Madeline Kimei

• Co – Arbitrator in a dispute arising from a Mining Surface Drilling Agreement with claim amount to approximately $12 Million conducted under the UNCITRAL Arbitration Rules 1976.
• Presiding Arbitrator in a commercial dispute arising under a short-code provision agreement for gaming under the Cairo Regional Centre for International Commercial Arbitration (CRCICA) Arbitration Rules 2011 [ Final Award 2021].
• Co -Arbitrator in a international construction commercial dispute based on the Conditions of Contract for Building and Engineering Deigned by the Employer, Multilateral Development Bank Edition (May 2005) published by the International Federation of Consulting Engineers (FIDIC), administered and conducted under the ICC Arbitration Rules [Final Award 2022]
• Sole Adjudicator in a dispute arising from a supply contract between state owned organization and a foreign company under the TIArb Adjudication Rules 2021.
• Sole arbitrator in an ad hoc arbitration in a dispute arising out of a Memorandum of Agreement for the maintenance and servicing of equipment conducted under the TIArb Arbitration Rules 2018 [Final Award 2021]
• Sole Arbitrator in an ad-hoc arbitration under the UNCITRAL Arbitration Rules (2010) in respect of a contract for training on usage and supply of project management software and implementation under a private-public partnership.
• Sole Arbitrator in an ad-hoc arbitration adjudicating a dispute arising from a breach of bus shelter advertising agreement [Final Award 2021]
• Sole Arbitrator in a shareholder liability dispute with claim value of $260,000 under the Tanzania Institute of Arbitrators Arbitration Rules 2018.
• Sole Arbitrator in an ad-hoc arbitration in respect of an employment related dispute arising from unfair termination.
• Sole Arbitrator in an ad-hoc domestic arbitration of a dispute involving a sugar manufacturer and major beverage company ending in consent award with value amounting to TZS 1, 143, 632,325 ($494,200) [Consent Award 2019]
• Sole Arbitrator in an arbitration of a dispute involving a dispute arising from advertising services contract between a South African entity against a state-owned telecommunication company [discontinued].

• Counsel representing the Claimant, an international construction company in a sub-contract construction dispute successfully securing an ex-parte Arbitral Award of $290,000 plus interest against the power construction company.
• Counsel representing the claimant in an ad hoc arbitration under Tanzanian law regarding a commercial development property dispute against the Lessee with claim value of $1,000,000 plus.
• Counsel in an ad hoc arbitration arising from a consultancy engagement between a Tanzanian party and an Indian based conglomerate amounting to over $1,000,000.
• Counsel representing the Claimant a Value-Added Service provider in arbitration proceedings claiming breach of contract and successful in securing an Arbitral Award in its favour amounting to TZS 116, 733, 052 ($50,000) plus interest against a mobile telecommunications company.
• Counsel representing a gold mining company in a dispute arising from breach of Mining Service Agreement (MSA) with claim value over USD 270,000.
• Counsel representing the claimant arbitration proceedings representing a petroleum supplier in a dispute involving breach of a Fuel Supply Agreement for the petroleum supply to a mining company in Tanzania securing a consent award amounting to $450,000.
• Counsel representing a petroleum supply company in a debt recovery suit for breach of Fuel Supply Agreement.
• Counsel engaged for Filing of Arbitral Awards including Consent Awards, Domestic/Foreign Arbitral Awards for the recognition and enforcement.

• Adjudicator in a commercial dispute with regards to the supply of goods between a state entity and a foreign company with claim value amounting to $2,6mn.
• Adjudicator in a commercial dispute arising from a contract for provisions of collections and auctioneering with claim value amounting to over $648,000.

• Mediator in a dispute arising from a Master Lease Agreement for mining equipment between a coal mine and a mining equipment leasing company.
• Mediated a dispute arising from a supply of security systems agreement in a hotel construction project in Zanzibar; tenant – landlord disputes; family business dispute with multiple ownership in a Group of family businesses; out of court negotiations and settlement over a pending litigation arising out of a car rental and housing arrangement; a wrongful auction of mortgaged property in a debt recovery matter between Banker and Borrower; and a dispute arising between the Supplier and Purchaser for supply of tyres.
• Counsel in numerous labour-related disputes at the Commission for Mediation and Arbitration (CMA)

Served as Arbitral secretary to a 3-member tribunal over a telecommunications dispute arising from a national dealership agreement under UNCITRAL Rules

• Legal opinions for a LCIA arbitration on arbitrability of gaming/trademark disputes;
• Expert opinion on arbitration clause under the laws of Tanzania in a petroleum bulk fuel supply agreement;
• Advisory on dispute resolution and law of limitation in respect of a power plant project EPC contract between an MNO and Sub-contractor;
• Opinion on enforcement of foreign arbitral awards under the Tanzania Arbitration Act 2020;
• Consultant, appointed by the Chief Justice of Tanzania to assist the Judicial Rules Committee for the development of Arbitration Rules under the new Arbitration Act 2020;
• Consultant for the TLS in development of strategy and establishment of the Tanzania International Arbitration Centre;
• Extending local counsel Arbitration and ADR advisory in an aviation related dispute;
• Expert Adviser for drafting of Dispute Management and Resolutions Module for Continuous Learning Curriculum for the Tanganyika Law Society.

