THERESOLVER
T H E Q UA RT E R LY M AG A Z I N E O F T H E C H A RT E R E D I N S T I T U T E O F A R B I T RAT O R S
Tribute to Lord Mustill, former CIArb President Survey affirms international arbitration as preferred dispute resolution mechanism How to go paperless In pictures: Hong Kong Centenary Conference Guide to training and courses August 2015
www.ciarb.org
Breaking the mould Irvinder Bakshi on carving out a career in arbitration
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CONTACTS Redactive Publishing Ltd 17 Britton Street, London EC1M 5TP T: +44 (0)20 7880 6200 EDITORIAL T: +44 (0)20 7880 6200 E: editorial@ciarb.org Editor: Rima Evans Sub editor: Steve Smethurst Art editor: Adrian Taylor Picture editor: Claire Echavarry ADVERTISING Sales manager: Rav Kang T: +44 (0)20 7880 8545 E: rav.kang@redactive.co.uk PUBLISHER Jason Grant E: jason.grant@redactive.co.uk PRODUCTION Production manager: Jane Easterman Senior production executive: Aysha Miah
Chartered Institute of Arbitrators 12 Bloomsbury Square, London WC1A 2LP, UK T: +44 (0)20 7421 7444 E: info@ciarb.org W: www.ciarb.org MEMBERSHIP T: +44 (0)20 7421 7447 E: memberservices@ciarb.org PR & COMMUNICATIONS T: +44 (0)20 7421 7483 Olivia Staines E: ostaines@ciarb.org MARKETING T: +44 (0)20 7421 7481 Mary-Jane Hawkins E: mhawkins@ciarb.org EDUCATION AND TRAINING T: +44 (0)20 7421 7439 E: education@ciarb.org EVENTS T: +44 (0)20 7421 7427 E: events@ciarb.org VENUE AND FACILITIES T: +44 (0)20 7421 7423 Giles Andrews E: GAndrews@ciarb.org LEGAL SERVICES Tony Marks (Interim Director) legal@ciarb.org DISPUTE APPOINTMENT SERVICE Keisha Williams DAS@ciarb.org
© THE RESOLVER is published on behalf of the Chartered Institute of Arbitrators (CIArb) by Redactive Publishing Ltd (RPL), 17 Britton St, London EC1M 5TP. This magazine aims to include a broad range of opinion and professional issues and articles do not necessarily reflect the views of CIArb nor should such opinions be relied upon as statements of fact. All rights reserved. This publication may not be reproduced, transmitted or stored in any print or electronic format, including but not limited to any online service, any database or any part of the internet, or in any other format in whole or in part in any media whatsoever, without the prior written permission of the publisher. While all due care is taken in writing and producing this magazine, neither CIArb nor RPL accept any liability for the accuracy of the contents or any opinions expressed herein. Printed by Gemini Press. ISSN 1743 8845 DISCLAIMER: The contents of this publication are not intended to be a substitute for either general or specific legal advice on individual matters, and readers are strongly encouraged to seek competent legal advice. Registered Charity N0−803725
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Charles Brown
LEADER
AT OUR CENTENARY EVENTS THE DISCUSSIONS look forward and back in time and the question is asked: What will CIArb look like in the coming decades? My conversations with members demonstrate a clear understanding that we cannot stand still and that our activities and strategy to promote ADR must involve a continuous and innovative evolution. This is particularly clear in our training and education remit and role as a learned society. Our branches are well placed to lead these exciting developments with support from the Executive in London and the regions. Let me give you a flavour of the future direction of travel. Our training and accreditation of Associates, Members and Fellows is conducted to the same high standards worldwide. It is our ‘golden thread’ that we must continually sustain and improve to meet the demands of our members. The education of individuals and users of ADR is slightly different. Many simply want a detailed understanding of the process. Senior executives increasingly need to understand the dynamics of disputes and the process of negotiation, mediation and arbitration to resolve them. In arbitration, there is a growing need for trained and accredited arbitration secretaries to assist tribunals with the administration of the process from commencement to final award. These are all new areas where the Institute is taking the initiative and providing new courses to meet the demand. The Royal Charter mandates us to provide a thought leadership role in ADR. This is provided through our guidelines of best practice and by discussion and engagement with governments and other professional bodies around the world. Finally, our Centenary conferences this year are of the highest quality and the organising committees are to be congratulated. Such conferences are an important part of our learned society role and position CIArb at the cutting edge of ADR thinking. Do have your say and join in the debate about our future. I look forward to meeting you at one of the Centenary events that are continuing until the end of the year.
