Arbitration in France

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As an unbiased practitioner, Dr. Kodo has acted as co-arbitrator in Investor-State disputes and as sole arbitrator and counsel in industrial and building disputes.  

In 2021, as a Marketing consultant for the Funding Local weather Reform (ICR) Facility (co-funded by the European Union, the Group of African, Caribbean and Pacific States and carried out by Deutsche Gesellschaft für Internationale Zusammenarbeit GmbH – GIZ, the British Council – BC, Experience France – EF, and Stichting Nederlandse Ontwikkelingsorganisatie – Netherlands Growth Organisation, SNV), Dr. Kodo revised the Arbitration Guidelines of the Nationwide Centre for Arbitration, Conciliation and Mediation (CENACOM) of Kinshasa, Democratic Republic of Congo, and likewise skilled greater than eighty arbitrators of the centre.  

Since we final spoke to you, what vital work have you ever undertaken? 

Since we final spoke, I’ve been concerned in 4 new arbitration proceedings involving a number of main arbitration facilities from Europe and Africa (together with, however not restricted to, the ICC, Paris – France and the arbitration Middle of the Frequent Court docket of Justice and Arbitration of the Organisation for the Harmonisation of Enterprise Regulation in Africa – OHADA). The language chosen by the events in three of these proceedings is English and the fourth is in French. I function sole arbitrator in two of these proceedings and as president of a panel of three arbitrators in two of the proceedings. In one of many latter two proceedings, I’m presiding a tribunal to determine a case the place the quantity at stake is greater than 102.000.000 USD. It’s, thus far, the very best quantity I need to determine as arbitrator, but in addition the primary time I’m presiding over a panel for such quantity. I take the total measure of the accountability I’ve been entrusted with, and greater than ever, I’m decided to be very environment friendly within the course of.   

What do you take into account to be your biggest achievements of the previous 12 months?  

Along with my most vital presidency of an arbitral tribunal thus far (contemplating the quantity at stake and complexity of the dispute), as talked about above, my companies have been requested as an professional witness in a posh litigation case in Asia and involving an African get together. I’ve been admitted to observe regulation within the Democratic Republic of Congo (DRC), beside the Bar of Paris, France. I’ve additionally been concerned in educating regulation (arbitration and different issues) in Europe, within the Indian Ocean and in Africa. Lastly, the fifth version of the “Code Pratique Francis Lefebvre OHADA: Traité, Actes uniformes et Règlements annotés” (Editions Francis Lefebvre, France), a treatise on the OHADA laws helpful for all of the practitioners, students and judiciary, has been launched late November final 12 months.     

Of the numerous abilities that you’ve got needed to develop so as to excel in your discipline, which might you say are an important to your success?  

Thoroughness in each facet of my work, whether or not as counsel or as arbitrator; openness of thoughts, which permits me to craft genuinely genuine options whereas sitting as arbitrator or to supply these once I’m counsel; loyalty and devotion to my shoppers, as counsel and to events as arbitrator. I might by no means emphasize sufficient the significance of very exhausting work, constantly. Additionally, real management and humility are important qualities I can’t depart from, particularly once I’m presiding over a tribunal the place my co-arbitrators are typically extra skilled and/or much more certified than me.   

How have you ever developed these over your years in observe?  

It requires exhausting work, dedication, a whole lot of modesty and consistency to develop such qualities over time, typically by studying from one’s personal errors or from these of your friends after they come to 1’s information.  

What recommendation would you give to events and counsel on how greatest to pick out an acceptable arbitration centre?  

It begins with retaining good, competent, and ADR-savvy attorneys when getting into right into a contract or an settlement as a result of, normally, arbitration centres are chosen within the arbitration clauses included in main contracts. It’s at that early stage that care must be taken within the number of the dispute decision provision of an settlement. Implementing this recommendation could also be difficult since many attorneys who draft contracts will not be ADR specialists and will not all the time concentrate on the pitfalls of some arbitration facilities. In any occasion, to the extent attainable, one ought to take into account the monitor data of an arbitration centre, i.e., its practices relating to appointment, conduct of the proceedings, its arbitration guidelines, the supply or not of authorized cures (within the uncommon however non-inexistent circumstances by which it might turn into essential to seek advice from courts of regulation to take away the blockage created by some incompetent arbitration centres).   

Given your nice expertise, what are the most typical errors that you just see counsel make throughout ADR?  

The commonest errors embody: accepting circumstances they don’t seem to be competent to deal with and never associating skilled counsel to deal with such circumstances effectively; accepting circumstances in languages by which they will barely maintain a dialog, not to mention draft authorized paperwork (Nb: remember the fact that with the ability to maintain a fundamental conservation in a international language doesn’t, in itself, qualify somebody to correctly signify a shopper in proceedings – earlier than an arbitral tribunal or a courtroom of regulation); displaying as much as conferences and hearings unprepared; failing to correctly and well timed increase acceptable objections which will assist their shopper; ineffective communication with the shopper.   

How can these errors be prevented by way of advance preparation or adopting a brand new technique?  

As talked about above, good coaching and strict compliance to moral {and professional} guidelines (similar to not accepting a case one will not be competent to deal with). For shoppers, understanding who to rent as counsel could spare them a whole lot of troubles and disappointments since, in lots of circumstances, it might be tough, even not possible, to salvage proceedings that are ruined by incompetent counsel.   

Are you able to share something in regards to the initiatives that you’re at present engaged on?  

I can solely say at this stage that I’m nonetheless getting ready some coaching supplies for arbitrators and dealing on a number of publication initiatives.  

About Jimmy Kodo, FCIArb    

Dr. Mahutodji Jimmy Very important KODO, Lawyer at regulation (France), Member of the Everlasting Court docket of Arbitration (PCA – The Netherlands); the Africa Fee of the Worldwide Court docket of Arbitration of the Worldwide Chamber of Commerce (ICC – France); the Singapore Worldwide Arbitration Court docket Customers Council (SIAC – Singapore). Former Technical Advisor to the President of the Frequent Court docket of Justice and Arbitration (CCJA) of the Organisation for the Harmonisation of Enterprise Regulation in Africa (OHADA – Côte d’Ivoire). Dr. Kodo revealed the e book Arbitration in Africa below OHADA Guidelines (Kluwer, 2020).  

 www. https://kodolaw.com/

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