The Dispute Brief

Three days. Fifteen sessions. One building in Lagos. This is the final debrief.

Today I take you through the last day of the 10th ICC Africa Conference on International Arbitration - five sessions covering the full range of what African arbitration is facing and where it is going.

We start with PPPs and infrastructure disputes - the Lobito Corridor as a live case study, why dispute boards are resisted and why that resistance is costly, and the contractual versus treaty claim analysis that every practitioner advising on cross-border investments needs to understand before pulling any triggers.

Then geopolitics. Matthew Weiniger KC of Linklaters explains how Russia's anti-suit injunction legislation is creating parallel proceedings in two jurisdictions that no longer recognise each other's authority - and what that means for how you draft arbitration clauses today. Pierre Daureu identifies five specific ways sanctions are entering arbitration proceedings from commencement to enforcement. And Leyou Tameru makes the case for Africa's neutrality as a genuine commercial opportunity - on a twenty to thirty year timeline.

Then AI. Fabian Ajogwu SAN says we are in the era of pretence and it will expire. Inemesit Dike says something I have not heard said in a professional arbitration context before - about AI bias against the African market and the female gender, and whose responsibility it is to fix it. Noella Lubano reports from Kenya, where courts have already issued judgments setting aside AI-generated legal submissions.

Then the 2026 ICC Rules - from the people who wrote them. Isaiah Bozimo SAN, Živa Filipič, Funmi Roberts, and Claudia Salomon on what actually changes, what it means for Nigerian practitioners, and why Claudia frames the whole revision as a push toward access to justice.

And I close with the mock court session on cost allocation - and an honest account of what I can and cannot tell you about it.

This is the last of three episodes from inside the conference. The Dispute Brief returns to the regular Season 2 schedule next Thursday.

Day one of the main conference. Lagos. Six sessions, six panels, six completely different conversations - and somehow, by the end of it, they all connected.

In this debrief I take you through the full day at the 10th ICC Africa Conference on International Arbitration. We start with the ICC Court President in conversation with two Nigerian energy executives - and the line about trees that framed everything that followed. We move to the bench, where four African judges gave honest accounts of what their courts are actually doing with arbitration - including a Ghana story that stopped the room.

Then I tell you about the session I cannot report on - and why that matters for every English-speaking African practitioner who has ever sat in a room where the conversation was happening in a language they could not follow.

After that: expedited arbitration nine years on, the new highly expedited procedure that delivers awards in three months, and the uncomfortable question about whether traditional arbitration will still exist in its current form in ten years. Then the professional standing session - Dorothy Ufot SAN tells the story of how she walked into a CIArb examination she knew nothing about in 1999, and what happened next. And we close on digital economy disputes, where in-house counsel from Interswitch and MTN Nigeria tell you what dispute resolution actually looks like when USD 2 billion worth of airtime disappears in an hour.

This is a long one. It earns the length.

I spent today at the ICC Institute of World Business Law Advanced Training on Drafting Enforceable Awards in Lagos - and I am bringing everything back to you.

In this debrief, I cover what the sessions taught about drafting style, the civil law versus common law divide, and the six building blocks every award must contain. I go deep on the sections practitioners get wrong most often - jurisdiction, damages, interest, and costs - including a real example of a Nigerian enforcement attempt that failed because three words were missing from the award.

I also take you inside the ICC scrutiny process in a way most practitioners never get to see, and walk you through a mock court session where our working group tore apart a defective draft award line by line.

If you draft awards, appear before tribunals, or advise clients who need those awards enforced - this episode is for you.

In this Season 1 finale, Augusta Shahin breaks down interim measures in arbitration and explains why success is not just about getting the order, but about whether the order arrives in time, can be enforced, and actually changes the risk. With a practical Nigeria-based lens, this episode looks at tribunal relief, court support, emergency arbitration, enforcement, and the strategic gaps that can make urgent relief ineffective. Relevant for arbitrators, mediators, counsel, in-house teams, and government lawyers.

In this episode of The Dispute Brief, Augusta Shahin breaks down bilateral investment treaties, or BITs, in clear practical terms. She explains what BITs actually protect, what they do not protect, and why that matters for arbitrators, mediators, in-house counsel, government lawyers, policy actors, and commercial lawyers working around cross-border investment and regulated sectors.

The episode looks at the difference between contract rights and treaty rights, the core protections often found in BITs, and how disputes in energy, infrastructure, licensing, tax, foreign exchange, stabilization, and regulatory change can move from ordinary commercial disagreement into treaty territory.

If you work around dispute risk, public regulation, or investment-facing projects, this episode gives you a sharper way to think about where commercial issues end and treaty exposure begins.

