With Lagos as Africa’s economic powerhouse, the LCA is suited to be an ADR hub for the region – Megha Joshi
Megha Joshi is the Executive Secretary and Chief Executive Officer of the Lagos Court of Arbitration (LCA) International Centre for Arbitration & ADR (ICAA), a position she took on in November 2012, almost three years ago. Since then, she has successfully developed processes for an efficient Court of Arbitration, established a brand for the organisation, while developing links with Nigerian stakeholders and the international alternative dispute resolution (ADR) community.
Under her watch, the LCA has raised a lot of awareness about ADR within the Nigerian business and legal communities, in a campaign that focused on the difference between institutional and ad-hoc ADR. With this development, the inclusion of the LCA in dispute resolution clauses for commercial contracts has become more prevalent.
Recently recognised and featured as one of Africa’s Leading Women in Arbitration, Megha speaks with THEODORA KIO-LAWSON about her foray into dispute resolution, the structure and operations of the LCA, her role as Executive Secretary/CEO, arbitration and ADR, among other things. Excerpts:
About the Administration and operations at the LCA
“The LCA is governed by a Board of Directors who are arguably some of the most talented and experienced arbitrators in Nigeria and Africa, so we have a lot of expertise on that level. As the Executive Secretary/CEO, I am responsible for the day to day management of the LCA & ICAA, all aspects the business, administration and engagement of all stakeholders (government, federal and state judiciary, public and private sectors, foreign investors, etc.).”
Megha’s path to dispute resolution was quite unorthodox, as she likes to say. After graduating from university with a degree in Politics she worked in Hillary Clinton’s Senate Office in New York. From where she accepted a position in business development for an international media and public relations company, which involved creating national economic branding campaigns in eleven countries across Europe, the Middle East, East Asia and Africa.
“Though I don’t have a legal background, my experience in project management and track record of effectively working with key decision makers from an array of industries made me a good candidate to lead the implementation of the institutional framework and business plan.”
According to her, the position was appealing as it involved projecting Lagos as centre of excellence for ADR. She jumped at the offer.
Hear her, “A key aspect of my position is acting as an ambassador for positive institutional developments in Nigeria for the benefit of the business and economic framework, and de-risking investments. Changing mindsets and influencing change really motivates me. Though we are relatively small at the moment, the set-up of the LCA is independent; and private sector-driven, geared to become an international Centre for the resolution of commercial disputes. Given the fact that Lagos is an economic powerhouse in Africa, the LCA is well suited to become an ADR hub. I refer to the LCA ICAA as a total ADR services provider!”
How does the current structure and management of the LCA impact on its efficiency,” LB enquired.
“The characters on the Board are influential personalities very passionate about arbitration and significance of the LCA as a regional centre in the context of international and domestic ADR. They have a vision for the LCA and goals that are effectively communicated to me, and together we come up with strategic plans for the organisation’s development. They demand excellence and do not compromise on standards and this works very well, as we share the same values for the LCA and how it should function.
“We have internal and external administrative policies and regulations on how to govern our affairs that are all documented because transparency is key. At the moment, our size is our strength. We are small so our affairs and operations are effectively streamlined. We are therefore able to structure our interaction with clients to ensure they receive one-on-one administrative support and maximum value from the administrative fees.
“As we grow bigger, we will increase our manpower, generate more income and expand our services extensively.
What is the LCA’s five-year projection?
“Our major interest is building a worldclass arbitration that the nation and indeed all of Africa will be proud of. I believe that with the institutional structure and ultra-modern facilities we have now at the ICAA, the LCA will be a key centre for ADR in Africa, with record achievements in the development of Arbitration.
“We do not only provide arbitration services, but several other resources and services for alternative dispute resolutions. Such as, mediation, negotiation, conciliation, neutral appointment, neutral evaluation, case-management, administration, secretarial services, fund-holding, facilities hire, transcription, conferencing, seminars, membership services, research, policy advocacy, publications, rules, schemes and draft clauses.
