Professor Emilia Onyema began her legal career in Nigeria, qualifying as a barrister and solicitor in 1989, before practising in corporate and commercial law and dispute resolution. She later obtained an LL.M. from King’s College London, qualified as a solicitor in England and Wales, and completed her PhD at Queen Mary University of London. Professor Onyema joined SOAS in 2007 and has held several senior academic leadership positions, including Associate Dean, Director of Student Experience and Acting Deputy Vice-Chancellor for Education. She was also the inaugural Director of the SOAS Arbitration and Dispute Resolution Centre, which she helped establish in 2023. Her work focuses on international commercial law, arbitration, dispute resolution and expanding opportunities for the next generation of African arbitration professionals.
1. Kindly briefly outline your academic and professional journey from your early legal education in Nigeria to your current role at School of Oriental and African Studies (SOAS)?
I obtained an LLB (Hons.) from the University of Jos, Plateau State, Nigeria in 1988, went to the Nigerian Law and qualified to practise as a barrister and solicitor before the Supreme Court of Nigeria in 1989. I practised in various law firms in Nigeria, did primarily corporate and commercial transactional work and dispute resolution. In 2000 I went to King’s College London and earned an LLM (Corporate and Commercial) in 2001; qualified as a Solicitor in England and Wales in 2002 and obtained my PhD in law (thesis focus was on the arbitrator’s contract) from the University of London (Queen Mary and Westfield College — now known as Queen Mary University of London) in 2007, and joined SOAS as a lecturer in the same 2007. At SOAS I have held different academic leadership roles including, Associate Dean (Learning and Teaching); Director (Student Experience) and twice as Acting Deputy Vice Chancellor (Education) and since 2020, a full professor of international commercial law at the College of Law. I am currently completing my role as the inaugural Director of the SOAS Arbitration and Dispute Resolution Centre (SADRC) which I along with other colleagues founded in 2023.
2. In your view, how has the landscape of international commercial law evolved over the course of your career, particularly in relation to cross-border trade and investment?
Yes, and some are very positive while some are also concerning. Positives: cross-border trade and investment have grown in volume and value with advisors and disputes lawyers specialising in various relevant subjects, and we have also seen the rise (and dominance) of economic and technical experts in support of cross- border disputes. Concerning: there is a noticeable increase in the number of investment arbitration cases against States generally. It is concerning if States are not learning anything from the Investor—State Dispute Settlement (ISDS) cases and changing their behaviour to enhance investment opportunities to tap the benefits of foreign direct investment (FDI) inflows. This may also imply that Small and Medium Enterprises (SME) investments and investors may be locked out of the ISDS system because of the high cost of accessing justice through it.
3. Drawing on your experience in international arbitration and commercial contracts, where do you see the most significant gaps or weaknesses in existing international commercial legal frameworks?
Ethics: some parties (and maybe some counsel) are adopting various tactics that lengthen the time and cost of resolving disputes. The concern is where ethics is not taken seriously and properly regulated, confidence in the dispute resolution mechanism will erode and this affects legitimacy and acceptance by the public (users) leading to a retreat from the use of the dispute resolution mechanism. This may lead to self-help and further erosion of the Rule of Law. The various codes of conduct — Chartered Institute of Arbitrators (CIArb), United Nations Commission on International Trade Law — International Centre for Settlement of Investment Disputes (UCITRAL-ICSID), Singapore International Arbitration Centre (SIAC), etc. within arbitration are all welcome but we need robust implementation, transparency, and publication of their application — in this way the community will appreciate that these are not just “niceties” to have but binding and effective tools that its purveyors will actually use. The courts and secretariats of arbitration institutions are leading in this regard with the publication of their arbitrator challenge decisions [e.g., London Court of International Arbitration (LCIA), Permanent Court of Arbitration (PCA)].
4. What practical steps should countries take to strengthen their domestic commercial statutes and practices to better align with international standards while protecting local interests?
We may need to consider harmonisation instruments such as those produced by organisations such as International Institute for the Unification of Private Law Principles of International Commercial Contracts — UNIDROIT (UPICC) and United Nations Convention on Contracts for the International Sale of Goods — UNCITRAL (CISG) and encourage their adoption and use, and share information on interpretation, etc. For some developing countries, they will need to modernise their commercial laws, for example, to provide for modern usage and technologies. Another step may be clear policy in support of party autonomy with very few mandatory rules — this will empower businesses to imaginatively regulate their transactions and relationships. Examples of such tools include the International Chamber of Commerce (ICC-Incoterms), Uniform Customs & Practice for Documentary Credits (UCP), etc.
5. Looking ahead, what emerging trends or developments do you believe will most significantly influence the future of international commercial law and arbitration?
Commercial law: Move towards electronic documentation and validity of such documents; digital assets and new forms of transactions driven by technology (and artificial intelligence).
Arbitration: greater subject-matter specialisation by dispute resolvers or arbitrators; move towards dispute avoidance mechanisms; the emergence or acceptance of dispute resolvers or neutrals (e.g., arbitrators) as a separate discipline with the increase in the number of independent practitioners that only practice as dispute resolvers. Colleagues also say that reference to mediation is on the increase (though I do not see this in my practice).
6. For law students and young practitioners aiming to build a career in international commercial law, what skills or experiences would you recommend they prioritise?
A postgraduate learning for deeper understanding of the principles and underpinning theories so they understand the why of the rules. Participating in moots is an excellent way of developing skills, deeper knowledge, understanding, and integration of various aspects of their learning to solve a clearly defined problem. Where possible, internships in the particular subject area is also very helpful for practical skills-based experience. Informal mentoring (led by the mentee) by experienced practitioners in the particular field that will be willing to share their experience, guide, and where possible provide opportunities for further learning and practice. Participating in young members groups is also very helpful for networking, learning, visibility, etc. that may lead to professional opportunities. The individual must know what career pathway they want at this period in their career, and plan themselves — it is becoming rarer for people to stumble into these career pathways, intentionality is needed.
7. Through your work — including the Arbitration in Africa Survey and initiatives like the Arbitration Fund for African Students, what lasting impact do you hope to have on the next generation of legal professionals?
Active and skilled participants in international arbitration — in any aspect of the profession they wish. I am hopeful that as we provide connections, lead through our examples, and support young colleagues to direct their career path by themselves with confidence, that we will support them to develop into active, skilled professionals in this field of practice.
1. Professor at International Commercial Law, College of Law, SOAS University of London.