• Managing an online dispute resolution portal;
• Course Facilitator, International Law Institute (George Washington University) -Practical Aspects of Online Dispute Resolution – September 2020 and November 2020;
• Panellist, Jur Webinar, Q&A on “Legaltech” – 2 July 2020 (Livestorm);
• Designing and facilitating the training program for mediators on ODR for the Enugu State Multidoor Courthouse, Nigeria (Zoom training);
• Lead Facilitator- ODR training under the Centre of International Dispute Resolution – CIAdr (Bangladesh);
• Committee Member of the Africa Arbitration Academy Virtual Hearings in Africa Protocol 2020;
• Facilitator, ODR4AFRICA Webinar Series, Episode 1: Introduction to ODR, November 2019

• Secretary/Member of the East Africa Law Society (EALS), ADR Committee.
• ADR Validation Workshop by Ministry of Legal Affairs for Mediation, Reconciliation and Negotiation Regulations.
• Representative of the TIArb, Tanganyika Law Society and stakeholders at the Parliamentary Committee on the Arbitration Bill 2020.
• Stakeholder commentary on the new proposed arbitration act in Tanzania (October 2017);
• Review of the Arbitration Rules of the Tanzania Institute of Arbitrators 2017.
• Took part in stakeholder consultations for Court-Annexed Mediation Rules in 2017.
• Supported and provided assistance in the verification exercise and validation of the analysis on the legal and regulatory framework on foreign investment entry, protection and exit – East African Trade & Investment Hub (USAID);
• Participant at the 4th Round Table Discussion on Curbing Delays in Commercial Dispute Resolution;
• Arbitration as a Mechanism to Speed up Delivery of Justice’ organized by the Commercial Court of Tanzania for the Financial year 2011/2012; 20 July 2012

• Evaluating Tanzania’s ICSID Representation, the verdict; Africa Construction Law –Preparing for Mediation: Position Statements;
• Outlawed foreign for a: the conundrum over Tanzania’s international investor – disputes resolution system;
• Lise Bosman, Kluwer Arbitration in Africa 2021, Chapter on Tanzania;
• Early Neutral Evaluation and its importance for the Civil Justice system in Tanzania;
• Collaboration for Efficient Dispute Resolution, Empower, 21 April 2020;
• Good or Bad Deal: The Rise in Investment Treaty Disputes – The Case for Tanzania (October 1, 2017);
• Mediation (Tanzania) – Getting the Deal Through, 2017;
• Mediation (Tanzania) – Getting the Deal Through, 2018;
• Global Magazine, iResolve: The wave of the future for dispute resolution in Tanzania, 18 July 2015;
• Who Solves Domain Name Disputes? September 2017 “Alternative Schemes for resolving banking and financial disputes – Mediation” – published by the Tanganyika Law Society Journal, Issue 1- Feb 2012 accessible on Lexis Nexis

Education

Academic qualification

• Diploma in International Arbitration, Africa Arbitration Academy, October 2021;
• Law School of Tanzania – Post Graduate Diploma in Legal Practice (2011);
• Bournemouth University (Bournemouth, UK) — Master of Laws (LLM), Law & Finance, 2008;
• Coventry University (Coventry, UK) – Bachelor of Laws (LLB), 2006;
• PEPONI Secondary School (Nairobi, Kenya) – IGCSE’s, AS Level and A Levels – 2003;
• Greenacres School – Nairobi, Kenya – 1996 -2000

Professional qualifications

• International Commercial Mediation and Investor-State Mediation International Law Institute /Georgetown University, September 2021; Accredited Mediator and Arbitrator, Registrar, Ministry of Legal Affairs of Tanzania;
• Accredited Commercial and Civil Mediator – Chartered Institute of Arbitrators (London) 2012;
• Bar Admission (Roll no. 2248) – Advocate & Commissioner of Oaths (since 10/08/2011);
• International Investment Treaties & Investor State Arbitration – International Law Institute/Georgetown University December 2017;
• Practical use of the 1999 FIDIC conditions of contract (FIDIC Contracts training Module1);
• Management of claims and resolution of disputes (FIDIC Contracts Training Module 2);
• Certificate in Dispute Management (CDM)-Indian Institute of Arbitrators and Mediators (IIAM);
• National Construction Council &Tanzania Institute of Arbitrators (DSM) – Conduct & Practice of Arbitrations 2011