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Professor Nelson Enonchong - International Arbitration & Trade

Professor Nelson Enonchong read law at the University of Yaounde and Jesus College, Cambridge, and is now the Barber Professor of Law at the University of Birmingham. He has particular expertise in international arbitration, international sale of goods and supply of services, financing of international trade and private international law.

INTERNATIONAL ARBITRATION

He is a Fellow of the Chartered Institute of Arbitrators (FCIArb). His expertise and experience include both ad hoc (including ad hoc arbitrations under the UNCITRAL Arbitration Rules) and institutional arbitration, including arbitration under the rules of the ICC, LCIA, ICDR and ICSID. He also has expertise in national arbitrations involving a variety of national laws including England and Wales, Cameroon, Hong Kong, Nigeria and Singapore. Recent arbitrations include:

  • Sole arbitrator, in a dispute concerning a contract for corrosion surveys of oil and gas pipelines, under UNCITRAL Arbitration Rules.
  • Co-arbitrator, in a US$35m LCIA arbitration concerned with the interpretation of a Joint Operating Agreement relating to the operation of an oil mining lease.
  • Co-arbitrator, in a US$20m LCIA arbitration concerned with a claim for breach of warranty in a share sale and purchase agreement.

INTERNATIONAL TRADE AND FINANCE

In the area of international trade and finance, he has expertise on a wide range of international trade terms, including traditional terms such as FAS, FOB, CIF, and C & F and also INCOTERMS. He has special expertise on payment and financing of international trade especially involving bills of exchange, letters of credit or demand guarantees. He is the author of one of the leading texts on letters of credit and demand guarantees (see paragraph on Books below). He has acted in cases involving international sale of goods and private international law issues. Examples include:

  • Successfully obtained a worldwide freezing injunction against an English company (with bank accounts outside the jurisdiction), to assist proceedings in England against the company for misrepresentation and breach of a contract for the international sale of goods.
  • Advised in relation to potential proceedings in the English courts for the enforcement of a foreign judgment against a foreign state entity (raising issues of state immunity).
  • Advised on the private international law issues relating to the effectiveness of a power of attorney executed in England to authorise the use of immovable property in a foreign country as security for a facility from a bank.
  • Advised on the private international law issues in disputes arising out of the administration of property in England following the grant of letters of administration in a foreign country and re-sealed in England by an English court.

PUBLICATIONS

He has written books for leading publishers including Oxford University Press and Sweet & Maxwell and has been widely published across legal and scholarly journals including Law Quarterly Review, Modern Law Review, Oxford Journal of Legal Studies, Lloyd’s Maritime and Commercial Law Quarterly, Restitution Law Review, and International and Comparative Law Quarterly.

Books

  • Duress, Undue Influence and Unconscionable Dealing 2nd Edition– 2012, Sweet & Maxwell
  • The Independence Principle of Letters of Credit and Demand Guarantees (2011, Oxford University Press). For details please click here to view the publisher's website.
  • Duress, Undue Influence and Unconscionable Dealing – 2005, Sweet & Maxwell
  • Illegal Transactions – 1998, Lloyd’s of London Press

Articles

  • “Enforcement in England of Foreign Arbitral Awards Based on Illegal Contracts” [2000] Lloyd’s Maritime and Commercial Law Quarterly
  • “Public Policy in the Conflict of Laws: A Chinese Wall Around Little England” (1996) 45 International and Comparative Law Quarterly 633 – 661
  • “Service of Process in England on Overseas Companies and Article 5(5) of the Brussels Convention” (1999) 48 International and Comparative Law Quarterly 921 – 936
  • “Harmonization of Business Law in Africa: Is Article 42 of the OHADA Treaty a Problem?” (2007) 51 Journal of African Law 95-116.

Professor Enonchong has a working knowledge of French.

For his academic profile click here 

QUALIFICATIONS
LLM, PhD (Cantab)
Barber Professor of Law, University of Birmingham
 
MEMBERSHIPS

Fellow of the Chartered Institute of Arbitrators
Honourable Society of the Inner Temple
Society of Legal Scholars
The Cameroon Bar Association
Member of Editorial Board, Business Law Internationa
Co-editor, Journal of African Law
Member of Editorial Board, African Journal of International and Comparative Law