1. Invest Wisey, Consider Arbitration Under KIAC

2. STANDARD AND SUGGESTED ARBITRATION CLAUSE FOR CONTRACTS
Future Disputes
Existing Disputes
Note — Parties should consider adding:
(a) The number of arbitrators shall be ... (one or three);
(b) The seat or legal place of arbitration shall be ... (town and country);
(c) The language to be used in the arbitral proceedings shall be...
Any dispute arising out of or in connection with this contract, including any question
regarding its validity or termination shall be referred to and finally resolved by arbitra-
tion under KIAC Rules
A dispute having arisen between the parties concerning (……..), the parties hereby
agree that the dispute shall be referred to and finally resolved by arbitration under KIAC
Rules
STANDARD AND SUGGESTED MEDIATION CLAUSE FOR CONTRACTS
SUGGESTED CLAUSE FOR MEDIATION FOLLOWED BY ARBITRATION
Future Disputes
Existing Disputes
Any dispute, controversy or claim out of or in relation to this contract, including the validity,
invalidity, breach or termination thereof, shall be submitted to mediation in accordance with
the KIAC Mediation Rules in force on the date when the request for mediation is submitted.
“The undersigned parties hereby agree to submit to mediation in accordance with the KIAC
Mediation Rules the following dispute [brief description of the dispute].
The seat of the mediation shall be KIAC unless (the parties agree otherwise), although
meetings may be held in...[Specify place].
The Language of the proceedings shall be.... [Specify language].
Any dispute, controversy or claim out of or in relation to this contract, including the validity,
invalidity, breach or termination thereof, shall be submitted to mediation in accordance with
the Kigali International Arbitration Centre Mediation Rules in force on the date when the
request for mediation is submitted in accordance with these Rules
If such dispute, controversy or claim has not been fully resolved by mediation within one
month from the appointment or the confirmation of the Mediator, it shall be settled by arbitra-
tion in accordance with the Kigali International Arbitration Rules.
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P.O. Box 695
Kigali, Rwanda
T. +250 788 408 210
+250 788 758 533
E. info@kiac.org.rw
W. www.kiac.org.rw

3. Official Launch on May 31st
2012Kigali International Arbitration Centre

4. KIAC PROFILE
Members and Structure
Services and Procedures
Vision
To be the regional choice for commercial dispute resolution
Mission
For more information please visit our website on
Promoting Arbitration as an efficient, friendly and private dispute resolution mechanism
acknowledged by the business community.
The Centre has a governance Board comprised of seven (7) members appointed by the
Private Sector Federation from professional associations and international members with
knowledge and practice in arbitration and alternative dispute resolution. The Board of
Directors (BOD) is advised by an International Advisory Board comprised of renowned
international arbitrators.
For the day to day management, the Centre has a Secretariat led by the Secretary General,
Mrs. Uwicyeza Bernadette, appointed by the Board of Directors, with a support team com-
prised of the Registrar in charge of case management and other staff.
KIAC administers cases under KIAC arbitration Rules and UNCITRAL Arbitration Rules.
Parties may agree in part or wholly KIAC arbitration rules, a modern set of rules consistent
with international best practices and covering all aspects of the arbitral proceedings. Arbi-
tration services under KIAC are very cost effective with a schedule of fees allowing the
costs of KIAC arbitrations to be kept in line with the size and the complexity of the cases
referred to the Centre.
KIAC boasts of world wide panel of experienced, credible international arbitrators and a
panel of domestic arbitrators. Parties to KIAC arbitrations are free to nominate their arbitra-
tors, subject to confirmation by the Centre in accordance with the KIAC Rules. Party nomi-
nated arbitrators do not need to be listed on KIAC’s Panels. When KIAC is called upon to
appoint an arbitrator, it does so primarily from one of its panels. The Centre is committed
to providing high quality logistical support to its users for the organization of the hearings
in Kigali; provision of suitable rooms, secretarial and catering services.
www.kiac.org.rw
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TABLE OF CONTENTS
KIAC Profile........................................................................................................................................................... 1
i
2
3
4
5
5
5
5
7
7
10
11
12
12
12
13
14
14
14
14
14
14
15
15
16
16
12
Message from the Chairman Board of Directors....................................................................................