Our activities to promote ADR must involve a continuous and innovative evolution
Charles Brown C.Arb President of CIArb
CONTENTS WATCH 4-5 News: Corporate counsel prefer international arbitration to litigation; Former CIArb President Lord Mustill remembered; President Elect of LCIA Court announced
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Law round-up: Secretary of State for Defence v Turner Estate Solutions Ltd [2015] EWHC 1150 (TCC) and Y v S [2015] EWHC 612 (Comm)
REGULARS AND FEATURES 6 8 10 14 15 16 18
Regional focus: International commercial arbitration is growing steadily in Asia, but how can the region ensure it continues to flourish? Opinion: The Jerusalem Arbitration Center may help bring more stability to the region Cover: An interview with Barrister and Chartered Arbitrator Irvinder Bakshi, the recently appointed Chair of CIArb’s London Branch How To… go paperless CIArb branch news: Updates on AGMs and Centenary events from around the world CIArb events: A photographic record of CIArb’s Hong Kong Centenary Conference What’s On: Round-up of upcoming training courses
August 2015 | THERESOLVER
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WATCH
The number of cases administered by the Permanent Court of Arbitration during 2014 Source: PCA
International arbitration tops survey Confidentiality a key factor in dispute resolution for most corporate counsel International arbitration is the preferred dispute resolution mechanism over litigation, a survey of corporate counsel shows. The 2015 Litigation Trends Annual Survey by Norton Rose Fulbright showed that nearly half of all respondents favoured arbitration. A quarter preferred litigation and the same proportion said “it depends.” Across all regions and industries more than two thirds of businesses earning revenues of between USD 5 billion and 10 billion said
they preferred arbitration. For companies with higher revenues the response was more likely to be “it depends.” Confidentiality was cited by the largest number of respondents as the reason international arbitration was attractive followed by speed (39 per cent); enforceability of awards (35 per cent); cost effectiveness (33 per cent) and right to appoint an arbitrator (28 per cent). Avoidance of a jury was seen as important for 19 per cent of respondents.
A quarter of respondents said they had been party to an arbitration in the previous 12 months. Most respondents – 81 per cent – expect the number of arbitrations involving their companies to stay the same over the next 12 months. Infrastructure, mining and commodities companies were the most likely to have been party to an arbitration. Sherina Petit, an International Arbitration Partner at Norton Rose Fulbright said: “The survey
ALAMY
Mediation has so far helped 172 homeowners to avoid foreclosure on Hawaii Island. The Foreclosure Mediation Pilot Project was ordered by the Hawaii Supreme Court in late 2009 in response to a spike in foreclosure rates that became one of the highest in the US. Services are offered by Ku’ikahi Mediation Center and West Hawaii Mediation Center with support from the Third Circuit Court. The mediation process aims to provide relief to homeowners within a process they can access and understand. Meaningful discussions are held between lenders and borrowers to find resolutions such as the homeowner retaining their home through loan modification or reinstatement. If retention is not possible, other options such as a short sale, deed in lieu or cash for keys can be discussed.
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highlights that international arbitration was the respondents’ preferred means for the resolution of complex, crossborder, high-value disputes, with London rated as the most popular seat for arbitration. “For global companies and institutions that are mindful of publicity that may result from litigation, confidentiality in arbitrations is highly attractive.” The survey involved 803 participants for companies from 26 countries.
Rod O’Driscoll remembered CIArb members will have heard with sadness of the recent death of mediator Rod O’Driscoll C.Arb MBEng and a qualified Solicitor of the Supreme Court, writes CIArb President Charles Brown C.Arb. Rod was a stalwart of CIArb and the South East Branch where he served on the committee in a number of roles going back many decades. I also knew him as a great teacher on our Pathway courses who understood the importance of maintaining the quality of our courses and thereby the reputation of our Institute. He was a highly respected arbitrator and mediator in the UK and overseas. He will be greatly missed by his many friends in our Institute.
