the session by steering attention to the foundational skills that are essential not just for counsel, but for all participants in arbitration, including arbitral institutions and tribunals. The discussion moved beyond theoretical knowledge and delved into the competencies that define effective practice in real-world arbitration scenarios.
Lilly Ngeresa: Counsel Must Master Communication, Analysis, and Emotional Intelligence
Lilly Ngeresa, MCIArb set the stage by focusing on the critical role of counsel in arbitration and the non-negotiable skills they must bring to the table. She emphasized that:
- Effective Communication is the bedrock of arbitration advocacy. Clear, concise, and persuasive drafting is not optional but vital.
- Counsel must be strategically aware of both their strengths and limitations. Recognizing one’s “strongest points and weakest posts” is key to building compelling arguments and avoiding pitfalls.
- Analytical and critical thinking form the backbone of arbitration strategy. Whether evaluating evidence or advising clients, these skills help counsel choose the most effective path forward.
- Interpersonal skills and emotional intelligence are equally important. Counsel need to negotiate skillfully, manage expectations, and engage empathetically with clients and tribunals.
She concluded by noting that research skills are foundational, and the ability to negotiate with grace and clarity is what often distinguishes the most effective advocates.
Prof. Kariuki Muigua: The Arbitrator’s Role Requires More Than Legal Expertise
Bringing the perspective of an experienced arbitrator, Prof. Kariuki Muigua addressed the nuanced skill set that arbitrators must possess in an increasingly complex ADR landscape. He drew a clear line between litigation and arbitration, noting that while litigation seeks legal judgment, arbitration strives to offer equitable and accessible justice.
Muigua emphasized the following:
- Arbitrators must acknowledge all stakeholders, ensuring that due process and procedural fairness are upheld throughout.
- A deep understanding of the arbitration process and emerging trends is critical. He encouraged arbitrators to embrace AI and technological tools judiciously to streamline proceedings.
- Time management and impartiality are not just ethical requirements but operational imperatives. An arbitrator must balance efficiency with fairness.
- He discussed the relevance of international commercial arbitration in Kenya, calling for a focus on expedited, transparent, and good-faith proceedings.
- Prof. Muigua also highlighted mediation’s growing prominence, urging practitioners to approach arbitration with a collaborative, problem-solving mindset.
One of his most compelling contributions came during a discussion on sustainability. In response to a question from the moderator, he advocated for the integration of Environmental, Social, and Governance (ESG) clauses in commercial contracts, framing arbitration as a vehicle for promoting corporate responsibility and long-term sustainability.
Lauraine Darkwah: ADR Institutions Must Be Modern, Diverse, and Context-Aware
Taking a systems-level view, Lauraine Darkwah focused on the competencies required within ADR institutions themselves. She stressed that the credibility and effectiveness of ADR mechanisms depend on the robustness of the institutions that support them.
Her recommendations included:
- Marketing and outreach are essential to increase public trust and awareness of ADR services.
- Online Dispute Resolution (ODR) platforms should be leveraged to expand access, especially in regions where physical infrastructure may be lacking.
- Diverse staffing is critical, not just in terms of demographics but also professional and cultural perspectives.
- Institutions should invest in comprehensive training programs to ensure that staff remain competent in evolving dispute resolution trends and technologies.
- Importantly, she underscored the movement toward the Africanization of international arbitration, a call for practices, systems, and values that are rooted in local contexts while engaging with global standards.
Thought-Provoking Dialogue: Diversity, Technology, and the Future of Arbitration
Moderator Akoth Aluoch enriched the session by guiding the panel through critical and often under-explored themes. She raised a pointed question on diversity in arbitration, to which Prof. Muigua responded with the notion of “competent diversity” an advocacy for inclusion that doesn’t compromise on quality or professionalism.
Aluoch also explored the integration of technology in dispute resolution, prompting the panel to reflect on how innovation can be used not only to accelerate processes but also to enhance fairness, access, and transparency.
Closing Thoughts: Arbitration Skills Are Evolving, So Must Practitioners
The masterclass concluded on a powerful note: Arbitration is no longer a static, rules-bound process; it is a dynamic, skill-intensive field that requires adaptability, professionalism, and a lifelong commitment to learning. Whether as counsel, arbitrator, or institutional leader, the need for specialized skills cannot be overstated.
From embracing digital platforms and AI tools to promoting sustainability and competent diversity, the arbitration community must rise to meet the challenges and opportunities of a rapidly evolving legal environment.