From the Desk of the Secretary General...................................................................................................
1. Awareness and Marketing of the Centre..............................................................................................
1.1. Seminars with Professional Associations........................................................................................
Golden moments captured during seminars with Professional associations.............................
1.2. Media Campaigns and promotion.....................................................................................................
1.3. Media Workshop......................................................................................................................................
1.4. Countryside Road show.......................................................................................................................
1.5. Newsletters and Magazine Supplements Stories.......................................................................
1.6. Regional Workshop on Arbitration.................................................................................................
1.7. Regional and International marketing and awareness............................................................
2. Arbitration and mediation skills development................................................................................
2.1. Constitution of Panels of Domestic and International Arbitrators...................................
2.2. Training and accreditation of Local professionals...................................................................
2.3. Training of Judges in cooperation with the Judiciary............................................................
Golden Moments during the KIAC Arbitration and Mediation Skills development..................
3. Institutional Development........................................................................................................................
3.1. Mobilizing Funds.....................................................................................................................................
3.2. Improving the legal and Institutional Framework of Arbitration........................................
3.2.1. A provisional draft Bill amending the Law governing Arbitration...........................
3.2.2. Development of arbitration practice notes and Notes to arbitrators...................
3.2.3. Editing of a handbook on the new Law Governing contracts in Rwanda...........
3.3. Staffing......................................................................................................................................................
3.4. Case Administration and management........................................................................................
4. Lessons Learnt...............................................................................................................................................
5. Conclusion.......................................................................................................................................................
KIAC Standard clauses for contracts...........................................................................................................

5. Bernadette UWICYEZA
MESSAGE FROM THE DESK OF THE SECRETARY GENERAL
Welcome to the inaugural edition of the Kigali International
Arbitration Centre’s (KIAC) annual report 2012 - 2013. It gives an
account of how we have effectively promoted Arbitration as an
efficient, friendly and private dispute resolution mechanism
acknowledged by the business community. As we celebrate our
First anniversary, I am proud in the commendable progress
made in Rwanda.
Our primary focus was to conduct intensive awareness campaigns to make the Centre and
its services well known. We were able to meet and network with our stakeholders among
current and potential users with the aim of bringing them on board to use and practice arbi-
tration. The highlight of this year was the inaugural regional conference on arbitration
organised in May 2013 to mark the first anniversary of KIAC. The event attracted speakers
and participants from 10 countries. While there has been an increase in awareness on prac-
tice of arbitration, institutional arbitration continues to lag behind. Despite this hiccup, we
are proud to have recorded some cases that have been filed with the centre, yet elsewhere,
for a newly established centre, it takes a minimum of three years to register the first case.
This is a landmark in itself.
Training of professionals is the best way to develop the culture of arbitration as well as
improving their skills in arbitration. KIAC embarked on accelerated training programs that
were successfully implemented. Over 250 professionals followed the training programs
leading to accreditation in Arbitration by the Chartered Institute of Arbitration (CIArb)
based in UK through their Nigeria branch and Mediation by Center for Effective Dispute
Resolution (CEDR - UK).
The promotion of arbitration requires a much more pro-arbitration legal and institutional
framework. It is in this regard that a provisional draft Bill amending the 2008 law governing
arbitration in Commercial matters was prepared and submitted to the Ministry of Justice for
cabinet process.
Arguably, the most valuable output from the efforts sowed this year is the wealth of import-
ant lessons learnt which will guide the Centre’s preparation of a strategic plan that will be
developed in 2014. I am pleased with our initial progress and excited about our future. I
would like to formally note my thanks to all our stakeholders that have been with us on this
exciting year, we look forward to your continued support.
Secretary General, KIAC
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Faustin MBUNDU
MESSAGE FROM THE CHAIRMAN BOARD OF DIRECTORS
Established under the auspices of the Rwanda Private Sector
Federation (PSF) with the support of the Government of
Rwanda, Kigali International Arbitration Centre was launched
officially in May 2012 with a mandate to help economic operators
to resolve their disputes without going to Courts and promote
the use of international Arbitration as an integral part of good
business practice in the region.
Chairman Board of Directors
As the chairman Board of Directors, it has been a great privilege to oversee the evolution
and growth of the Centre from paper to a fully-fledged operational Centre during its first
year. It was indeed an exceptional year with numerous milestones recorded.