Most online dispute resolution efforts stumble because they neglect one critical factor: process design. In Nigeria, where the law is supportive but practice still lags, simply moving hearings online can turn efficiency into chaos and risk undermining justice.

Augusta Shahin breaks down precisely what makes online dispute resolution work in Nigeria and what sinks it. You'll discover how legal frameworks support remote arbitration and mediation but fall short without the right structure. She reveals the real challenge isn’t the law; it's creating a process that ensures fairness, security, and credibility in a digital environment.

We break down:

• The legal nuances of online proceedings under Nigeria’s Arbitration and Mediation Act 2023
• Practical limits of online hearings: connectivity, witness control, cybersecurity
• The key functions that succeed online: case management, mediations, electronic filings
• Critical pitfalls like credibility issues in witness evidence and infrastructure gaps
• A proven checklist for designing effective online dispute resolution processes, from platform protocols to hybrid hearings

Why does this matter? Because ignoring these nuances risks turning online arbitration into a legal minefield. Yet, with proper structure, Nigeria can harness the true potential of digital dispute resolution; saving time, costs, and opening cross-border opportunities.

Perfect for dispute resolution professionals, legal practitioners, and arbitrators aiming to future-proof their practices. If you want to turn online disputes into real outcomes, this episode makes the case that success hinges on process, not just technology.

Let Augusta guide you through building resilient, fair, and efficient online arbitration in Nigeria and beyond.

A compelling arbitral award isn't just about winning on the merits, it's about crafting a decision that can stand up to legal challenges long after the hearing ends. But what makes some awards resilient while others falter under scrutiny?
In this episode of The Dispute Brief, Augusta Shahin unveils the secrets behind drafting awards that are built to withstand setting aside motions and enforcement battles in Nigeria’s courts. She breaks down the critical elements of durable awards; jurisdiction, fairness, and reasoning, and explains how overlooking these can open the door to delays, costs, and ultimately, invalidation.
You'll discover:

• Why clear jurisdictional grounds and proper tribunal constitution are non-negotiable for survival
• How procedural fairness and structured analysis serve as a shield against challenge
• The importance of transparent reasoning and specific reliefs to enforceability
• Common pitfalls like addressing issues beyond the scope or lacking clarity on damages and costs

This episode isn’t just theoretical, Augusta shares practical insights and a straightforward checklist for drafting awards that validate your arbitration strategy. Enforceability and challenge-resistance depend on meticulous record-keeping, disciplined structure, and clear articulation; skills every arbitrator and legal practitioner must master.
If you’re involved in arbitration or enforcement in Nigeria, mastering these principles can mean the difference between a victorious award and a costly defeat.
Listen now to elevate your arbitration practice with strategies proven to help your awards survive the toughest legal tests.
Augusta Shahin is an arbitration and mediation specialist focused on Nigerian dispute resolution, bringing practical, real-world insights to complex legal questions.
This episode is essential for arbitrators, lawyers, and corporate counsel seeking to strengthen their awards from the outset because a decision that can withstand challenge is a decision worth making.
Why settle for winning the case if your award can’t survive in court? Hit play and learn how to craft resilient arbitral awards that stand the test of time and challenge.

Most infrastructure disputes don’t start in court they begin the moment a project veers off course. Whether it's a delayed payment, a vague contract clause, or a change in scope, these early signals quietly ignite the conflicts that can balloon into costly arbitration. If you work in energy, construction, or infrastructure, missing these signals means risking months of legal battles and billions in damages.

In this episode, Augusta Shahin zeroes in on the often-overlooked origins of infrastructure disputes. She reveals how small issues; scope disagreements, informal variations, payment delays, and poor record-keeping set the stage for large-scale conflicts. You’ll discover why tracking early changes, documenting everything diligently, and following contractual procedures isn’t just good practice, it’s the key to controlling project outcomes before disputes escalate.

We break down actionable insights: the importance of locking project scope early, confirming variations in writing, managing payment timelines carefully, and maintaining meticulous records from day one. Augusta shares a proven checklist to prevent disagreements from spiraling into arbitration, highlighting how the earliest documentation and proactive communication give project teams a strategic advantage.

Why does this matter? Because in the high-stakes world of infrastructure and energy projects, small missteps in the first 30 days can determine who wins or loses in court. The opportunity lies in mastering early dispute prevention; saving time, money, and reputation. Recognising the signals and acting decisively can turn potential legal battles into simple project management wins.

This episode is essential listening if you’re a project professional, legal advisor, or contractor seeking to de-risk complex infrastructure projects. By understanding where disputes originate, you gain the power to prevent them before they even start. Tune in to transform the way you manage risk and keep your projects on track.

