Thursday, July 16, 2020

SOMALIA, ON THE ROAD TO RATIFYING THE NEW YORK CONVENTION

- Advertisement -

The Federal Government of Somalia had made its interest of signing up to the New York Convention clear by setting up an Arbitration and ADR Division, and a NYC convention taskforce consisting of some of the leading international arbitration practitioners including Baiju Vasani (Jones Day), and Gary Born (Wilmer Cutler Pickering Hale and Dorr).

Earlier this year, the Somali government established the Arbitration and ADR Division (the “Division”) under the auspices of the Office of the Prime Minister and headed by Ms. Maryan Hassan. The Division promotes the use of ADR and oversees all arbitration – related matters (both commercial and investment) for the 26 ministries that comprise the Federal Government of Somalia’s Central Cabinet.

The focal point of the Division’s mandate is the post-civil war reformation and formalization of Somalia’s arbitration legal framework, including, but not limited to: accession to the 1958 UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”), drafting of the first Somali Arbitration Bill (including adoption of the UNCITRAL Model Law on International Commercial Arbitration), and revision of arbitral provisions in pre-civil war legislation.

The Division has set up a dedicated New York Convention Taskforce to support Somalia’s accession to the New York Convention and the drafting of the Somali Arbitration Bill. The Taskforce is led by Ms. Hassan along with Baiju Vasani (Jones Day), and Gary Born (Wilmer Cutler Pickering Hale and Dorr). The other members of the Taskforce are Ilham Kabbouri (Taylor Wessing), Jonathan Lim (Wilmer Cutler Pickering Hale and Dorr), and Stuart Kerr (Jones Day).

- Advertisement -

In addition to supporting the work of the Division, the Taskforce has also provided capacity building efforts and training for Somali government officials, NGOs and other stakeholders working in Somalia, with plans to conduct a training and skills workshop in late 2016 for the Somali Judiciary.

Ms. Maryan Hassan, who is also the Prime Minister’s Chief Legal Adviser, is the Head of the Division. She previously worked at the Arbitration Practice of Al Tamimi & Co in the DIFC, and the Somali Mission to the UN in New York. She currently serves on the Users Council’s National/Regional Committee for Africa for SIAC, and as a regional representative for Africa for the YIAG – LCIA. She is the first Somali recipient of the prestigious Weinstein JAMS International Fellowship and will be based at Harvard Law School and ICSID later this year.

During his keynote address at the ICCA forum in Mauritius, Judge Abdulqawi Yusuf, vice-president of the International Court of Justice, paid tribute to Somalia during his speech and recognized the hard work of Maryan Hassan in ushering Somalia in international arbitration. Judge Yusuf is a Somali national and a graduate of Somalia National University.  Speaking after him, Lord Hoffmann also highlighted Somalia during his ICCA address.

Judge Abdulqawi Yusuf during his Keynote address at ICCA 2016

HE Omar Abdirashid Ali Sharmarke, Prime Minister of the Federal Government of Somalia, describes the importance of the Division’s work to Somalia: “Somalia has long understood the importance of international arbitration: from our very early beginnings as one of the first Member States to sign to ICSID in the 1960s – up to more recent developments such as the 2015 Somali Foreign Investment Code, and the current drafting of Somalia’s first Arbitration Bill. The establishment of our Government’s Arbitration and ADR Division earlier this year documents an important step forward for arbitration in Somalia.”

The Division was also the main sponsor and organiser of the inaugural Somali International Arbitration Summit (SIAS), which took place between the 10th -12th April 2016, and was attended by some of the world’s most prominent arbitration practitioners, academics and regional practitioners.

(From L-R) Maryan Hassan, Baiju Vasani and Gary Born – the leaders of Somalia’s New York Convention Taskforce.

