Young ICCA Skills Training Workshop: Enforcement of Arbitral Awards

Join us in Kigali on 6 June 2025 for a Skills Training Workshop on the Enforcement of Arbitral Awards. 

Developed in conjunction with the ICCA Judiciary Committee, this interactive workshop will provide an overview of the New York Convention and a detailed discussion on how arbitral awards are enforced in various African jurisdictions. The workshop is geared towards young practitioners, and aims to provide attendees with not only the theoretical knowledge of the New York Convention and its history, but also the ability to enforce an arbitral award on a practical basis.

The workshop will adopt a comparative approach to three jurisdictions in Africa, and will specifically focus on enforcement of awards in Rwanda, South Africa and Nigeria. The panelists will discuss the legal framework for enforcement, before providing a step-by-step overview for the enforcement process, and practical issues to be aware of when enforcing awards in their respective jurisdictions. The event will be moderated by Eva Chan and Raquel Macedo Moreira, and will feature the following speakers:

• Mohamed Abdel Wahab (Zulficar & Partners)
• Jackwell Feris (Cliffe Dekker Hofmeyr)
• Pie Habimana (University of Rwanda)
• Zelda Hunter (White & Case)
• Dyalá Jiménez (DJ Arbitraje)
• Chizaram Mbah (Aluko & Oyebode)

In the second half of the workshop, participants will have the opportunity to apply what they have learned to a detailed fact pattern. This will consist of a guided, Socratic-style discussion with the panelists, who will provide real-time feedback to attendees.

Young ICCA Kigali Post Event Report

June 6, 2025

Prepared by Young ICCA Regional Representatives: Veronica Connolly (Cliffe Dekke Hofmeyer, Inc) and Kyle Mellville (Herbert Smith Freehills Kramer)

The Young ICCA Skills Training Workshop was held in Kigali the day after the highly anticipated conference co-hosted by ICCA and the Kigali International Arbitration Centre (KIAC). Combining academic depth and practical application, the workshop offered attendees an engaging introduction to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards ('Convention'), culminating in a case study exercise involving arguments for and against the enforcement of a fictitious arbitral award.

Reflecting the truly global nature of international arbitration and enforcement around the world in the Convention's 172 contracting states, the workshop featured speakers and moderators practicing in Rwanda, Zambia, South Africa, Egypt, Nigeria, the United States, Costa Rica, and the United Kingdom. 

Panel: Scope and Application of the New York Convention

The workshop was opened by Eva Chan, Young ICCA Co-chair, who provided an overview of Young ICCA’s global reach, resources, and initiatives. She highlighted that the Young ICCA network now boasts over 19,000 members across 144 jurisdictions, underscoring its commitment to supporting and developing the next generation of arbitration practitioners worldwide.

This was followed by a panel presentation on the history, scope and application of the Convention featuring Paulman Chungu (Ranchhod, Chungu Advocates), Dyalá Jiménez (DJ Arbitraje) and Prof. Dr. Mohamed Abdel Wahab (Zulficar & Partners). 

Mr. Chungu began by contextualizing the New York Convention by discussing the historical context within which it was devised. He described how post–World War II frameworks like the Geneva Protocol and Geneva Convention aimed to address issues regarding international dispute resolution, but struggled to provide a practical and effective framework. Drafts of a new process for global enforcement were prepared in 1953 and 1955, preceding the conference in New York in 1958. Following that conference, the Convention emerged as a practical solution to achieve international enforcement of awards more easily and efficiently, and has since been widely embraced worldwide.  

Ms. Jiménez then turned to the enforcement of arbitral agreements under Article II of the Convention. She noted that the Convention requires arbitration agreements be in writing and explained how this has been interpreted by the courts in light of more recent developments such as electronic communications.  She then explained that the courts must refer parties to arbitration unless the agreement is null, void, inoperative or incapable of being performed – a practice that follows the principle of kompetenz-kompetenz.

Prof. Dr. Wahab concluded the session by addressing the recognition and enforcement of arbitral awards under Articles III to V of the Convention. He explained that applicants must present an authenticated original or certified copy of the award and arbitration agreement, and that grounds for refusal, especially those based on public policy, must be narrowly construed. He then gave practical insights, highlighting recent case law demonstrating a pro-enforcement stance by the judiciary and noting recent accessions the Convention by African countries, including Ethiopia and Sierra Leone in 2020 and Malawi in 2021.

