*/
Hammad Baig reports back from the Bar Council delegations to Kenya and Tanzania
The Bar Council organises events throughout the year that focus on the international aspect of a barrister’s practice. In 2022, this included the International Rule of Law Lecture held in March, ‘Judicial activism – its relevance and efficacy to the rule of law’ by His Excellency, Anthony Thomas Aquinas Carmona SC ORTT (President of Trinidad and Tobago 2013-19 who also enjoyed a very successful legal career), a webinar in May exploring international criminal law opportunities outside the traditional courts and tribunals (in which my fellow member of chambers, Haydee Dijkstal took part as a speaker), and an International Business Development Seminar in June designed to assist barristers develop and strengthen their international practice.
The international calendar for the year closed on a high with a delegation of barristers and Bar Council staff to legal symposiums in Kenya and Tanzania in November – a welcome change from the isolation suffered during the pandemic – and the Bar Council’s second International Rule of Law lecture in December in which Salieu Taal, President of the Bar Association of The Gambia, spoke on ‘Transitional Justice in Gambia after dictatorship – from truth seeking to justice’.
Events such as these help to raise the international profile of barrister members of the Bar Council and reinforce the message that our justice system remains an attractive option for resolution of disputes of international nature.
I was fortunate to be part of the delegation attending the back-to-back legal symposiums held in Kenya and Tanzania. In Kenya, the symposium was organised in partnership with the Kenyan Law Society and held at the Radisson Blu Hotel, Nairobi. In Tanzania, the symposium was in partnership with the Tanganyika Law Society and the Tanzania International Arbitration Centre and held at the Tanganyika Law Society building.
The symposiums provided an excellent opportunity for legal professionals to exchange ideas and explore possibilities for cooperation. The message from the Bar Council delegation was simple: our barristers offer a one-stop solution for all international legal needs. Topics covered included international commercial arbitration, international criminal law, the rise of cryptocurrency fraud, international trade, environment and climate related disputes, and bilateral investment treaties. We also discussed the evolution of the Bar, ie how barristers can now service clients directly and conduct litigation as an alternative to the traditional referral model. We explained this is an attractive prospect for many clients, particularly from a financial point of view, and the message was well-received, with many questions posed on this point to understand how the change came about and how it has been received.
There were opportunities to meet with lawyers on a one-on-one basis, all of whom I found to be hospitable and eager to discuss our respective practices. My clerks had efficiently organised meetings with local firms which allowed me to not only visit the firms in person but also connect with those who were unable to attend the symposium.
The Bar Council intends to organise future similar visits to other jurisdictions, and undertakes its third mission to Mexico this September. Those part of such delegations would benefit from organising meetings in advance and checking for other legal events that are being held locally around the same time. For example, only days after the legal symposium the East African Law Society held its annual conference and general meeting in Arusha, Tanzania – we were all invited, though work commitments meant that we were unable to attend.
Both symposiums were fully booked, with a fair representation from all levels of seniority including the judiciary and academics. The consensus among our delegations was that both markets offer fertile ground for work at all levels of the Bar.
Total trade in goods and services (exports plus imports) between the UK and Tanzania was £227 million in the four quarters to the end of Q2 2022, an increase of 5.6% or £12 million from the four quarters to the end of Q2 2021. These numbers are even larger in the context of Kenya – total trade in goods and services (exports plus imports) between the UK and Kenya was £1.1 billion in the four quarters to the end of Q2 2022, an increase of 0.4% or £4 million from the four quarters to the end of Q2 2021.
Many expatriates from the UK make Kenya their home. A well-trained work force, English as a medium of communication at all levels of the society, pleasant Nairobi weather and the willingness to progress are just a few of the traits that encourage businesses and individuals to locate here.
Both Kenya and Tanzania are members of the World Trade Organisation and the East African Community (EAC). The EAC is a common market and a customs union which allows for free movement of people, goods and services. Speaking to representatives of export and trade associations and lawyers involved in customs and international trade law, I learned that the EAC’s rebirth in 1999, contrary to its difficult past, brings about a welcome unifying factor amongst the member nations of this East African bloc. This has greatly contributed towards the unprecedented growth in the region.
This influx of commercial activity has meant that demand for legal experts in the areas of commercial dispute resolution has increased. Popular sectors include mining, energy industry, oil and gas, aviation, construction and communication – these sectors have contributed to the rapid economic growth of both Kenya and Tanzania.
With such a rise in trade, it is no surprise that the legal industry in both Tanzania and Kenya has leapt into areas of alternative dispute resolution, in particular, arbitration. While in Nairobi, I and some other members of the delegation attended the launch of the 2022/23 strategic plan for the Nairobi Centre for International Arbitration – an event designed to impress. The centre’s ambition is to act as a venue for dispute resolution in East Africa, an ambition shared by the Tanzania International Arbitration Centre. Both centres boast world class facilities, features designed to maximize on party autonomy and an independent, impartial and empowered tribunal.