(From L-R) Jonathan Lim, Ilham Kabbouri and Stuart Kerr – members of Somalia’s New York Convention Task Force

- Advertisement -
- Advertisement -

Stay Connected

144,077FansLike
1,872FollowersFollow
786FollowersFollow
18FollowersFollow
5,524FollowersFollow
2,902SubscribersSubscribe

SOMALI NEWS

Donkey blamed for crash of Kenyan plane in Somalia

A plane belonging to Bluebird Aviation company that crash-landed in Beletwein, Somalia on Tuesday 14 July 2020.
- Advertisement -

Somali state leaders reject delay in holding polls

The presidents of Somalia’s five regional states have rejected suggestions by the country’s electoral body to postpone federal level polls, according to...

Head of Somalia’s military unhurt, civilian killed in suicide car bomb on convoy

The head of Somalia’s military escaped unhurt and one civilian was killed on Monday when a suicide attacker drove a bomb-laden car...

Somali army chief survives suicide attack in Mogadishu

 Somalia Army chief survived a suicide attack in Mogadishu on Monday after an explosion targeting his convoy occurred near the army hospital,...

US military kills Al-Qaeda-linked terrorist in Somalia airstrike

An American airstrike on Thursday killed at least one terrorist of the al Qaeda-linked al-Shabaab group in Somalia, officials said.

MORE NEWS

Marist College International Student Relieved ICE Order Was Removed

International students around the country are breathing a sigh of relief after the Trump administration reversed an order that would remove international...

Ilhan Omar: When I spoke out about systematic oppression, the Republican response was vicious

This past week, I met with community members and state lawmakers to push for more change in the wake of George Floyd’s...

A brazen online attack targets V.I.P. Twitter users in a bitcoin scam

In a major show of force, hackers breached some of the site’s most prominent accounts, a Who’s Who of Americans in politics,...

Abiy Ahmed must draw lessons from the failed Ethio-Eritrean federation

by Bizuneh Getachew Yimenu It appears that our political elites have forgotten that once...

UN top court rules in favour of Qatar in international airspace dispute

The International Court of Justice (ICJ) rejected an appeal, brought by Bahrain, Saudi Arabia, Egypt and the United Arab Emirates (UAE), which...

China Throws Iran a $400 Billion Lifeline

China and Iran are moving quickly toward a comprehensive strategic partnership that could see up to $400 billion in Chinese investments flow...

Donkey blamed for crash of Kenyan plane in Somalia

A plane belonging to Bluebird Aviation company that crash-landed in Beletwein, Somalia on Tuesday 14 July 2020.

Egypt and Somalia had warm relations in the past, but now it is lukewarm at best

Ambiguity, tension, and possible escalation surround the future of Egypt-Somalia relations due to the latter’s unclear position...

Al-Shabab militant killed by own bomb in Kenya border town

Kenyan police have confirmed that an al-Shabaab terrorist was killed on Monday by a bomb he was assembling to carry out roadside...

Somali state leaders reject delay in holding polls

The presidents of Somalia’s five regional states have rejected suggestions by the country’s electoral body to postpone federal level polls, according to...

FEATURED POSTS

Somali barber in Turkey hopeful despite coronavirus setback

Amid fears over the coronavirus pandemic, people around the world have adjusted to the new normal and began taking preventive measures,...

Ayaan Hirsi Ali blasts Ilhan Omar over call to remake US

Somalia-born human rights activist Ayaan Hirsi Ali criticized Rep. Ilhan Omar, D-Minn., Friday over recent comments in which the lawmaker called for "dismantling...

Ethiopian Naval Ambitions: One of Ethopia’s long-term geopolitical objectives

Ethiopia is gradually and steadily opening up doors and minds to international relations. Testament to this was when French President Macron sealed...

Israel Hawks Are Spending Big To Unseat Minnesota Rep. Ilhan Omar

Right-leaning pro-Israel groups are targeting Rep. Ilhan Omar, a Minnesota Democrat and outspoken critic of the Israeli government who is one of...