Africa is the second fastest growing region in the world with nine out of the fifteen coun-
tries with the highest rate of economic growth. The EAC region’s total trade with the rest of
the world doubled between 2005 and 2010, rising from 17.5 billion dollars to 37 billion
dollars, FDI also rose from 683 million dollars in 2005 to 1.7 billion dollars in 2011. Rwanda
had 8.8 GDP growth in the past five years and is now targeting an annual growth of 11.5.
Considering this economic growth in Rwanda and other African countries, there is a need
for well resourced and credible institutions to preside over dispute resolution through arbi-
tration and ADR in general. KIAC is committed to contributing in making this a reality, by
building on what Rwanda can offer; lowest rate crime in Africa, political stability, good gov-
ernance, easy access as a flight destination and visa facilities.
I take this opportunity to thank the Government of Rwanda that has been very supportive
in ensuring that the centre is established and operational. I wish to particularly recognize
the good collaboration and cooperation with the Judiciary of Rwanda in joint efforts to
promote the use of arbitration, the strong partnership the centre enjoys with the Private
Sector and development partners like Investment Climate Facility for Africa (ICF) support-
ing the operationalization of the Centre.
We recognize and commend the professionalism and commitment shown by BOD Mem-
bers through their Committees, members of the Steering Committee for the Alternative
Dispute Resolution Project (ADRP), which has laid the groundwork for notable success.
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6. INTRODUCTION
1. AWARENESS AND MARKETING OF THE CENTRE
Over the years, Rwanda has continued to make considerable improvement in the invest-
ment climate and this has not only driven the growth of the private sector but also posi-
tioned the country as an ideal investment destination. Consequently, both domestic and
cross border deals have increased, with an emerging need to use arbitration and other
friendly ways of commercial disputes resolution.
Until the establishment of the Kigali International Arbitration Centre (KIAC), there was no
formal mechanism for amicable dispute resolution. The Centre’s objective is to therefore
supplement efforts undertaken by the Judiciary and to provide time saving and cost effec-
tive means of settling disputes to the business community, public institutions and people
from the region. This will improve contract enforcement and ultimately increase Investors’
confidence in Rwanda.
In order to achieve this mandate, KIAC management focus is on the following key strategic
objectives: (1) Awareness campaigns including an outreach program for the promotion of
the use of KIAC at national, regional and international level; (2) Securing a suitable location
for arbitration services and promotion of ADR in Rwanda; (3) Capacity building and
knowledge sharing through training and certification of domestic arbitrators & mediators as
well as conference/seminars and study visit; (4) Engaging key stakeholders particularly,
those playing a key role in creating a conducive environment for arbitration, (5) Promote
Kigali as a seat of arbitration and develop partnership with other similar institutions.
This annual report highlights the achievements registered for the financial year starting
from July 2012-June 2013, as per the above objectives.
The all year round intensive awareness campaigns kept the centre busy. From conducting
communication and ADR perception baseline survey to conducting seminars and work-
shops with various stakeholders and rolling out of aggressive media campaign and promo-
tions, the centre has achieved a lot in terms of visibility at national, regional and internation-
al level.
at Lemigo Hotel on 25th
, February 2013
The Secretary General engaging lawyers,
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Media practitioners participating at
a half day workshop on arbitration,
Lemigo hotel on March 14th
2013.
1.1 Seminars with Professional Associations
To increase stakeholder’s knowledge and understanding about Arbitration as an efficient,
friendly and private dispute resolution mechanism acknowledged by the business commu-
nity, a series of targeted seminars were conducted in form of breakfast meetings/dinners
with members of different professional associations within chambers of the Rwanda Private
Sector Federation.
The seminars were a platform for KIAC to discuss with CEOs and management executives
on the advantages of using institutional arbitration, the process of filing disputes with KIAC,
their role as professionals in adopting arbitration practice and ADR in general, and under-
standing the challenges they face. The members were also sensitized on the need to enrol
in the KIAC capacity building initiative leading to accreditation thus enhancing their under-
standing on arbitration and other ADR mechanisms.
1.2 Media workshop
Media plays a great role in educating the public, through consistent reporting and cover-
age. KIAC organized a half day workshop to orient media practitioners on the concept of
arbitration. Over 40 media practitioners participated and were awarded certificates.
