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Team – John Mbaluto FCI Arb

John Mbaluto FCI Arb

 
Deputy Managing Partner | Kenya

PROFILE

John is the Deputy Managing Partner at Oraro & Company Advocates in the dispute resolution practice group. With over 13 years of experience, John has represented and advised local and international clients particularly in construction law, employment and labour law, pension law, banking, and commercial disputes, and constitutional law.

John has represented and advised clients in a wide variety of sectors including construction, education, financial services, Insurance, and transport & logistics.

Recently, he attained qualification as a Fellow of the Chartered Institute of Arbitrators (FCIArb), a globally recognized standing in arbitration circles.

Additionally, John is proud to steer the firm’s publications committee which has to date successfully published 13 issues of Oraro & Company Advocates’ flagship newsletter – Legal & Kenyan.

John holds an LLB from the University of Warwick, United Kingdom and a Post-graduate Diploma in Law from the Kenya School of Law.

“John is well regarded for his expertise in advising employee associations and trade unions.”

Experience

Acting for a privately owned limited-by-liability company registered and incorporated in South Sudan, Kenya and Ethiopia that deals in construction, logistics and supply-chain services, in a domestic arbitration based on a claim by the contractor against the employer for the payment of the development costs of a university campus complex constructed by the Claimant, running into the hundreds of millions of shillings.

Acting for an Insurance Company in a potential claim of approximately USD 12 million for impaired assets against three insolvent companies, where it invested in notes and commercial paper.

Represented an electric power generation company in a constitutional case involving the competing fundamental rights and freedoms under the Bill of Rights, particularly the freedom of expression, the right to access to information, the freedom of the media and the right to privacy.

Part of a team representing one of the largest and longest-established private equity fund managers focused on Africa in an anti-suit injunction application where the parties are not a party to shareholders and management agreement

Part of the team which represented a telecommunications company in an employment dispute and incidental negotiations of USD arising from a redundancy exercise of two thousand six hundred (2,600) employees taking part in the where a settlement of USD 3 million was reached.

Represented Central Bank of Kenya in a case in which the petitioner sought to stop the largely popular transfer of money services provided by mobile telephone companies including Safaricom’s “M-Pesa” and “Airtel Money”.

Part of a team that represented the largest teachers’ trade union in a historic 2015 pay rise dispute against the teachers’ employer.

Insights

Google LLC v Oracle America, Inc.: The Fair Use Doctrine in Copyright Law

The More, the Wiser: Empanelment of Extraordinary Benches in the Court Of Appeal

The Beat Goes On: The Right of Appeal from High Court Decisions on Arbitral Awards

Tightening Loose Ends: Capital Markets Authority’s Power and Role in Combating Insider Trading

Medicare in the Employment Context

Education

LLB from the University of Warwick

Post-graduate Diploma in Law from the Kenya School of Law