Recognition and Enforcement in Selected African Jurisdictions: A Closer Look

Having gained insight into the purpose and application of the Convention, participants turned their attention to the practical application of the Convention, and its coexistence with domestic arbitration legislation, across key African jurisdictions. A series of focused presentations explored the processes, challenges, and judicial attitudes toward the recognition and enforcement of foreign arbitral awards in Nigeria, South Africa and Rwanda.

Chizaram Mbah (Aluko & Oyebode) opened the jurisdictional session with an explanation of the process for obtaining recognition and enforcement in Nigeria. She explained the procedural steps and requirements of the new Nigerian Arbitration and Mediation Act, along with the Nigeran Courts' approach and attitude to enforcement  

Jackwell Feris (Cliffe Dekker Hofmeyr) followed with insights on South Africa’s arbitration landscape. He explained the country’s robust legal framework under the International Arbitration Act 15 of 2017, identified how the act reflected the provisions of the Convention, and presented case examples demonstrating the pro-enforcement stance taken by the South African judiciary. He emphasized the South African courts’ willingness to uphold arbitration agreements and enforce arbitral awards, provided that statutory requirements are met.

The session concluded with a presentation by Pie Habimana (University of Rwanda), who discussed the growing prominence of international arbitration in Rwanda. He outlined the significance of Rwanda’s ratification of the New York Convention in 2008 and the concurrent adoption of the Law on Arbitration and Conciliation in Commercial Matters, and how the Convention and legislation operated together to ensure effective enforcement mechanisms in Rwanda. 

Among the key takeaways from the presentations were that: 

• In Convention signatory states, the process for recognition and enforcement is largely similar in structure and rooted in the Convention’s provisions.
• However, local legislation in each jurisdiction can introduce unique procedural and substantive elements, including in relation to grounds for refusing enforcement.
• The courts in Nigeria, South Africa, and Rwanda display a pro-enforcement and arbitration-friendly approach, generally respecting parties' agreements to arbitrate and demonstrating judicial restraint when reviewing arbitral awards.

Hands-On Experience: Advocacy in Action

After a short break, the focus shifted to an interactive practical session led by Ms. Chan and Raquel Macedo Moreira, Young ICCA Mentoring Co-Director. Participants were presented with a mock case study: a Nigerian claimant had secured a USD 90 million ICC arbitral award against a Rwandan party and sought to enforce the award in Rwanda under the New York Convention. However, the Rwandan party had initiated annulment proceedings in Paris, the seat of arbitration, citing due process violations and arbitrator bias.

Participants were grouped together and assigned the role of Claimant or Defendant in respect of (i) whether the requirements to initiate recognition and enforcement under Rwandan law and the New York Convention had been met; and (ii) whether enforcement should be denied due to alleged violations of procedural fairness.

Drawing on the morning’s in-depth legal presentations and with the guidance of expert mentors, participants engaged in lively debates. They prepared and delivered oral submissions on critical points, including:

• Whether the discretionary wording of the arbitration clause (which stated that disputes "may" be referred to arbitration) constituted a binding and enforceable arbitration agreement;
• Whether the procedural requirements, including submission of original or certified copies of the award and arbitration agreement, had been complied with;

• Whether enforcement in Rwanda should be stayed under Article VI of the Convention and Rwandan law, because of ongoing annulment proceedings in France.

   

Each team nominated a representative to present arguments before Paulman Chungu and Pie Habimana, who presided as mock judges of the Rwandan court. After several rounds of compelling submissions and rebuttals, the judges rendered their decision: Enforcement of the award in Rwanda would be stayed pending the outcome of the annulment proceedings in France.

The session provided participants not only with practical advocacy experience but also a deeper appreciation of the challenges of enforcing arbitral awards in cross-border disputes, particularly where parallel proceedings exist at the seat of arbitration.

Reflections and Impact

The Young ICCA Workshop on the Enforcement of Arbitral Awards stands as a testament to the organization’s commitment to equipping the next generation of arbitration practitioners with both academic insight and practical skills.

Through a blend of expert-led discussions and interactive sessions, participants gained an understanding of both the common threads that run through Convention signatory states, and the jurisdiction-specific considerations that shape real-world outcomes.

The enthusiasm for the session was reflected in the high turnout, with the event reaching capacity well in advance, underscoring the strong appetite for practical and inclusive learning opportunities in international arbitration across young practitioners in Africa.