1.3 Media campaigns and promotion
KIAC engaged in several awareness campaigns on Television, Radios and press. This is one
of the most effective platforms for sensitization reaching out to diverse audiences and
stakeholders countrywide. Documentaries were produced and diffused on Rwanda Televi-
sion and other radios with high listenership like Radio Rwanda, Radio Isango Star. Media
partners were always kept informed on KIAC activities through press conferences and
press releases in a proactive manner.
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7. Golden moments captured during seminars with Professional associations
KIAC Chairman Board of Directors Mbundu (L), former Chair of
bankers association Kayonga (C), Access Bank MD Karayenzi (R),
during the meeting with members of Bankers’ Association
at Serena hotel on March 12th
2013.
Members of the Bankers Association attentively following
the Secretary General on 12th
March 2013.
Seminar with the representatives of the Mining Association
on 21st
February 2013.
Meeting with members of the Construction Association
on 28th
February 2013.
KIAC Registrar during the meeting with members of the Engineering
and Architects Associations on 25th
February 2013
The Mining Association Chairman, Malik Kalima and
the Secretary General during the meeting with members
of the Mining association on 21st
February 2013.
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1.4 Countryside road show
A countrywide road show was conducted in partnership with the Private Sector Federation.
This was among the Centre’s proactive way of conducting awareness campaigns among
stakeholders at national level in all the five regions of the country. Over 1200 business com-
munity members and their representatives attended the road shows.
1.5 Newsletters and magazine supplements stories
In order to increase KIAC’s visibility and share information with a range of stakeholders, a
quarterly online newsletter was developed and is sent to an email database of stakeholders.
The e-newsletter is stored on the website for retrieval by visitors. Positive feedback has
been received. A quarterly supplement has been published in the Rwandair Inflight Maga-
zine - Inzozi, which targets regional and international business stakeholders. This kept them
informed about KIAC activities.
A cross section of some of the participants during the question and answer
sessions at the meetings with professional associations
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8. Newsletters and Magazine Supplement Stories
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KIAC in the News
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9. 1.6 Regional workshop on Arbitration
To mark its first anniversary, from 24th to 25th May 2013, KIAC hosted its inaugural regional
workshop on arbitration under the theme “Arbitration in East African Community: From
Law to Practice”. It was graced by around 10 renowned speakers from Europe, EAC and
West Africa.
Participants were able to share their insights and expertise on the development and prac-
tice of international commercial arbitration in the region and around the world. It was
attended by around 100 leading professionals, judges and arbitrators. The insight of arbitra-
tion practice in the region will help practitioners in electing a seat within the region. In addi-
tion, the event was used by the KIAC Secretariat staff to be mentored by selected speakers
conversant in various areas of arbitration.
Opening ceremony by the Rwanda Chief Justice His Lordship Prof. Sam Rugege (center),
KIAC Secretary General Ms. Bernadette Uwicyeza (left) and key note speaker Mr. SHASORE SAN Olasupo (Right)
The speakers, in order of
appearence from left to right
are Thierry Ngoga (Rwanda),
Willy Rubeya (Burundi), Prof.
Albert Jan Van Den Berg
(Belgium), Shasore San
Olasupo (Nigeria), Dr. Sinare
Hawa (Tanzania), KIAC
Secretary General
Bernadette Uwicyeza
(Rwanda), Chief Justice of
Rwanda His Lordship Prof.
Sam Rugege, Muyanja Jimmy
(Uganda),
Remy Gerbay(UK), Dele
Belgore (Nigeria), Justice
Kiryabwire Geoffrey
(Uganda), Dr Muigua Kariuki
(Kenya), and Kakai Kissinger
(Kenya)
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1.7 Regional and international marketing and awareness
SUMMARY OF THE LEARNING AND KNOWLEDGE SHARING TRIPS MADE BY KIAC EXECUTIVE
KIAC as a starting Centre needs to build its profile through international events related to
ADR, lawyers’ gatherings and also learn from established Centres and similar institutions. It
is in this spirit that KIAC executive attended conferences and organised learning trips to
selected institutions in Africa and Europe. The progressive lessons learnt will be used to
continue shaping KIAC’s strategy.
