March 1, 2021
By: James Kamara-Manneh
The Attorney General and Minister of Justice, Anthony Y. Brewah has disclosed that Sierra Leone is now an attractive place for investments and this has been a key priority of the government’s national development plan for 2019-2013, despite the challenges posed by the dreadful Coronavirus Disease.
The Attorney General and Minister of Justice spoke at a workshop on the New York Convention and the Enforcement of Arbitral Awards.
The workshop was organized by the Sierra Leone Bar Association and the Center for International Law and Policy in Africa on 25th February, 2021 at Radisson Blu Hotel in Freetown.
He called on participants to do Justice to the critical issues or questions bordering Sierra Leone.
The AG noted that Sierra Leone recent ascension like most other states recognizes the growing importance of international arbitration as a means of settling international and commercial disputes.
The AG expressed his to be amongst keynote speakers like Chief Justice Desmond Babatunde Edwards, Speaker of the House of Parliament, Hon. Dr. Abass Bundu, Bar Association President, Madam Michaela Eddinia Swallow, Supreme Court Judges and many other Legal Luminaries.
The New York Convention therefore seeks to provide common Legislative standards for the recognition of arbitration, agreements, court recognition and enforcements of foreign and non-domestic arbitral awards.
He maintained that the convention principles seek to ensure foreign and domestic arbitral awards are not discriminated against, rather it obligate parties to ensure that such awards are recognized and genuinely enforced.
He called on members of the Bar to raise critical issues in the workshop. He questioned whether Sierra Leone is well prepared to effectively domesticate and implement the convention and sought to know the status of the draft arbitration Bill whether it will serve its intended purpose.
The Minister applauded the Bar Association that they have made bold move by acceding to the convention as this will open up our Legal practice in the realm of International Law.
“This is the reason why in preparedness of the Country’s ascension the government of Sierra Leone through the Law Reform set up a committee for the review of the Arbitration Act Cap 75 of the Law of S/Leone 1960” he said.
He said the present arbitration Bill of 2019 was reviewed by members of the Judiciary, Legal Practitioners and a member by the Legislative Committee in Parliament. These involve a thorough review of international instrument relating to arbitrational and other relevant documents.
He said the government is pleased that the proposed arbitrational Act will now seek to address a number of issues that were either lacking or not dealt with adequately by CAP 25 of the Laws of Sierra Leone 1960.
“The proposed further seeks to make S/Leone an attractive country for investment, as this is a key priority of the government national development 2019-2023. The proposal also seeks to make arbitration Law and practices, and usable by practitioners by making arbitration an attractive means for both commercial and non-commercial.”
Also contributing, Honorable Chief Justice Desmond Babatunde Edwards said Sierra Leone has made worthy and notable achievements including being a member of the New York Convention.
“On the 26th January 2021, Sierra Leone became the 166th Member of the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards – known as the New York Convention of 1958 after depositing its 3rd Instrument, the instrument of Accession on the 28th October 2020 with the Secretary General of the UN pursuant to Article 12 (2) of the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards and 90 days thereafter it became a member,” he said.
He added: “Sierra Leone being put forward as an attractive place for doing business will not be complete unless and until the New York Convention is domesticated and the Arbitration Bill is made an Act with further and necessary amendments if need be” said Justice Edwards.
He continued by saying that “this act of being a member, Sierra Leone is seen putting forward an attractive place of doing business, a most worthy achievement, as the importance of this convention cannot be overemphasized. It must significantly simplify the enforcement of the awards. It also applies national rules for the recognition of arbitration agreements and enforcement of foreign investments.”
He said the New York Convention cannot be applied to our local courts especially Article 1,2,4,5&6, these are the articles of the New York convention that have significance to how the court can intervene, support, protect and give assistance to arbitration.
Chief Justice Edwards maintained that “Sierra Leone is not a money state, because according to him a money state and international Law do not need to be translated into national law, both laws are one. International Law is treated as part of national law. International can be directly applied by a national Judge and can be directly invoked by citizens as if it were national Law. A judge can declare a national law invalid if it contradicts international law.”
“On the side of dualist”, he emphasized that there is a difference between national and international Law and require translation of international law.
In her welcome address, the Chairperson of the occasion who doubles as President of the Sierra Leone Bar association, Madam Eddinia Swallow, said the workshop brought together national and international stakeholders to share knowledge, experience and best practice.
She said the New York Convention constitutes two fundamental principles which have revolutionized the resolution of dispute with international elements- the enforcement of arbitrational instrument and enforcement of additional Law. She went on to say that more than 150 countries have ratified the convention with huge benefits from tangible investments.
She further described the ceremony as a milestone not only for the Bar Association but also for the CIPLA as they bring together national and international stakeholders to share knowledge, experience and best practice.
SLBA President said the convention encapsulates two fundamental principles of Article 2&5.
Prof. Dr. Charles C. Jalloh – Founding President, CILPA and Professor of Law, in his opening remark stated that this a significant day since the establishment of the organization. He said CILPA is an independent and non-profits think-tank that builds bridges between research, policies and practice in International Law; whether public or private. CILPA is in Sierra Leone to contribute to the development of research and to critical contemporary issues concerning the Act of Law.