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Member details

DR. MUTUBWA LAW

 

Member profile details

Organisation
DR. MUTUBWA LAW
I practise/work in
  • International Arbitration
  • International Alternative Dispute Resolution
Profile Photo (Headshot or Logo)
Title (Mr/Mrs/Miss/Dr)
DR.
How you'd like your name to appear in the directory
WILFRED MUTUBWA
Suffix
C.Arb FCIArb
Gender
Male
Country
Kenya
Country of Birth
Kenya
Nationalities
Kenyan
Languages
English, Swahili
Individual Member Profession (see note below)
  • Academic
  • Arbitrator
  • Counsel
  • Mediator/Conciliator
I have not sat as an arbitrator but hold this relevant qualification (see note below)
Fellow of the Chartered Institute of Arbitrators (CIArb)
Number of Cases as Counsel in international arbitration/ADR
6-20
Number of Cases as Sole Arbitrator in international arbitration
1-5
Number of Cases as International Tribunal Chair
1-5
Number of Cases as International Mediator/Conciliator
20+
Areas of Speciality
  • Competition
  • Construction & Infrastructure
  • Corporate Law / M&A
  • Employment
  • Energy & Natural Resources
  • Engineering
  • Environment
  • International Commercial Disputes
  • International Investment Disputes
  • Investment law
  • Joint Venture
  • Public International Law
  • Real Estate
  • Sales & Purchases
Degrees/Qualifications, Institutions and Dates Obtained
LL.B (Honours) Moi University- 2004
LL.M (Unisa, Pretoria ) 2017
Fellow of the CIArb
Post Graduate Diploma in law 2005
Post Graduate Diploma in Arbitration 2010-2016 (CIArb -UK)
40 hour Mediation-2015
Accredited Mediator CIArb UK and Judiciary Kenya
Construction Adjudicator
List Arbitration/ADR Panels you belong to
LCIA/MCIA Mauritius
Chartered Institute of Arbitrators Kenya and United Kingdom
Nairobi Centre for International Arbitration (NCIA)
Professional Experience (Job Title, Organisation and Dates)
Lecturer - Riara University Law School 2017-to-date
Adjunct lecturer- Moi University School of Diplomacy
Lubulellah and Associates, Partner 2006-todate
Branch Committee Member CIArb Kenya-2018-to-date
Member Task Force on ADR Kenya 2017- to-date
Member of the Working Group on reform of the Arbitration Act of Kenya- 2017-to-date.
Member Committee on Continuing Professional Development - Law Society of Kenya 2009-todate
Biography
Dr. Wilfred A. Mutubwa is a Chartered Arbitrator (C. Arb) and Fellow of the Chartered Institute of Arbitrators (FCIArb); Chairman of the CIArb- Kenya Branch. Advocate of the High Court of Kenya, in good standing with a post-Admission experience of 15 years. Holds LL. B (Honours) and LL.M Degrees and LL. D focusing on International Economic Law from the University of South Africa. He also holds a Post Graduate Diploma in Law from the Kenya School of Law and a Post Graduate Diploma in Arbitration (CIArb –UK). He is an Accredited Mediator by CIArb–UK and the Court Annexed Mediation Programme (CAMP) of the Kenyan Judiciary.

He is the founding Principal at Dr. Mutubwa Law Advocates; teaches at the Kenya School of Law and at the Mt. Kenya University. He is also a course Director and Tutor in Arbitration and Mediation at CIArb-UK.

He is currently a member of the Task Force appointed by the Chief Justice of the Republic of Kenya on ADR and specifically mandated to roll out Court Annexed Mediation and other forms of Alternative Dispute Resolution (ADR).

He is an Arbitrator listed on London Court of International Arbitration (LCIA); Mauritius International Arbitration Centre (MIAC); the Nairobi Centre for International Arbitration (NCIA); the Kigali International Centre for International Arbitration; the African Arbitration Association (AAA); and the CIArb President’s Panel Panels. He was recently appointed by the President of the Republic of Kenya to serve on the KNHR Commission Selection Panel, and by the Chief Justice of Kenya to serve as a Member of the Political Parties Disputes Tribunal.

He has experience in over 60 Arbitrations and Mediations, as arbitrator, Mediator and Party Representative. He has published a book, Commercial and Investment Arbitration: An African Perspective; and over 20 Articles on the subject in peer reviewed Journals.
Legal Background
  • Common Law
  • International Law
Types of agreements from which disputes in your practice most frequently arise
  • Built Environment
  • Concessions
  • Employment
  • Energy Pricing
  • Engineering
  • Loan
  • Partnership
  • Public-Private Partnerships
  • Sale of Goods
  • Share Purchase/Joint Venture
List arbitration/ADR articles, book chapters, books and where published
2018 Case Review: World Duty Free v Kenya Airports Authority The Alternative Dispute Resolution CIArb Journal 2018

2018 Enforcement of Arbitral Awards in Kenya: Statutory and Institutional Bottlenecks (2018) 6(1) Alternative Dispute Resolution CIArb.

2017 Court Annexed Mediation in Kenya (2017) 5(2) Alternative Dispute Resolution CIArb.

2017 “Court Annexed Mediation in Kenya: The story thus far” published in the ADR Magazine by the CIArb.


2017 The COMESA –SADC – EAC Tripartite Free Trade Area Agreement and Regional Integration in Africa: achieving the African Economic Community Dream (2017) Journal of cmsd vol.1(2).

2017 Book Review: Contemporary Issues in Arbitration by Paul Ngotho (2017) 5(1) Alternative Dispute Resolution.

2016 “The Making of an Arbitration Hub: A Critical Appraisal of the Nairobi Centre for International Arbitration Act 2013” CIArb 2016 The International Journal of Arbitration, Mediation and Dispute Management Vol. 82/No. 2/May (2016)/ Sweet and Maxwell/pp.135-145.

2016 Regional Economic Integration Agreements in Southern Africa and the World Trade Organization Guidelines (submitted for Publication to the African Yearbook of International Law).

2016 Monism and Dualism: The Dilemma in the Application of International Agreements under the South African Constitution (Submitted to the UNPAD Journal of International Law).

2016 “Finality of Arbitration Awards” Published in the Advocate: LSK at page 10.



2016 Professional undertakings and Limited Liability Partnerships: A Discordant Couple? Published in the Advocate by Law Society of Kenya.


2016 Confidentiality in Arbitration under the Constitution of Kenya 2010. An Illusory myth or valid Attribute (2016) 4 (2) Alternative Dispute Resolution.



2016 The COMESA-SADC-EAC Tripartite Free Trade Area Agreement and Regional Integration in Africa: Achieving the African Economic Community Dream (UNISA LL.M Dissertation).


2003-2004- Moi University Students Magazine Editor – 2003 – 2004

2004 Interest Rates and Corporate Failure Assessing Legislative Intervention “LLB Dissertation (unpublished)



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