Study visit to Arbitration
& Mediation Institutions
International Bar
Association-AFRICA
REGIONAL FORUM 2012
East Africa Law Society
Conference & General
Meetings
Study visit to Arbitration
& Mediation Institutions
Mauritius International
Arbitration Conference
Study visit to Arbitration
& Mediation Institutions
in Uganda, Kenya and
Nigeria
ICF knowledge sharing
workshop in project
Management and accounting
ICC First Annual Conference:
“INTERNATIONAL
ARBITRATION IN THE MIDDLE
EAST AND NORTH AFRICA
(MENA)”
Commonwealth Lawyers
Conference 2013
Fast Track Mediation
Skills training
Institutions visited include International Centre for
Settlement of Investment Dispute (ICSID-Paris),
Belgium Arbitration Centre - CEPANI, ICC-
International Court of Arbitration, Centre de
Mediation et d’Arbitrage de Paris (CMAP) and two
Law firms.
KIAC was invited to make a presentation on the
Rise of arbitration centres in Africa.
In this conference, KIAC used the opportunity to
exhibit and showcase its services to the partici-
pants.
Institutions visited include the London Court of
International Arbitration (LCIA), Centre for
Effective Disputes Resolution (CEDR), Internation-
al Disputes resolution Centre, Chartered Institute
of Arbitrators (HQ-London),
the Society of England & Wales and the Rwanda
High Commission.
A part from attending the conference, the delega-
tion also visited the High Court and Mauritius
Chamber of Commerce and Industry.
KIAC delegates met with the Centre for Arbitration
and Dispute Resolution, the commercial High court
in Uganda, the Chartered Institute of Arbitrators
(Kenya), the Law Society of Kenya, and lawyers/ar-
bitrators. Society of Kenya, and lawyers/arbitrators.
In Lagos, focus was on CIArb-Nigeria branch, to
discuss the partnership with them on the arbitration
capacity building program for Rwanda. They also
visited the high Court of Lagos, the ADR multi door
court, Lagos Court of arbitration.
This is a learning sharing event organized annually
by Investment Climate Facility for Africa for
project Managers to lean and share with one
another on their experience with the implementa-
tion of ICF projects.
This Forum helps KIAC to network with commer-
cial lawyers from different parts of the world.
This forum helped KIAC executive to understand
general trends in commercial arbitration and
privatization of Justice.
This training helped provide insight on how the
Centre will organise the mediation training in
Kigali.
Paris & Brussels
18th
- 20th
July 2012
Kampala - Uganda
9th
- 10th
August
2012
Kampala - Uganda,
16th
- 17th
Nov 2012
London - UK
3rd
- 8th
Dec 2012
Mauritius
9th
- 12th
Dec 2012
Kampala - Uganda
19th
- 20th
Feb 2013
Nairobi - Kenya
22nd
- 23rd
Feb 2013
Lagos - Nigeria
06th
- 09th
Mar 2013
Johannesburg -
South Africa
27th
Feb, 1st
Mar 2013
Dubai
15th
- 17th
April 2013
Cape town -
South Africa
14th
- 18th
April 2013
London - UK
5th
- 11th
June 2013
TITLE OF THE TRIP DATE AND VENUE OBSERVATIONS
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10. 2.2 Training and Accreditation of local professionals
2.1 Constitution of panels of international and domestic Arbitrators
A call for application was circulated to all CEOS of Law Societies and Panellists of other
International Arbitration Centres for an application to be on KIAC Panel of International
Arbitrators. 44 applications were received and 34 international Arbitrators from 11 countries
meeting KIAC criteria were selected and admitted to the panel of international arbitrators
made available to KIAC Website.
A call for application was circulated to professionals in Rwanda and the Region for
admission to the KIAC panel of domestic arbitrators. Only 30 applicants meeting KIAC
criteria were admitted in September 2012 on the KIAC panel of Domestic Arbitrators made
available on KIAC Website.
