Legal System:
Common Law, International Law
Practice Areas:
Arbitration, Commercial Law, Construction - Engineering, Corporate Law, Insurance, Investment - Concession agreements, Maritime Law, Real Estate, Sales - Purchases
Jurisdiction:
Nigeria, United Kingdom
Publications
Books:
1. Emilia Onyema (ed) Rethinking the Role of African National Courts in Arbitration, Kluwer Law International, 2018, 417 pages.
2. - (ed), The Transformation of Arbitration in Africa: The Role of Arbitral Institutions, Kluwer Law International, 2016, 209 pages.
3. -, International Commercial Arbitration and the Arbitrator’s Contract, Routledge Cavendish, 2010, 257 pages.
Articles in Refereed Journals:
1. Emilia Onyema, “Corruption, Access to Arbitral Justice for Local Communities: Mitigating the Cost of Corruption and Providing access to justice for local communities”, Arbitration: The International Journal of Arbitration, Mediation and Dispute Management, Vol 90 Issue 4 (2024) 536-554.
2. Emilia Onyema, “Sub-Saharan African Courts Decisions on the Challenge of arbitrators”, Paris Journal of International Arbitration (Les Cahiers de l’Arbitrage) 2023-2; pages 1-20.
3. -, “African Participation in the ICSID System: Appointment and Disqualification of Arbitrators”, ICSID Review – Foreign Investment Law Journal (2020).
4. -, “Reimagining the Framework for resolving Intra-African Commercial Disputes in the Context of the African Continental Free Trade Area Agreement”, World Trade Review (2019), pp 1-25.-,
Chapter in Books/collections:
5. Emilia Onyema, “Costs in International Arbitration: Synergy between civil and common law principles” in 'The Plurality and Synergies of Legal Traditions in International Arbitration: Looking Beyond the Common and Civil Law Divide', edited by Nayla Comair Obeid and Stavros Brekoulakis, 2024 (Kluwer Law International) pp. 485-499.
6. -, “African Practitioners, International Arbitration and Inclusivity” in “Arbitration’s Age of Enlightenment?” in Cavinder Bull SC, Loretta Malintoppi, and Constantine Partasides KC (general editors) “Arbitration’s Age of Enlightenment?”, ICCA Congress Series No 21, 2022 (Kluwer Law International) pp 575-588.
7. -, “The Concept and Scope of the Arbitrator’s Autonomy”, in Stavros Brekoulakis, Romesh Weeramantry and Lilit Nagapetyan (eds.), Achieving the Arbitration Dream: Liber Amicorum for Professor Julian D.M. Lew, KC, 2023, Kluwer law International, pages 327-333.
8. -, “OHADA Arbitration and Common Law African Countries”, in A. Ngwanza (ed), Vingt ans d’arbitrage OHADA: bilan et perspectives, LexisNexis, 2019, pages 427-441.
9. -, “The Jurisdictional Tensions Between Domestic Courts and Arbitral Tribunals” in Menaker, Andrea (ed) International Arbitration and the Rule of Law: Contribution and Conformity, ICCA Congress Series No 19, Kluwer (2017) pp 481-500
Blogs:
1. Emilia Onyema, “Arbitration needs the support of vigilant courts”, published on 5 January 2024 by Africa Legal and available at: https://www.africa-legal.com/news-detail/arbitration-needs-the-support-of-vigilant-courts/
2. -, “Thoughts on the Chairing Styles adopted by Presiding Arbitrators”, published on 30 January 2023 and available at: https://afas-global.org/thoughts-on-the-chairing-styles-adopted-by-presiding-arbitrators/
3. -, “What is wrong with the international investment regime”, published on 18 January 2018 and available at https://oxia.ouplaw.com/page/676
Teaching
International Commercial Arbitration: International Investment Law; International Trade Law; Law & Development in Africa; CIArb Tutor and Examiner
Education
PhD (Arbitration) from QMUL; LLM (UoL); LLB (Jos);
Other Information
Current Arbitral Appointments
1. Presiding arbitrator appointed by the co-arbitrators in an oil and gas upstream contract between an oil major and a domestic oil company (Nigerian Arbitration and Mediation Act and its annexed Rules.
2. Co-arbitrator appointed by the PCA on behalf of the respondent in a services contract in the oil and gas sector between an IOC and a private domestic Nigerian oil company (UNCITRAL Rules, ongoing)
3. Co-arbitrator appointed by the respondent in a shareholder’s joint venture dispute under KIAC rules (ongoing).
4. Presiding arbitrator over a mining (construction) dispute between South African and Zambian parties (ad hoc, ongoing).
5. Co-arbitrator appointed by the claimant in a construction dispute between Middle Eastern and Indian parties (ad hoc, ongoing).
6. PCA appointed arbitrator for the respondent in a construction dispute between a Nigerian state agency and a Turkish company over a world bank funded project (ongoing).
7. Presiding arbitrator over a share options purchase dispute between South African parties (ad hoc, ongoing).
8. Co-arbitrator in an Iranian Chamber commodities dispute between an Iranian and Ukrainian parties (ongoing).
Concluded Arbitrator Appointments/cases:
1. Sole arbitrator over a distribution contract between Iranian and Iraqi parties (concluded with final award).
2. Sole Arbitrator in an ICC construction (delay) dispute (concluded with final award).
3. Presiding arbitrator (nominated by the co-arbitrators) in PCA seated ad hoc arbitration on construction dispute (concluded via settlement).
4. Sole arbitrator in CIArb Business Arbitration Service Case on debt recovery (concluded).
5. Sole Arbitrator in a commodities sales contract (administered by the Iranian IAC, concluded with final award)
6. Co-arbitrator nominated by the Respondent in a KIAC arbitration on service contract for works and decorations (concluded with final award).
7. Sole Arbitrator in ICC arbitration on distributorship contract (concluded through settlement by the parties).
8. Sole Arbitrator in CIArb Business Arbitration Service Case on debt recovery (concluded with final award).
9. Sole arbitrator under Swiss Rules on breach of contract (administered by KIAC, concluded with final award).
10. Sole Arbitrator in CIArb Business Arbitration Service Case on debt recovery (concluded with final award).
11. Sole Arbitrator in CIArb Business Arbitration Service Case on debt recovery (concluded with final award).
12. Sole Arbitrator under Abu Dhabi CCAC Rules in a sub-contract construction dispute (concluded with final award).
13. Sole Arbitrator in an ICC arbitration over real estate Fund investment (concluded through settlement by the parties).
14. Presiding arbitrator over a shareholder’s contract dispute under KIAC Rules (concluded with final award).
15. Co-arbitrator under a real estate purchase contract dispute under ADCCAC Rules (concluded through settlement by the parties).
Experience as Legal Expert Witness
1. Acted as expert witness in ICC case on Nigerian law on set off.
2. Acted as expert witness in ICC case on Nigerian Export Processing Zone law.
