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Profile

Guaranteed Integrity, Impartiality & Independence

Paul Ngotho is a multi-skilled domestic and international arbitrator and construction adjudicator, party representative, scholar, author, tutor and conference speaker extensive experience in Africa and United Kingdom.

 All his arbitration awards have been complied with voluntarily or enforced by courts in Kenya and elsewhere. Has worked under English Arbitration Act and UNCITRAL Law, which is used in Kenya, Uganda, Rwanda, Canada, Australia, China, India and over 50 other countries.

His experience includes construction, property sale, tenancy, insurance, partnership, joint ventures and matrimonial disputes. He has handled all the major issues in arbitration – pathological clauses, ambiguous contracts, contract termination for convenience, jurisdictional challenges, expert witnesses, ex parte proceedings, conflict of interest, challenge for alleged bias, joinder, security for costs, set-off etc.

Vision

To be an icon of Arbitration and Adjudication.

Mission

Excelling as a domestic and international arbitrator through professionalism, diligence and focus.

Promise

Guaranteed independence, impartiality and integrity.

  • Approaching disputes with an open mind
  • Analysing, interprating and applying complex finanacial, engineering and mathematical data
  • Interprating and applying legal texts
  • Issuing fair and enforceable decisions based purely on the law, facts and the evidence
  • Managing cases efficiently and cost-effectively
  • Handling difficult circumstances calmly but firmly
  • Treating people who have different views with respect
  • Building concensus

Paul Ngotho’s main academic and professional qualifications are:

  • Master of Laws (LL.M) in International Dispute Resolution, University of London, – International Commercial Arbitration; Investment & Specialist Arbitrations; Law of Foreign Investment; Treaty Law (formation, reservations, operational aspects, interpretation, conflict, invalidity, termination, suspension, etc); International Courts and Tribunals.
  • Chartered Arbitrator
  • Fellow (FCIArb) of the Chartered Institute of Arbitrators, UK
  • CIArb Diploma in International Commercial Arbitration
  • Post-Graduate Diploma in Law (University of London)
  • American Arbitration Association’s Higginbotham – advanced arbitration training including and 12-month mentorship by a distinguished UK-based international arbitrator.
  • Chartered Surveyor (MRICS) – Member of Royal Institution of Chartered Surveyors, UK
  • Diploma from the Royal Institution of Chartered Surveyors (RICS)
  • 9-month Certificate in Building Pathology, Urban Estate Management and Applied Valuation. College of Estate Management, University of Reading, UK.
  • Fellow (FISK) of The Institution of Surveyors of Kenya, Chapter of Valuers and Estate Management Surveyors
  • Registered Valuer (RV) and Registered Estate Agent in Kenya
  • B.A. in Land Economics (Hons) University of Nairobi. Courses included Valuation, Building Construction, Building Services, Theory of Structures, Economics as well as Laws of Real Estate, Agency, Tort, Contract and Administrative Law.

 

He is on the panels or lists of arbitrators in various local and international arbitral bodies including:

  • CADER (Uganda)
  • Cairo Regional Centre International Commercial Arbitration (CRCICA)
  • Chartered Institute of Arbitrators (President’s Panel and Kenya Branch)
  • China International Economic and Trade Arbitration Commission (CIETAC)
  • Institute of Quantity Surveyors of Kenya (IQSK)
  • International Centre for Dispute Resolution (ICDR)
  • Kigali International Arbitration Centre (KIAC)
  • London Court of International Arbitration (LCIA)
  • Nairobi Centre for International Arbitration (NCIA)
  • Strathmore Dispute Resolution Centre (SDRC)
  • Tanzania Institute of Arbitrators (TIA)
  • The Stockholm Centre (SCC)
  • Arbitrator
  • Construction Adjudicator
  • Chairing 3-member Arbitration and Adjudication Boards
  • Party Representative in Arbitration and Adjudication
  • Expert witness in Arbitration, Adjudication and Courts
  • Technical advisor to Counsel
  • Consultancy in Arbitration – arbitration clauses, case assessment and due diligence on arbitrators
  • Ngotho Property Consultants Ltd, Kenya. Managing Director since June 2008
  • Stapleton Long, London. Senior Valuation Surveyor Jan 2006 to June 2008
  • Arab Investments Ltd, London. Property Manager June 2003 to Dec 2005
  • Practising Valuer, Property Manager and Estate Agent in Kenya. 1992 to 2002
  • Lloyd Masika Ltd. Valuation Surveyor (1989 to 1992)
  • Bageine Karanja Mbuu Ltd. Valuation Surveyor (1984- 89)

