Postgraduate students could find themselves outside South African borders, with some getting exposure to interesting aspects of the international legal profession. Rhona Rwangyezi, a PhD candidate, and Susan Kimani, who recently completed an LLM, relate their experiences at the Permanent Court of Arbitration (PCA) and International Council for Commercial Arbitration (ICCA) Congress recently held in Mauritius.

Rhona Rwangyezi with Lise Bosman outside the Peace Palace in The Hague, where Rhona completed an internship with the Permanent Court of Arbitration.

Rhona Rwangyezi’s doctoral focuses on Intellectual Property Law and the protection of Traditional Cultural Expression in the Digital Era. She intends to explore ways in which dispute resolution mechanisms like arbitration can be used in conflicts arising in this area.

How would you describe your experience as intern at ICCA and the PCA?

Enlightening and exciting. I had not worked in an international organization prior to the internship and so I had so much to learn. I networked with many people in the field of International arbitration and each person came with their own school of knowledge and experiences. I was constantly taking it all in. Living in The Hague was a plus as well. It is a beautiful city.

How have you been personally enriched by this experience?

Working in a multi-cultural and international environment like that at the ICCA-PCA teaches you many things; a good work ethic, adaptability, teamwork, innovation, paying attention to detail,  the ability to work with people at all levels and hard work – basically all the characteristics you claim to have in your cover letter to apply are tested. This experience has made me a better person. Interacting with lawyers and judges encouraged me to work harder and smarter, to know what I want and to go for it.

What was one of the highlights?

I have always greatly admired Judge Abdulqawi Yusuf, vice-president of the International Court of Justice. Towards the end of my internship, I was introduced to him. As we talked, I mentioned that my PhD research was on Intellectual Property Law and he gave me an autographed copy of his book, Intellectual Property and International Trade: The TRIPs Agreement. I was so happy I almost hugged him!

What were some of the challenges you faced?

I was a bit nervous going in, the internship meant a lot to me and I was afraid of making mistakes or failing. However, I worked under the supervision of Lise Bosman and Lisa Bingham, respectively executive director and deputy executive director of ICCA, and with their guidance I was able to overcome my fear and give it my best.

What was the best part of your involvement the ICCA annual congress?

My main responsibility was to develop and prepare workshop materials for the Consultative Workshop on Cooperation among African Arbitral Initiatives, co-hosted by ICCA, the PCA and the United Nations Commission on International Trade Law (UNCITRAL). I enjoyed the planning process, coordinating and interacting with the ICCA Congress Host Committee and prominent individuals in the field of international arbitration.

From left, Peter Mbithi (class of 2013); Kennedy Melly (class of 2015); Hemlata Hunma (class of 2013); Susan Kimani (class of 2015); Lise Bosman; Soi Kaingu (class of 2014); Adeola Awojobi (class of 2014); also present at the Congress was Kizito Safari (class of 2009).

Susan Kimani completed a master’s degree in International Trade Law and will graduate in December this year. She hasn’t as yet done the PCA internship, but hopes to do so in the next internship cycle. She is currently attached to a law firm in Nairobi, which engages in alternative dispute resolution, including commercial arbitration.

How did it come about that you attended the bi-annual ICCA congress in May?

My journey to ICCA 2016 Congress in Mauritius started in October 2015, when I was taking a class in Commercial Arbitration. During a two-week block session with Lise Bosman, she unpacked the subject of International Arbitration so brilliantly it sparked my interest in the field. I started doing research into the field, especially on African arbitral practices, and ended up writing a paper on Investor-State Disputes in Africa (which is currently under review).

Soon after, when she announced that the International Council for Commercial Arbitration (ICCA) would be holding its Bi-Annual Congress in Mauritius and that sponsorship would be available, I decided to make a play for it. My application was successful and I registered for the Congress.

What was a highlight of the congress for you?

Each moment at the Congress was exciting for me. Hearing from UN secretary-general Ban Ki-moon easily tops the list of my highlights. He is such an inspirational speaker and while I always expect him to speak of sustainable development, global peace and security, he found a way to link these UN goals with international arbitration. He traced the significance of arbitration back to the 1919 Covenant of the League of Nations, highlighted its role in peaceful resolution of disputes globally and glazed that with demonstrating its role as a growth imperative in Africa.

This, together with the keynote speech by Mohammed Elbaradei (Director General Emeritus of the International Atomic Energy Agency and Nobel Peace Prize Laureate) and Judge Abdulqawi Yusuf (International Court of Justice) were just some of the many exciting moments at the Congress.

Why the interest in commercial arbitration?

Several elements of commercial arbitration as a method of dispute resolution interest me. According to conventional wisdom arbitration is faster, relatively cheaper, confidential, neutral and flexible means of resolving conflict. Without diminishing the importance of any of these elements, neutrality, flexibility and speed strike me as the most pertinent facets of arbitration when viewed from an international perspective.

In international trade, which is my Master’s degree specialisation, you deal with states and parties who are most likely located in different parts of the world. In case of a dispute, the parties value the ability to choose the seat of arbitration (neutrality), to draw up their own timetable (flexibility), but also importantly for businesses, to save time (speed). In sum, the vital connection between international trade and arbitration is what attracts me to it.

How has the experience at the Congress enriched you personally?

Aside from listening to the enriching speeches and panel deliberations as a delegate, I also got to volunteer at the ICCA Members Lounge, where I came into direct contact with the very qualified ICCA staff and also met ICCA veterans.

I also served as a rapporteur at the Consultative African Workshop, where I watched arbitration experts from Africa, ICCA, UNCITRAL, PCA and other organisation, discuss the key issues in Africa and attempt to adopt a resolution to pave the way for arbitration in Africa. This is no easy task, and I was very humbled and enlightened to be a part of it.

What is the significance of such exposure for students/researchers?

Speaking to my friend the other day, we reminisced about how earlier on we thought were doing well until we met other colleagues – age mates with PhDs or several years of work experience. While recognising that we come from different backgrounds with varying opportunities, exposure like this challenges you and makes you want to better yourself. It makes you want to connect with the global community and work towards goals much bigger than yourself.

Also key for researchers is being able to make a call, or write an email to a colleague in a different country when you can’t find a piece of legislation online, or when you need some local information that only they, as locals, may be privy to. This has helped me for instance when I was writing my dissertation. Researchers cannot underestimate the value of having such international connections.