In order to create local capacity and promote a culture of arbitration and ADR in general, it
was very important, for this first year, to invest in capacity building programs to improve
the skills of practitioners of ADR Services. The initial target was to train for accreditation at
least 250 professionals in arbitration. Of the 250 professionals that attended the Entry
course in arbitration leading to Associate member of CIArb, 187 passed the test and were
accredited. Those that successfully passed are now eligible to be on the KIAC domestic
panel of arbitrators and enrol for the second level leading to Member CIArb. Those partici-
pants were from various professions (Lawyers, accountants, Engineers and Architects,
members of the Judiciary and procurement officers). Worth noting is that some profession-
als from Uganda, Kenya, and Burundi attended this program.
In the course of the year, the Centre organised training for around 22 professionals in
Commercial Mediation Skills leading to accreditation by the Centre for Effective Dispute
Resolution (CEDR-UK). 20 of them successfully passed and are now CEDR accredited
mediators.
2.3 Training of judges in cooperation with the judiciary
Since Judges play a key Role in promoting arbitration by enforcing Arbitration Agreements,
as well as supporting the arbitration process and enforcing arbitral awards, KIAC organised
two training sessions for around 50 Senior Judges mainly from the Supreme Court, High
court, the High Court of Commerce and Commercial courts. The first session focused on the
Legal and Institutional framework of Arbitration and the second one on the Entry course in
international arbitration that was delivered to professionals to ensure that legal profession-
als have a common understanding of the concept and practice of arbitration .
2. ARBITRATION AND MEDIATION SKILLS DEVELOPMENT
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Golden moments captured during the KIAC Arbitration and Mediation
skills development
The Chief Justice of Rwanda Prof. Sam Rugege opening the two days
international arbitration entry course for members of the Judiciary,
provided by the Chartered Institute of Arbitrator, March 2013
Senior Judges during the two days international arbitration
entry course provided by the Chartered Institute of
Arbitrator, March 2013
Professionals ( Lawyers, Engineers, architects, bankers...etc)
following the Chartered Institute of Arbitrators Entry course
in Arbitration leading to CIArb accreditation (March 2013)
Participants following a training in commercial mediation skills
leading to CEDR accredited mediators by CEDR (London) at
Lemigo Hotel, June 2013
The Secretary General briefing senior Judges on the pro-arbitration
content of the provisional draft Bill revising the 2008 Rwandan
Arbitration Law
Anne Abeja-Muhwezi (far left) and Bushara Joanita (Center)
are some of the regional participants that followed the Entry
course in arbitration leading to CIArb accreditation (March 2013)
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11. 3.3 Staffing
3.4 Case Administration and Management
In January 2012, the Centre took on the services of the Secretary General and the Registrar
while an Administrative Assistant was recruited in April 2012. Other additional staff recruit-
ed include an accountant, a driver and two consultants ( a Communication and marketing
Specialist and a procurement expert ) recruited in the course of the year. The KIAC Secre-
tariat is now comprised of seven staff. In order to promote skills development, KIAC intro-
duced an internship approach where three interns have got the opportunity to practice
their internship at the Centre.
Mindful that the concept of Institutional Arbitration is fairly new in Rwanda,for the inaugural
year, KIAC played mainly an advisory role to help users to understand all the requirements
for using KIAC arbitration clauses and filing with the Centre. We are so glad to report that
around 20 cases were submitted to the Centre and five cases have been accepted for filing
with KIAC, since April 2013. We consider the cases a major milestone since it usually takes
a minimum of three years for any newly established centre to register cases. We recognise
that there is need to strengthen mechanisms for the active practice of arbitration among
our stakeholders and we shall endeavour to double our efforts in sensitizing them on the
advantages of arbitration under KIAC and ADR in general.
KIAC Staff in order of appearance from left to right are Janvier (Driver), Innocent (Procurement Specialist),
Annick (accountant), Thierry ( Registrar), Bernadette (SG), Christine (Administrative Assistant) and Annette
(Communication and Marketing Specialist)
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3.1 Mobilising funds
The Government of Rwanda and ICF ( Investment Climate Facility for Africa) signed on
24th
October 2012 an agreement to finance the Alternative Dispute Resolution Project
(ADRP) with an aim to complement efforts by the Judiciary in consolidating contract
enforcement gains made under the commercial justice reforms . The project supports the
operationalization of the Centre; the development of a pool of professionals in arbitration
and mediation and the promotion of arbitration and other ADR mechanisms in Rwanda.