This special episode explores the evolving role of women in arbitration and mediation, emphasising how diversity impacts not just fairness but the legitimacy and credibility of dispute resolution systems.

Augusta Shahin guides us through the systemic barriers and opportunities, highlighting the importance of trust, recognition, and systemic change on International Women’s Day.

Key topics:

• The increasing visibility and influence of women in mediation and arbitration across Africa
• How appointment practices shape gender diversity and the 'first appointment' barrier
• The crucial role of trust and reputation in ADR, and how diversity enhances systemic legitimacy
• The difference between mediation’s openness and arbitration’s repeat appointment culture
• The importance of diversity in strengthening confidence and legitimacy in dispute resolution systems
• The pipeline of qualified women professionals across Africa and ongoing challenges
• How professional networks and institutions are fostering the next generation of women arbitrators and mediators
• The importance of broadening who is trusted to resolve disputes for the evolution of ADR

Timestamps: 

00:00 - Who gets trusted to resolve disputes? An introduction to the role of trust in ADR
00:30 - The quiet shift of women into dispute resolution roles and why it matters
01:00 - The systemic impact of who is appointed to arbitration tribunals
01:29 - How women are shaping ADR practice across different regions in Africa
02:18 - The changing landscape of arbitration and diversity initiatives
02:43 - The story of gender diversity in Southern, East, West, and North Africa
03:40 - Prominent women practitioners contributing to dispute resolution development
04:35 - The 'first appointment problem' and the pipeline of qualified women
05:05 - Appointment patterns and the challenge of breaking into repeat appointment cycles
05:38 - How mediation fosters opportunities for new entrants, especially women
06:07 - The connection between diversity, trust, and the legitimacy of ADR systems
06:37 - Progress and ongoing challenges in appointments and representation
07:05 - The influence of reputation, skill, and trust over formal appointment processes
07:33 - The systemic difficulty for women in breaking into arbitration networks
07:59 - Mediation’s role in opening pathways for women in dispute resolution
08:28 - How trust in ADR is rooted in diverse and competent practitioners
08:56 - Visibility and legitimacy — why representation increases confidence in ADR systems
09:20 - The challenge of appointment decisions and the role of professional trust
09:39 - Progress made in diversity and the importance of appointment choices
09:59 - The pivotal role of trust and reputation in shaping the future of ADR
10:25 - Broader implications for how dispute resolution can be more inclusive and representative
10:55 - Final thoughts: the real question is how to broaden trust beyond familiar networks
11:16 - Closing remarks and call to action for sharing and deepening the conversation

Links:

Connect with Augusta Shahin: https://www.linkedin.com/in/augusta-shahin-40346a103?utm_source=share&utm_campaign=share_via&utm_content=profile&utm_medium=ios_app

This episode demonstrates that advancing diversity in dispute resolution is more than fairness; it’s about strengthening the entire system's legitimacy and resilience. The conversation continues to evolve, and the key question remains: how will we broaden the trusted circle to truly reflect the communities we serve?

Understanding how to choose the right arbitrator can make or break an entire dispute resolution process, and yet, it’s a decision many overlook until it’s too late. In this episode of The Dispute Brief, Augusta Shahin reveals the critical, often underestimated factors that determine whether arbitration runs smoothly or descends into delay and chaos. If you’re involved in complex disputes; energy, infrastructure, finance, you’ll learn how to make smarter selections that lead to clearer awards, faster resolutions, and greater confidence in enforcement.

Most lawyers focus on reputation and legal brilliance when nominating arbitrators, but Augusta explains why these are only part of the story. Successful practitioners prioritise case management skills, style, availability, and tribunal dynamics; elements that influence efficiency and fairness long after the initial selection. She highlights key warning signs of problematic arbitrators: chronic delays, procedural passivity, over-identification with a party, and poor award-writing. Recognising these red flags beforehand saves time, reduces costs, and protects your credibility.

In addition, Augusta breaks down a practical framework for evaluating arbitrators systematically: subject matter expertise, procedural style, availability, independence, award quality, and tribunal compatibility. This isn’t just about ticking boxes; it’s about making a strategic decision aligned with your dispute’s specific needs. A well-chosen arbitrator can transform a difficult case into a manageable, efficient process and that’s what every serious legal professional should aim for.

Perfect for arbitration practitioners, in-house counsel, and anyone navigating complex disputes, this episode arms you with clear criteria and insight to elevate your arbitration game. Because when you select the right arbitrator, you’re investing in a dispute resolution that’s efficient, fair, and enforceable every time.