The face of international arbitration has changed (LIDW26 briefs)

Over the course of this week, thousands and delegates and leading figures from the global dispute resolution community have gathered in person and online to learn, share, network, and socialise across a huge variety of LIDW26 events, exploring key issues and topics, and helping to drive awareness and best practice globally.

At today’s Main Conference, held at the QEII Centre encircled by world-famous sights such as Big Ben, Westminster Abbey, and the Houses of Parliament, proceedings began with a keynote address from Sean West, an expert on the intersection of technology, law, and politics, before a panel discussion on “AI, Authenticity and the Future of Evidence: Trust in a Synthetic World”.

Other panels, interviews, and addresses throughout today’s LIDW26 Main Conference have and will address topics such as The Rise of Mass Claims: Balancing Investor Confidence with Access to Justice; Law at the Frontiers; The Great Costs Debate;; the importance of pro bono work; The Intersection of Law and Politics - the Rule of Law under Pressure; the General Counsel perspective; and Access to Justice Internationally - Tradition and Transformation.

The latter panel will close the onstage proceedings, and feature leading African arbitration expert Professor Emilia Onyema, among an expert panel.

The future of international dispute resolution is being written, and Africa’s voice at the table has never mattered more. With its young, dynamic population, resource riches, and technological leaps, Africa is set to play a growing role in how the world responds to energy transition, climate change, and other pressing challenges.

Throughout this week Africa Legal will be in attendance, spotlighting key conversations relevant to Africa and the continent’s legal practice, along with African experts in attendance. Before the Main Conference began today, we sat down with Harold Atuguba, Senior Managing Associate of Ghanaian firm Atuguba & Associates, who was attending LIDW as a delegate for the first time, with several colleagues.

What inspired you and several of your Atuguba & Associates colleagues to take the long flight to London to be here for London International Disputes Week?

We are a law firm based in Accra, Ghana that is big on corporate and commercial practice, and we happen to be partnering with Gately Legal in the UK on a number of cases. We currently handle a large international arbitration case with Gately Legal on behalf of the Government of Ghana for a claim that has been brought against the Republic of Ghana for a quantum of damages in excess of $1 billion. So we've been working with Gately Legal for some time now, and they extended the invitation to us as a partner firm in Africa to attend London International Disputes Week.

What are you most looking forward to about the week ahead, and what do you think the value is for African law firms in being here on the ground?

I think the face of international commercial arbitration has changed, and with AI things have tremendously changed, so any law practice that does not adapt to the changing times will be left behind. So we are excited to be here meeting different people from different countries, to gain varied perspectives on how law practice is done, and to network and get a comparative view of how law is practiced. So we are excited to be here.

At LIDW25 there was onstage discussion about Africa’s growth and huge potential, and the need for Africa to have a stronger voice globally and with international arbitration. What are your feelings on that; the growth of arbitration and mediation in Africa, and the continent's place at the global table?

I think over the years, African countries have come to the realisation that just going to court to have cases dealt with has not fully worked, and that international commercial arbitration is the way to go. Particularly there is a good investment climate in Africa, people come in there to do business, but not every foreign entity has total confidence in the judicial setup in Africa. We all know their challenges, so once there are arbitration agreements incorporated in international contracts, and the foreign investors are confident that in the event of a dispute you would have an impartial international body to determine the merits of the keys. I think it gives more investor confidence for people to invest in Africa and do business in Africa.

Would you like to tell us more about Atuguba & Associates, and the work you do and where you operate in Ghana and across the wider region?

Okay, so Atuguba & Associates operates primarily out of our office in Accra, and we also have an office in the northern part of Ghana, in Tamale. Incidentally, we just celebrated our 20th anniversary. We are big on international corporate and commercial practice, and do a lot of international commercial arbitration… We do a lot of work across the region, especially in Nigeria where we have a firm we partner with, for the government in Sierra Leone, and in Liberia and Cameroon as well.

So there are many African countries where we have footprints, and we have come to the realisation that cross-border legal practice is all about partnering with other firms. In most jurisdictions, you can't do things in isolation, and that’s a reason why we're here at the London International Dispute Week, to acquaint ourselves with how practice is changing, and also network with other disputes lawyers.