SOAS University of London

School of Law

Mark Wasunna

LLB Hons (University of Sheffield), LLM (University of Sheffield)
  • Research

Overview

Mark Wasunna
Name:
Mark Wasunna
Email address:
Thesis title:
Difficulties Caused by the Doctrine of Public Policy when Enforcing Foreign Arbitral Awards: A Case Study of Kenya and Comparing this to the United Kingdom and Malaysia. Supervisors
Internal Supervisors

Biography

Mark is a lawyer who trained in the United Kingdom. He completed both LLB Honours (Law and Criminology) - 2016 and LLM (Corporate and Commercial Law) - 2017 at the University of Sheffield. Mark subsequently returned to Kenya to undertake a Postgraduate Diploma at the Kenya School of Law, which he successfully completed and is awaiting to be admitted as an Advocate of the High Court of Kenya. During his training at the Kenya School of Law, he also worked with John Mburu and Company Advocates, in Nairobi where he had invaluable first-hand experience working on a wide range of legal and arbitral matters. As a law student, Mark worked as an intern at Bowmans (Coulson Harney LLP) in Nairobi. He is currently a Member of the Chartered Institute of Arbitrators. Mark has keen interest in Alternative Dispute Resolution (ADR), International Arbitration and the role the Courts play in Arbitral matters especially in developing nations. He is also interested in the governance and economic development in Africa through the application of the Law. Mark’s main hobbies are playing football, travelling, and listening to music.

PhD Research

This study is based on the interpretation of the doctrine of public policy as found under Article V(2)(b) of the New York Convention in which Kenya will be used as a representative case study of selected East African Countries in order to establish the role that the national courts play when applying the public policy exception under Article (V)(2)(b) of the New York Convention. Malaysia will provide the case study showing how a developing country with one of the world’s fastest growing economies, much like Kenya, can amend their national laws in order for the national courts to take a narrow view of public policy when rejecting the recognition and enforcement of foreign arbitral awards. Finally, the United Kingdom will be used as a case study to highlight the best practices from a well-established common law jurisdiction from which Kenya can emulate to reform their national laws regulating public policy as an exception courts can use when rejecting the recognition and enforcement of foreign arbitral awards.

Ultimately, this research study will aim to suggest reforms at both transnational and national level that can be implemented in order to prohibit the national courts within Kenya from being used by parties to rely on a wide scope of public policy as defined under Article V(2)(b) of the New York Convention to challenge the recognition and enforcement of foreign arbitral awards. It is envisaged that this will assist in enhancing the arbitral process in Kenya and also boost foreign investment within the East African region as a whole. 

Research

Alternative Dispute Resolution (ADR), International Arbitration, governance and economic development in Africa.