Articles
Dr. Wilfred A. Mutubwa is a Chartered Arbitrator (C. Arb) and Fellow of the Chartered Institute of Arbitrators (FCIArb); Chairman of the CIArbKenya Branch. Advocate of the High Court of Kenya, in good standing with a post-Admission experience of 16 years. He holds LL.B (Honours) and LL.M Degrees and LL. D focusing on International Economic Law from the University of South Africa. His research focuses on Trade and Investment dispute resolution systems in African regionalism and integration efforts. He also holds a Post Graduate Diploma in Law from the Kenya School of Law; a Post Graduate Diploma in Arbitration (CIArb –UK); and a Post Graduate Diploma in International Arbitration from the Africa Arbitration Academy. 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; he is a senior Lecturer at the Mt. Kenya University. He is also a course Director and Tutor in Arbitration and Mediation at CIArb-UK. He previously taught Commercial Transactions at the Kenya School of Law and Riara University. 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 Panels.
He also serves on the Arbitration Foundation of Southern Africa (AFSA) and Southern Africa Development Community (SADC) international Arbitration Panels. He is a fellow of the Africa Arbitration Academy.
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 was conferred with the exemplary recognition of the Order of the Grand Warrior of the Republic of Kenya by the President in the year 2021. 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 30 Articles on the subject in peer reviewed Journals.
He has spoken in numerous conferences and has taught as a guest/visiting Lecturer in various universities including Strathmore University and University of Pretoria. In 2017, he was recognised by IArb Africa as one of the top 100 Arbitrators in Africa. In 2020 he was named as one of the Top 50 rising Arbitration Personalities in Africa. In 2021 he was named by the Business Daily as one of the top 40 under 40 personalities in Kenya. In December 2022 hew was named top 30 Promising Arbitration Practitioners in Africa by the Africa Arbitration Academy; and ADR Practitioner of the year by the Nairobi Law Society Trust
Articles & Publications
2022 : Are Emergency Arbitrations Contemplated Wilfred Mutubwa 125 Under the Indian Arbitration Act? Some Reflections from Indian Courts Alternative Dispute Resolution Volume 10 Issue 4 2022 – https://ciarbkenya.org/wp-content/uploads/2022/11/Vol-104.pdf
2022: Binding Effect of Arbitration Clauses on Third Wilfred Mutubwa 17 Party Non-Signatories: The Supreme Court of India’s Perspective – Alternative Dispute Resolution – Volume 10 Issue 4 – https://ciarbkenya.org/wp-content/uploads/2022/11/Vol-104.pdf
2022: The Overriding Objective in the English Arbitration Act: Some Key Lessons Alternative Dispute Resolution Vol. 10 Issue 3 at 180 – https://ciarbkenya.org/wp-content/uploads/2022/08/Vol-103.pdf
2022: Alternative Dispute Resolution is an Imperative in Public Procurement Disputes: Constitutional Petition Number 488 of 2021 Alternative Dispute Resolution Vol. 10 Issue 3 at 180 – https://ciarbkenya.org/wp-content/uploads/2022/08/Vol-103.pdf
2022 Resolving Oil and Gas Disputes in an Integrating Africa: An Appraisal of the Role of Regional Arbitration Centers JCMSD Vol.9 Issue 1 (with Eunice Ng’ang’a) – https://ciarbkenya.org/wp-content/uploads/2021/02/volume9-issue1-1.pdf
2022 The Law and Emerging Jurisprudence on the Jurisdiction of the Political Parties Disputes Tribunal (PPDT) Kenya JCMSD Vol.8 Issue 4 (with Rosemary Kamathi) – http://journalofcmsd.net/wp-content/uploads/2022/06/The-Law-and-Emerging-Jurisprudence-on-the-Jurisdiction-of-Political-Parties-Dispute-Tribunal-of-Kenya.pdf
2022: The Overriding Objective in the English Arbitration Act: Some Key Lessons Alternative Dispute Resolution Vol. 10 Issue 3 at 180 – https://ciarbkenya.org/wp-content/uploads/2022/08/Vol-103.pdf
2022 Consolidation of Multi-Party Contracts: The Indian Experience Alternative Dispute Resolution Vol. 10 Issue 1 at 54 – https://ciarbkenya.org/wp-content/uploads/2022/02/Volume-101-.pdf
2021 Finality of Arbitration Reaffirmed- Express Connections Limited -vs- Easy Properties Limited Alternative Dispute Resolution Vol. 9 Issue 4 at 201 – https://ciarbkenya.org/wp-content/uploads/2021/10/Volume-94-.pdf
2021 Arbitrators’ Duty to disclose Revisited: Newcastle United Football Company Limited vs the Football Association Premier League Limited & 3 others Alternative Dispute Resolution Vol. 9 Issue 4 at 57 – https://ciarbkenya.org/wp-content/uploads/2021/10/Volume-94-.pdf