“It’s a long journey but the future is very bright for us. Just by supporting the growth in the private sector, for example in banking and e-commerce, the LCA is geared to become the preferred dispute resolution provider for fast settlements. In five years the ICAA will be a hub of activity, especially when businesses and lawyers see the results and benefits of ADR.
How does the Lagos Court of Arbitration appoint experts, mediators and arbitrators?
“All neutrals must be members of the LCA and are approved for listing by the LCA Neutrals Selection Committee, in accordance with the LCA Neutrals Qualification Criteria. The LCA acts as the appointing authority if stipulated in a contract or upon request. If parties are choosing the neutral themselves, they can select from our list of neutrals, or we can short-list and recommend candidates based on experience and special knowledge. In the case that a specific expertise is required, we may recommend an outside neutral. There are due diligence measures in place before any appointment is confirmed to ensure there are no conflicts of interest.”
What sort of feedback do you receive from Court (i.e. LCA) users?
“I am very encouraged by the positive feedback we receive from users. We are also a membership driven organization, so creating value for them is tremendously important. We plan to have an ADR event on the last Wednesday of every month for the foreseeable future.
“ounger arbitrators have asked for opportunities to gain expertise in arbitration; so we have developed a ‘small claims scheme’ for disputes between 1 to 5 million naira with capped fees, as a strategy to help the juniors gain experience. It’s not entirely innovative but we are delivering it differently from any other organisation. We encourage more young arbitrators to apply to join the panel of neutrals.”
What sort of challenges does the LCA face in a jurisdiction like ours?
We had to overcome some of the negative perceptions associated with having our centre based in Nigeria. We had to prove to both the Nigerian and international community that as a private sector- driven initiative, with specific parameters in place to ensure neutral and enforceable awards, we were a reliable option for dispute resolution services. It’s great to see the responses of people when they first come to visit the ICAA; it really is a massive accomplishment and symbol of pride and progress for the entire legal and business community of Nigeria.
As a non-Nigerian, have you had any challenges of yours running a Nigerian-based arbitration center?
“There may have been mixed feelings initially, but again it’s about changing mindsets. Lagos is a mega-city, and the logic of having a neutral, business-orientated, independent chief executive has played out quite successfully, particularly when addressing negative perceptions about Lagos as a place to work, visit, enjoy and arbitrate!”
Tell us how you feel as a ‘Leading Women in Arbitration?
“It’s a great boost as most women in arbitration stand out because they have garnered a reputation for being particularly hard-working and for producing excellent work. I am really encouraged to see how many women, including myself, that are registering for certification at the Chartered institute of Arbitration, and the number who participate at various events not just in Nigeria but across the world for the development of arbitration.
“I am also encouraged to see that majority of Lagos State High Court judges are women. Indeed, women in the legal sector and more specifically in arbitration are making massive contributions to the development of the practice here in Nigeria and all over the world.”
In closing, Megha spoke of her vision for the LCA…
“I will be very pleased when ADR becomes widely adopted and accepted by the Nigerian/ African business community, and the LCA ICAA is the go-to centre for ADR services in the region. I want the LCA to be the beacon for online dispute resolution services, and to also be in the position to anticipate the demands of business disputes and utilise technology to deliver solutions.
“The LCA is an independent private sector driven international centre for the resolution of commercial disputes by arbitration and other forms of alternative dispute resolution services. In April 2015, the LCA opened its purpose-built ADR centre with dedicated rooms/space for hearings, workshops, meetings, conferences and events.”
Located in the commercial city of Lagos, the Centre provides services to local and international parties; while serving the entire sub-region. The use of internationally recognised arbitrators, modern facilities and the adoption of cutting-edge technology make the LCA one of Africa’s prime arbitration institutions.
In closing, the Executive Secretary/CEO extended a warm welcome to the Nigerian ADR community to use the facilities and services at the LCA.
THEODORA KIO-LAWSON