Numerous high-level  arbitration capacity-building assignments in Kenya and elsewhere including:

  • Assessor in CIArb Accelerated Route to Member (ARM) course at Kigali International Arbitration Centre (KIAC) on 1st – 2nd April 2019 in a complex dispute involving US, French and Irish multinational corporations. The arbitration was ad hoc and seated in Holland.
  • CIETAC Pre-Moot for the 12th Frankfurt Investment Arbitration Moot. 23-24th February 2019.
  • Accelerated Route to Fellow (International Arbitration), KIAC, 25-27th September 2017.
  • CIArb tutor accreditation as Course Director, Tutor, Examiner/Assessor and Moderator in various courses including Module 2 (Arbitration Law – Domestic & International) and Accelerated Route to Fellow.
  • Marking scripts on the Law of Arbitration Under the English Act 1996, for CIArb Module 2 for several years, including June 2017.
  • Assessor in a 3-person panel for CIArb Chartered Arbitrator interviews held in Nairobi Kenya on 13-14th March 2017.
  • Appointed to Law Society of Kenya CPD Faculty (ADR) – Paper titled, “Lawyers’ Role in Construction Adjudication & Dispute Boards” presented in Bungoma, 8th September 2017.
  • Justice Tuiyott of the High Court of Kenya in judgement dismissing an award set-aside application:

“…deadlines given were generously extended. The conduct of the Arbitrator was neither oppressive nor unreasonable. Instead of condemnation, the Arbitrator needs to be commended for indulging the parties herein so as to give each side more than adequate opportunity of submitting witness statements. The Arbitrator’s neutrality did not stop there. Even though he had the choice of shutting out the evidence of Goodison because of non-compliance, he made the  following indulgent directions…” Source: Paras 48 and 49 Goodison v. Symbion at http://kenyalaw.org/caselaw/cases/view/151833/

  • Royal Institution of Chartered Surveyors (RICS) Award for contribution to the work of the RICS in Kenya and for the development of the profession. 2016.
  • Fellow (FISK) of The Institution of Surveyors of Kenya in recognition of seniority and contribution to the profession. 2014
  • Alumnus of American Arbitration Association’s Higginbotham Fellowship, 2013.
  • Author of Contemporary Issues in Arbitration ISBN 978-9966-1884-0-3
  • World Arbitrator Reporter (Editor: Prof Loukas Mistelis) – Arbitration Law in Kenya chapter (co-authored)
  • Over 50 conference a, some of which have been published in peer-reviewed journals.
  • Volunteer Correspondent for Kenya in the Case Law on UNCITRAL Texts (CLOUT). Wrote over 30 abstracts on Kenyan arbitration court cases.
  • Ngotho Chartered Arbitrator’s 6 Annual Arbitration Excellence Prizes, University of Nairobi

– School of Law – Best Male Student and the Best Female Student in International Commercial Arbitration (GPR 625).

– School of Law – Best Male and Best Female Student in Alternative Conflict Resolution (GPR 312).

– Real Estate and Construction Management Department, School of Built Environment – Best Male and Best Female students in Property Dispute Resolution (BRE 402) and Dispute Management and Resolution in Construction (BCM 403) (4 prizes)

  • Gold Sponsor, Investment Arbitration Conference in Dar-es-Salaam, Tanzania (Université de Genève and Africa International Legal Awareness). 29-30th September 2016.
  • Other Arbitration Conference Sponsorships: Nairobi Centre For International Arbitration (NCIA) Launch & Inaugural Conference, Nairobi Kenya. 4-6th December 2016
  • CIArb Regional Conference in Mombasa, 2014
  • Charity Golf Sponsorship – Surveyors Tournament at Vetlabs, Nairobi. Sponsored RICS Team of 4 players and donated prizes. 2015 and 2017
  • Charity Golf Sponsorship – St. Andrews Church Charity Golf, Muthaiga, Nairobi. Sponsored 4 players and donated prizes. 23rd June 2017.
  • Pro-bono mediation services through Federation of Women Lawyers, FIDA Kenya.

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