Barristers from England and Wales can play a role; indeed many local firms reach out to the Bar for collaboration. Arbitration in Kenya is governed by the Arbitration Act, Act No.4 of 1995 which applies to both domestic and international arbitration proceedings, and enforcement of the awards. Arbitration/mediation in Kenya is not a reserved activity, therefore foreign lawyers can be involved in these mechanisms of dispute resolution.
In the Tanzania-Tanganyika jurisdiction, arbitration is not a reserved activity (s 38 of the Arbitration Act 2020). This Act does not apply to Tanzania-Zanzibar but it repeals the earlier Arbitration Act 2002 which did apply to Zanzibar.
Barristers from England and Wales wishing to appear in specific cases before the courts may need to apply for temporary permission – see guidance from the International Bar Association on each jurisdiction.
The first port of call, should one wish to visit these areas, or to write on a particular legal topic for their Law Society’s respective publications, would be to get in touch with either the international team at the Bar Council or directly with the Law Societies in Kenya and Tanzania.
The Bar Council’s International team, supported by the International Committee, provides a wide variety of services to assist and support members of the Bar in developing, strengthening and maintaining their international practice including a grant programme.
Tanzania: trade and investment factsheet, Department for Business and Trade
Kenya: trade and investment factsheet, Department for Business and Trade
International Bar Association guidance on practising in: Kenya , Tanzania-Tanganyika , Tanzania-Zanzibar
Hammad Baig practises tax law, in particular, indirect taxation, customs and excise and international trade law. He is a member of 33 Bedford Row Chambers.
The Bar Council organises events throughout the year that focus on the international aspect of a barrister’s practice. In 2022, this included the International Rule of Law Lecture held in March, ‘Judicial activism – its relevance and efficacy to the rule of law’ by His Excellency, Anthony Thomas Aquinas Carmona SC ORTT (President of Trinidad and Tobago 2013-19 who also enjoyed a very successful legal career), a webinar in May exploring international criminal law opportunities outside the traditional courts and tribunals (in which my fellow member of chambers, Haydee Dijkstal took part as a speaker), and an International Business Development Seminar in June designed to assist barristers develop and strengthen their international practice.
The international calendar for the year closed on a high with a delegation of barristers and Bar Council staff to legal symposiums in Kenya and Tanzania in November – a welcome change from the isolation suffered during the pandemic – and the Bar Council’s second International Rule of Law lecture in December in which Salieu Taal, President of the Bar Association of The Gambia, spoke on ‘Transitional Justice in Gambia after dictatorship – from truth seeking to justice’.
Events such as these help to raise the international profile of barrister members of the Bar Council and reinforce the message that our justice system remains an attractive option for resolution of disputes of international nature.
I was fortunate to be part of the delegation attending the back-to-back legal symposiums held in Kenya and Tanzania. In Kenya, the symposium was organised in partnership with the Kenyan Law Society and held at the Radisson Blu Hotel, Nairobi. In Tanzania, the symposium was in partnership with the Tanganyika Law Society and the Tanzania International Arbitration Centre and held at the Tanganyika Law Society building.
The symposiums provided an excellent opportunity for legal professionals to exchange ideas and explore possibilities for cooperation. The message from the Bar Council delegation was simple: our barristers offer a one-stop solution for all international legal needs. Topics covered included international commercial arbitration, international criminal law, the rise of cryptocurrency fraud, international trade, environment and climate related disputes, and bilateral investment treaties. We also discussed the evolution of the Bar, ie how barristers can now service clients directly and conduct litigation as an alternative to the traditional referral model. We explained this is an attractive prospect for many clients, particularly from a financial point of view, and the message was well-received, with many questions posed on this point to understand how the change came about and how it has been received.
There were opportunities to meet with lawyers on a one-on-one basis, all of whom I found to be hospitable and eager to discuss our respective practices. My clerks had efficiently organised meetings with local firms which allowed me to not only visit the firms in person but also connect with those who were unable to attend the symposium.
The Bar Council intends to organise future similar visits to other jurisdictions, and undertakes its third mission to Mexico this September. Those part of such delegations would benefit from organising meetings in advance and checking for other legal events that are being held locally around the same time. For example, only days after the legal symposium the East African Law Society held its annual conference and general meeting in Arusha, Tanzania – we were all invited, though work commitments meant that we were unable to attend.