2020 Evaluating the Impact of Political Instability and National Security on Foreign Direct Investment in Kenya JCMSD Vol.4 Issue 3 – https://journalofcmsd.net/wp-content/uploads/2020/10/Determining-The-Impact-of-Political-Instability-and-National-Security-on-Foreign-Direct-Investment-in-Kenya-.pdf
2020 Impact of Foreign Direct Investment in the Utilization of Natural Resources: Case Study from Kenya JCMSD Vol.4 Issue 3 – http://journalofcmsd.net/wp-content/uploads/2020/07/Impact-of-Foreign-Direct-Investment-in-the-Utilization-of-Natural-Resources.pdf
2020 Covid-19 And The Regulation of Foreign Investment Law: A Necessary Paradigm Shift Alternative Dispute Resolution Volume 8 Number 2 – https://ciarbkenya.org/wp-content/uploads/2021/02/volume-8-no.-2-30th.pdf
2020: Fragmentation of Investment Codes in Africa: The Pan African Investment Code as a Centripetal Continental Force JCMSD Vol.4 Issue 1 at 22 – http://journalofcmsd.net/fragmentation-of-investment-codes-in-africa-the-pan-african-investment-code-piac-as-a-centripetal-continental-force/
2020 Is Nairobi a Safe Seat for International Arbitration? A Review of the latest Decision from the Supreme Court of Kenya and its Possible Effects Nyutu Agrovet Limited –v- Airtel Networks Limited and Another Alternative Dispute Resolution Volume 8 Number 1 at p.55 – https://ciarbkenya.org/wp-content/uploads/2021/02/volume-8-no.-1-.pdf
2019 Martha Karua v Republic of Kenya: A litmus test for the East African Court of Justice’s ever Shifting Supremacy and Jurisdictional Remit Afronomicslaw November 2019 – https://www.afronomicslaw.org/2019/11/08/martha-karua-v-republic-of-kenya-a-litmus-test-for-east-african-court-of-justices-ever-shifting-supremacy-and-jurisdictional-remit
2019 Regional Economic Integration Agreements in Southern Africa and the World Trade Organisation Guidelines Afronomicslaw October 2019 – https://www.afronomicslaw.org/index.php/2019/10/25/regional-economic-integration-agreements-in-southern-africa-and-the-world-trade-organization-guidelines
2019 ICSID Ad hoc Committee Resets the Test for Annulment of Arbitral Awards: RMS Production Corporation v Saint Lucia (2019) 7 (1) Alternative Dispute Resolution
2019 Regional Economic Integration Agreements in Southern Africa and The World Trade Organization Guidelines Journal of cmsd Volume 3(2) – https://journalofcmsd.net/wp-content/uploads/2019/11/Regional-Economic-Integration-Agreements-in-Southern-Africa-and-the-World-Trade-Organization-Guidelines-2.pdf
2019 Selection of Ghana to host the AfCFTA Secretariat is a Befitting Tribute to Kwame Nkrumah Afronomicslaw July 2019 – https://www.afronomicslaw.org/2019/08/12/selection-of-ghana-to-host-the-afcfta-secretariat-is-a-befitting-tribute-to-kwame-nkrumah
2019 Monism and Dualism: The Dilemma in the Application of International Agreements under the South African Constitution (2019) Journal of cmsd Volume 3(1) pp.27-37 – https://journalofcmsd.net/wp-content/uploads/2019/06/international-law-article-MUTUBWA-May-2019.pdf
2018 Case Review: World Duty Free v Kenya Airports Authority Alternative Dispute Resolution Journal
2018 Enforcement of Arbitral Awards in Kenya: Statutory and Institutional Bottlenecks (2018) 6(1) Alternative Dispute Resolution – https://ciarbkenya.org/wp-content/uploads/2021/02/volume-6-issue-1.pdf
2017 Court Annexed Mediation in Kenya (2017) 5(2) Alternative Dispute Resolution – https://ciarbkenya.org/wp-content/uploads/2021/02/vol-5-issue-2-final-august-30th-.pdf
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) – https://journalofcmsd.net/wp-content/uploads/2017/12/Wilfred-Mutubwa-THE-COMESA-SADC-EAC-TRIPARTITE-FREE-TRADE-AREA-AGREEMENT-AND-REGIONAL-INTEGRATION-IN-AFRICA-20-DECEMBER-2017.pdf
2017 Book Review: Contemporary Issues in Arbitration by Paul Ngotho (2017) 5(1) Alternative Dispute Resolution – https://ciarbkenya.org/wp-content/uploads/2021/02/volume-5-issue-1.pdf
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 “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. – https://ciarbkenya.org/wp-content/uploads/2021/02/volume-4-issue-2-2016-ciarb-k-journal-2.pdf
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). – https://journalofcmsd.net/wp-content/uploads/2017/12/Wilfred-Mutubwa-THE-COMESA-SADC-EAC-TRIPARTITE-FREE-TRADE-AREA-AGREEMENT-AND-REGIONAL-INTEGRATION-IN-AFRICA-20-DECEMBER-2017.pdf