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As an impartial practitioner, Dr. Kodo has acted as co-arbitrator in Investor-State disputes and as sole arbitrator and counsel in business and development disputes.
In 2021, as a Advisor 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 Improvement 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 in addition educated greater than eighty arbitrators of the centre.
Since we final spoke to you, what important 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 Widespread Courtroom of Justice and Arbitration of the Organisation for the Harmonisation of Enterprise Legislation 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, to this point, the best quantity I need to determine as arbitrator, but additionally the primary time I’m presiding over a panel for such quantity. I take the complete 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 think about to be your biggest achievements of the previous 12 months?
Along with my most important presidency of an arbitral tribunal to this point (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 follow legislation within the Democratic Republic of Congo (DRC), beside the Bar of Paris, France. I’ve additionally been concerned in instructing legislation (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 yr.
Of the various abilities that you’ve got needed to develop with the intention to excel in your discipline, which might you say are a very powerful to your success?
Thoroughness in each side 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 after I’m counsel; loyalty and devotion to my purchasers, as counsel and to events as arbitrator. I might by no means emphasize sufficient the significance of very arduous work, persistently. Additionally, real management and humility are important qualities I can not depart from, particularly after I’m presiding over a tribunal the place my co-arbitrators are generally extra skilled and/or much more certified than me.
How have you ever developed these over your years in follow?
It requires arduous work, willpower, loads of modesty and consistency to develop such qualities over time, generally by studying from one’s personal errors or from these of your friends after they come to at least one’s information.
What recommendation would you give to events and counsel on how finest to pick an applicable arbitration centre?
It begins with retaining sensible, competent, and ADR-savvy legal professionals when coming into right into a contract or an settlement as a result of, typically, 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 choice of the dispute decision provision of an settlement. Implementing this recommendation could also be difficult since many legal professionals who draft contracts are usually not ADR specialists and will not at all times concentrate on the pitfalls of some arbitration facilities. In any occasion, to the extent attainable, one ought to think about 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 treatments (within the uncommon however non-inexistent instances through which it might change into essential to confer with courts of legislation to take away the blockage created by some incompetent arbitration centres).
Given your nice expertise, what are the commonest errors that you simply see counsel make throughout ADR?
The most typical errors embody: accepting instances they don’t seem to be competent to deal with and never associating skilled counsel to deal with such instances effectively; accepting instances in languages through which they will barely maintain a dialog, not to mention draft authorized paperwork (Nb: needless to say having the ability to maintain a primary conservation in a international language doesn’t, in itself, qualify somebody to correctly symbolize a consumer in proceedings – earlier than an arbitral tribunal or a court docket of legislation); exhibiting as much as conferences and hearings unprepared; failing to correctly and well timed increase applicable objections which will assist their consumer; ineffective communication with the consumer.
How can these errors be prevented by advance preparation or adopting a brand new technique?
As talked about above, good coaching and strict compliance to moral {and professional} guidelines (resembling not accepting a case one isn’t competent to deal with). For purchasers, figuring out who to rent as counsel might spare them loads of troubles and disappointments since, in lots of instances, it might be troublesome, even not possible, to salvage proceedings that are ruined by incompetent counsel.
Are you able to share something concerning 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 Important KODO, Legal professional at legislation (France), Member of the Everlasting Courtroom of Arbitration (PCA – The Netherlands); the Africa Fee of the Worldwide Courtroom of Arbitration of the Worldwide Chamber of Commerce (ICC – France); the Singapore Worldwide Arbitration Courtroom Customers Council (SIAC – Singapore). Former Technical Advisor to the President of the Widespread Courtroom of Justice and Arbitration (CCJA) of the Organisation for the Harmonisation of Enterprise Legislation in Africa (OHADA – Côte d’Ivoire). Dr. Kodo printed the guide Arbitration in Africa underneath OHADA Guidelines (Kluwer, 2020).
Revealed by www.lawyer-monthly.com
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