Both symposiums were fully booked, with a fair representation from all levels of seniority including the judiciary and academics. The consensus among our delegations was that both markets offer fertile ground for work at all levels of the Bar.
Total trade in goods and services (exports plus imports) between the UK and Tanzania was £227 million in the four quarters to the end of Q2 2022, an increase of 5.6% or £12 million from the four quarters to the end of Q2 2021. These numbers are even larger in the context of Kenya – total trade in goods and services (exports plus imports) between the UK and Kenya was £1.1 billion in the four quarters to the end of Q2 2022, an increase of 0.4% or £4 million from the four quarters to the end of Q2 2021.
Many expatriates from the UK make Kenya their home. A well-trained work force, English as a medium of communication at all levels of the society, pleasant Nairobi weather and the willingness to progress are just a few of the traits that encourage businesses and individuals to locate here.
Both Kenya and Tanzania are members of the World Trade Organisation and the East African Community (EAC). The EAC is a common market and a customs union which allows for free movement of people, goods and services. Speaking to representatives of export and trade associations and lawyers involved in customs and international trade law, I learned that the EAC’s rebirth in 1999, contrary to its difficult past, brings about a welcome unifying factor amongst the member nations of this East African bloc. This has greatly contributed towards the unprecedented growth in the region.
This influx of commercial activity has meant that demand for legal experts in the areas of commercial dispute resolution has increased. Popular sectors include mining, energy industry, oil and gas, aviation, construction and communication – these sectors have contributed to the rapid economic growth of both Kenya and Tanzania.
With such a rise in trade, it is no surprise that the legal industry in both Tanzania and Kenya has leapt into areas of alternative dispute resolution, in particular, arbitration. While in Nairobi, I and some other members of the delegation attended the launch of the 2022/23 strategic plan for the Nairobi Centre for International Arbitration – an event designed to impress. The centre’s ambition is to act as a venue for dispute resolution in East Africa, an ambition shared by the Tanzania International Arbitration Centre. Both centres boast world class facilities, features designed to maximize on party autonomy and an independent, impartial and empowered tribunal.
Barristers from England and Wales can play a role; indeed many local firms reach out to the Bar for collaboration. Arbitration in Kenya is governed by the Arbitration Act, Act No.4 of 1995 which applies to both domestic and international arbitration proceedings, and enforcement of the awards. Arbitration/mediation in Kenya is not a reserved activity, therefore foreign lawyers can be involved in these mechanisms of dispute resolution.
In the Tanzania-Tanganyika jurisdiction, arbitration is not a reserved activity (s 38 of the Arbitration Act 2020). This Act does not apply to Tanzania-Zanzibar but it repeals the earlier Arbitration Act 2002 which did apply to Zanzibar.
Barristers from England and Wales wishing to appear in specific cases before the courts may need to apply for temporary permission – see guidance from the International Bar Association on each jurisdiction.
The first port of call, should one wish to visit these areas, or to write on a particular legal topic for their Law Society’s respective publications, would be to get in touch with either the international team at the Bar Council or directly with the Law Societies in Kenya and Tanzania.
The Bar Council’s International team, supported by the International Committee, provides a wide variety of services to assist and support members of the Bar in developing, strengthening and maintaining their international practice including a grant programme.
Tanzania: trade and investment factsheet, Department for Business and Trade
Kenya: trade and investment factsheet, Department for Business and Trade
International Bar Association guidance on practising in: Kenya , Tanzania-Tanganyika , Tanzania-Zanzibar
Hammad Baig reports back from the Bar Council delegations to Kenya and Tanzania
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
Giovanni D’Avola explores the issue of over-citation of unreported cases and the ‘added value’ elements of a law report
Louise Crush explores the key points and opportunities for tax efficiency
Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
Is now the time to review your financial position, having reached a career milestone? asks Louise Crush
If you were to host a dinner party with 10 guests, and you asked them to explain what financial planning is and how it differs to financial advice, you’d receive 10 different answers. The variety of answers highlights the ongoing need to clarify and promote the value of financial planning.
Most of us like to think we would risk our career in order to meet our ethical obligations, so why have so many lawyers failed to hold the line? asks Flora Page
If your current practice environment is bringing you down, seek a new one. However daunting the change, it will be worth it, says Anon Barrister
Creating advocacy opportunities for juniors is now the expectation but not always easy to put into effect. Tom Mitcheson KC distils developing best practice from the Patents Court initiative already bearing fruit
National courts are now running the bulk of the world’s war crimes cases and corporate prosecutions are part of this growing trend, reports Chris Stephen
Let’s hear it for the assessors, says Dame Anne Rafferty of the KC Selection Panel. And to make silk assessors’ lives a little easier when applicants come calling in May, Dame Anne fields some commonly asked questions