The ICF contribution is dedicated towards programs focusing mainly on the operationaliza-
tion of the Centre, skills development for professionals practicing arbitration and mediation
as well as awareness and marketing of the Centre and its services, while the counterpart
funding from PSF and KIAC was used for other operational and management costs.
The Alternative Dispute Resolution Project must be implemented in two years from
October 2012 to September 2014.
3.2 Improving the legal and institutional framework of Arbitration
3.2.1 A Provisional Draft Bill amending the law governing Arbitration
A provisional draft Bill revising the 2008 Law governing arbitration in Rwanda and a conse-
quential amendment to the law establishing the Centre were prepared and submitted to the
Attorney General Office for approval and Cabinet process.
The review of the 2008 Law Governing Arbitration in commercial matters was proposed in
order to improve the adaptation of the UNCITRAL Model Law to the Rwandan Context,
particularly on the issue of competent Courts to enforce arbitral awards but also to fill the
gap created by the removal of the provisions on arbitration in the new Civil Code procedure
published in July 2012.
The amendment of the Law establishing the Centre was proposed to make it more flexible.
3.2.2 Development of arbitration practice notes and notes to Arbitrators
The guide was developed by an international expert for KIAC casework and provided the
Centre with useful tools in case administration and management.
3.2.3 Editing of a handbook on the new law governing contracts in
Rwanda
Arbitration is a contract based process and KIAC Secretariat decided on a request by the
Institute of Legal Practice and Development (ILPD) to contribute to the publication of a
manual of the new Law Governing Contracts in Rwanda enacted in January 2012.
The Secretary General edited the module produced on contract Law by a team of Lawyers
hired by ILPD. Having been involved in the legislative process of the new Law from the
provisional draft to the voted Bill, she was able to give the context to the provisions of the
new Law in a way that can help legal professionals; arbitrators, lawyers and Judges to have
a common understanding of the provisions of this law.
3. INSTITUTIONAL DEVELOPMENT
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12. 4. LESSONS LEARNT
5. CONCLUSION
One year is not enough to conclude that the Secretariat has learnt enough. However, during
the implementation of the Centre’s activities; from capacity building, learning trips &
knowledge sharing platforms, and awareness/Marketing of the Centre; the Secretariat
identified the following key lessons:
As an institution tasked with the mandate of providing arbitration and other ADR services,
it is critical that the Centre takes time off to take stock of the performance during the
course of the year. While we are particularly pleased with the performance, we acknowl-
edge that institutional arbitration practice continues to face challenges in existing practices
not backed by a good understanding of arbitration and its benefits. KIAC Management is
committed to doubling efforts in mass sensitization campaigns to bring our potential users
and stakeholders on board through interactive seminars and symposiums.
The coming year 2013-2014 will principally focus on the development of KIAC’s long term
strategy as well as acquisition of state of the art infrastructure for the Centre. The highlight
will be the International Arbitration conference in May 2014 where immerging issues in
international arbitration and ADR will be discussed. This will no doubt contribute to reforms
that will continue to position Rwanda as an attractive investment destination.
KIAC has the unquestionable potential to become a regional choice for arbitration and this
is attributed to major pillars that the country has established, notably; the vibrant economy,
especially after the recurring exceptional performance in the in the Doing Business survey
since 2008-2014’s index; political stability, lowest crime rate in Africa and good govenance.
We are confident that with the continued support of our development partners like Invest-
ment Climate Facility for Africa (ICF), the Government of Rwanda and PSF (Private Sector
Federation), we are bound to achieve more milestones in the near future.
Arbitration is not only a legal concept or a form of justice. It is an international market
which includes but not limited to transport, tourism, security, fighting corrup-
tion….etc.That said, KIAC as a Centre shall strategically build on what Rwanda as a coun-
try can offer in that perspective.
Suitable Physical infrastructures, supporting Judiciary, well trained professionals and a
friendly and pro-arbitration legal framework are key for becoming a regional hub for
arbitration.
Any starting Arbitration Centre needs financial support either from the Government
and/or the Private Sector.
It takes between three to five years for a new centre to get the first case filed. Much
work at the beginning should focus on awareness activities and sensitizing current and
potential users on the benefit of arbitration as well as the need to include the centre’s
proposed arbitration clauses in their contracts.
Invest Wisely
Consider Arbitration Under KIAC

13. www.kiac.org.rw