Funke Adekoya SAN

Arbitration Expertise

Funke has acted as arbitrator under the rules of various arbitral institutions.

1.

ICC Rules

  1. Appointed as the sole arbitrator in arbitration proceedings under the ICC Rules arising out of a franchising dispute between Kenyan and Swiss parties.
  2. Appointed Chairman of the panel by the ICC Court of Arbitration in a dispute arising out of an allegedly breached infrastructure construction contract entered into between the State of Zanzibar and a Tanzanian contractor.
  3. Co-arbitrator in a dispute between a Nigerian Government agency and a purchaser of distressed assets, alleging breach of contract of sale/lease arrangement.
  4. Appointed Chairman of the panel by the ICC Court of Arbitration in a dispute between a Swedish contractor and a State Entity arising out of an allegedly breached construction contract.

2.

LCA Administered proceedings

  1. Chairman of the arbitral panel established under the LCIA Rules in a dispute between a Kenyan company and a UK insurance company over the validity of a re-insurance claim.
  2. Co-arbitrator appointed by the LCIA in default of party appointment in a shareholder dispute between a Mauritian investor and a Nigerian pharmaceutical company.
  3. Chairman of the arbitral panel established under the LCIA Rules in a dispute between two Kenyan companies based on breach of warranty claims relating to the purchase of a part of the Respondent’s business.

3.

ICSID Arbitration Rules

  1. ICSID Annulment Committee member - ARB/12/13: Saint-Gobain Performance Plastics Europe v Bolivarian Republic of Venezuela.
  2. Co arbitrator – ARB/17/13: Grenada Private Power Limited and WRB Enterprises, Inc. v Grenada - party appointed arbitrator in an investor –state dispute under the UNICTRAL Rules based on an alleged breach of a share –purchase agreement entered into between the parties involving the State party’s electricity sector.
  3. Co-arbitrator – ARB/17/33: EcoDevelopment in Europe AB & others v United Republic of Tanzania - appointed by the Chairman of ICSID as party arbitrator in an investor-state dispute arising out of the alleged failure to develop a sugar cane plantation for agribusiness purposes and brought under the Tanzania- Sweden BIT.
  4. Co- arbitrator - ARB/19/31: Gerald International Limited v. Republic of Sierra Leone - party appointed arbitrator in an investor –state dispute under the UK-Sierra Leone BIT based on an alleged breach of a mining concession license.
  5. ICSID Annulment Committee member - ARB/15/44: Watkins Parties v Kingdom of Spain

UNCITRAL RULES PROCEEDINGS.

4.

PCA Administered Investment Treaty Dispute

  1. Presiding Arbitrator in PCA Case No. 2018-38:
    1. Mr. Gokul Das Binani
    2. Mrs. Madhu Binani (India) v. Republic of Macedonia. Investment arbitration proceedings under the India – Macedonia BIT brought under the Uncitral Arbitration Rules 1976. Dispute arose out of alleged breach of a mining licence.
  2. Co-arbitrator appointed by the offshore investor in two disputes brought under the Uncitral Model Rules between a Nigerian State entity and a Bahamian offshore supplier and its Nigerian subsidiary alleging breach of a transportation maintenance and management agreement as well as the breach of private public partnership agreement with the State’s transportation agency involving the construction of a vehicle assembly plant.
  3. Co-arbitrator appointed by the Federal Government of Nigeria in a dispute between a British port inspection agency and the Federal Government of Nigeria.