NCIA PARTICIPATES IN THE 6TH ANNUAL AFRICA ARBITRATION
ASSOCIATION CONFERENCE.

As Africa continues to redefine its place in the global arbitration arena, the 6th Annual African Arbitration Association (AfAA) Conference held from 10th to 12th October 2025 at the Cairo Regional Centre for International Commercial Arbitration (CRCICA) offered a timely and compelling reflection point. At the heart of these conversations was the Nairobi Centre for International Arbitration (NCIA), whose participation signaled Kenya’s unwavering commitment to strengthening the continent’s dispute resolution ecosystem.

Represented by its Manager for Business Development and Senior Case Counsel, the Centre stood alongside eminent practitioners, institutional leaders, academics, and policymakers in discussing the conference’s overarching theme: “Rethinking Arbitration in the Changing International Landscape: African Challenges and Perspectives.” The conversations that unfolded over the three days revealed a continent ready not just to participate, but to lead.

This year’s conference witnessed impressive representation from Kenya. Apart from the Centre, other notable participants included the Chartered Institute of Arbitrators Kenya Branch and a vibrant cohort of Kenyan arbitration practitioners who served as moderators, panelists, and delegates during the conference. Their visibility underscored Kenya’s rising stature as a preferred arbitration hub, an accomplishment not lost on AfAA members, who acknowledged the country’s institutional maturity and thought leadership.

A notable milestone was the MoU signed between CIArb-Kenya and AfAA, paving the way for a joint Alternative Dispute Resolution (ADR) in Africa Week in October 2026. This agreement positions Kenya and by extension NCIA, at the center of continental arbitration discourse. The forthcoming 7th AfAA Conference, scheduled to take place in Kenya, will offer the Centre an unparalleled platform to showcase Nairobi as the home of efficient, neutral, and innovative dispute resolution

The Young AfAA Conference: Nurturing Africa’s Next Generation

The pre-conference event on 10th October focused on young arbitration practitioners, a group increasingly shaping the continent’s legal future. Discussions gravitated toward arbitration fees, payment delays, third-party funding (TPF), and technology in practice.
A significant concern emerged namely the absence of legislative frameworks governing third-party funding in many African states, including Kenya. Young practitioners advocated for urgent reforms to enhance transparency, prevent conflicts of interest, and uphold the impartiality of arbitral proceedings. Technology also featured prominently, with participants weighing its advantages including digital hearings and case automation against ethical risks

Equally important were conversations around mentorship and capacity-building, reaffirming the need for structured pathways for young arbitrators to enter, grow, and lead within the profession.

Main Conference Highlights: Innovation, Integrity, and Inclusion
Day One – 11th October: A Call for Adaptability
The keynote address by Prof. Dr. Mohamed Salah Abdel Wahab set the tone, emphasizing the need for innovation amid geopolitical shifts and technological advancement. His call for greater appointment of African arbitrators and gender balance resonated strongly across the plenary.

Subsequent panels delved into AI and digitization, highlighting both their transformative potential and associated ethical hazards, Energy transition and ESG obligations, where speakers urged institutions to embed sustainability into dispute resolution mandates and geopolitical upheavals and sanctions, focusing on the evolving nature of multi-sector disputes in infrastructure, mining, logistics, and agriculture—areas requiring arbitrators with deep sectoral expertise.

Day Two – 12th October: Ethics, Governance, and Africa’s Strategic Role

Ethical practice took center stage as practitioners reaffirmed integrity, honesty, and principled decision-making as non negotiables in arbitration. Counsels were urged to avoid mandates that compromise their values or the profession’s repute.
A crucial panel explored “The Role of the State,” examining how governments and courts can bolster arbitration credibility through legislative reforms. Acknowledging the state as a frequent litigant, panelists emphasized the need for robust national frameworks that inspire confidence. In another session, the Centre received commendation for its regional diversity in arbitrator appointments, reinforcing its commitment to inclusivity, an increasingly important marker of institutional legitimacy. The closing session on AfCFTA envisioned a harmonized continental arbitration ecosystem, grounded in best practices and responsive to Africa’s expanding intra-continental trade.

Emerging Trends: A Continent in Transition
Four themes stood out as defining trends:

1. Third-party funding is becoming indispensable.
   Regulation is urgently needed to ensure accountability and transparency, while supporting financially constrained parties to pursue justice.
2. Technology and AI are reshaping arbitration.
   Digital infrastructure, virtual hearings, and AI-driven case analysis are gaining traction—but ethical guardrails are essential.
3. Diversity and inclusiveness are central to legitimacy.
   Institutions must ensure equitable representation while preserving quality and competence.
4. ESG and corporate responsibility are now mainstream.
   Institutions and counsels must integrate these principles into operations andcontract drafting.

The conference presented several opportunities for the Centre to deepen its
leadership. These include:

• Fast-tracking of the National ADR Policy Bills to cement Kenya’s legislative foundation for dispute resolution—an area where countries like Nigeria have made significant progress.
• Acceleration and full digitization of case management to ensure efficiency, cost reduction, and improved user experience.
• Adoption of AI cautiously by embracing its potential while establishing clear ethical safeguards.
• Championing legislation on third-party funding in order to position Kenya as a forward-looking jurisdiction.
• Establishing a Young Arbitrators Forum to cultivate and retain emerging practitioners.
• Strengthening international partnerships in order to enhance capacity, visibility, and case referrals.
• Integrating ESG and CSR into NCIA’s operations, reflecting global expectations of institutional responsibility.
  

The Centre’s participation in Cairo yielded more than just insights—it solidified the Centre’s place among Africa’s premier arbitral institutions. With Kenya set to host the 7th AfAA Conference, NCIA stands at the threshold of a transformative moment. The relationships nurtured, recognition earned, and lessons absorbed from Cairo will shape the Centre’s strategic direction in the years ahead. This is an opportunity not just to elevate the Centre, but to reaffirm Nairobi’s identity as Africa’s arbitration capital—modern, inclusive, technologically adept, and globally competitive.