THERESOLVER | August 2015
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Centenary Conference → More than 230 participants attended CIArb’s Hong Kong Centenary
Conference in March, including Andrew White QC (pictured)
The Rt Hon Lord Mustill, 1931-2015 CIArb has paid tribute to its former President Lord Mustill who passed away in April. Michael Mustill was a former Vice President of the Court of Arbitration of the International Chamber of Commerce and Chairman of the Departmental Committee on Law of Arbitration. As both a distinguished author and practitioner, his contributions to the development of arbitration will always be remembered by the dispute resolution community. W Ray Turner FCIArb and former Chairman of CIArb said: “Many who knew him will feel as though Michael Mustill has always been there, available to contact, ready to listen, to comment or discuss, to help, and always to do so with tremendous, and not infrequently impish, good humour. “He has played a substantial part in the development of arbitration, in the UK and in a
PHOTOSHOT
The Judge and Barrister was a former CIArb President
Baron Mustill of Pateley Bridge
much wider field, embracing the law, practice (at the Bar, as a member of the judiciary, and as an arbitrator), and (through his authorship) the dissemination of that knowledge and experience.
“To those practising arbitration under English law, his part as Chairman of the DAC in the 1980s and specifically by way of what in 1989 became known as The Mustill Report, was fundamental in (instead of adopting or moving towards the UNCITRAL Model Law) steering English law towards further discussions, thus leading to what became the Arbitration Act 1996. “Skilled at lightening an otherwise serious and possibly complex talk, be it a learned paper, a lecture, or an afterdinner speech, he was always determined to do justice not only to his topic but to the particular audience too. “His knowledge of the law was profound, his experience substantial, his ability to project that knowledge and experience was unfettered by personal convenience; never one to seek plaudits, he was in every sense a tremendous human being.”
Draft CIArb Principles are unveiled CIArb’s draft Principles on what makes an effective seat in international commercial arbitration were revealed at July’s London Centenary Conference. The highly anticipated Principles cover a wide range of topics. These include the law, judiciary, legal expertise, education, right of representation, accessibility and safety, facilities, ethics, enforceability and immunity. Once finalised they will be published and circulated to a wide audience along with discussion from contributions made at the conference. The Principles were developed by 14 leading arbitration
practitioners from around the world including: The Rt Hon Lord Goldsmith QC PC, Professor Doug Jones AO C.Arb, Judith Gill QC FCIArb, Wendy Miles QC FCIArb, Peter Rees QC C.Arb and CIArb Director General Anthony Abrahams MCIArb. Professor Doug Jones, Chairman of the Centenary, said: “The aim of the Principles is to have a point of reference for development, debate and judgment in future. They will set the scene for the next 100 years of the contribution of the Institute to learning and development of alternative dispute resolution around the world.” The Centenary conference, held at the London Guildhall,
New President Elect of LCIA is Judith Gill The President Elect of the LCIA Court is Judith Gill QC FCIArb, it has been announced. She will take over from the current President Professor William W (Rusty) Park in May 2016. As President Elect, Gill will work closely with Professor Park over the next year. The Court has not had an English President since the 1980s when Sir Michael Kerr served as its first President. Bill Rowley, Chairman of the LCIA Board, said: “I cannot think of a better person than Judith to return the presidency to the UK. That Judith will carry out her duties primarily from her new Singapore base is an added plus. “With the recognised importance of international arbitration to dispute resolution in Asia and the gold standard of service the LCIA provides to its users, Judith will be uniquely placed to help make the benefits of the LCIA clause known in Asia.” Gill is one of the leading practitioners in international arbitration. She has been a member of the LCIA Board of Directors since 1998 and will continue to sit on the Board when she takes up the Presidency.
Notice of corrigendum
CIArb Patron The Hon Chief Justice Sundaresh Menon
heard from many distinguished speakers including CIArb Patron The Hon Chief Justice Sundaresh Menon and The Rt Hon the Lord Neuberger of Abbotsbury PC.
Page 100 of the Institute’s Centenary Book, A History of the Chartered Institute of Arbitrators, published a photo of Charles Kaplan instead of the Institute’s Past President and Chartered Arbitrator Neil Kaplan CBE QC SBS FCIArb. The Institute recalled all un-sold copies to correct this error. All Centenary Books sold after 1 June 2015 include a replacement photograph of Past President Neil Kaplan and an errata slip. August 2015 | THERESOLVER
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REGIONAL FOCUS ASIA The growing popularity of Asia as a destination for international commercial arbitration is partly down to its capacity for innovation. But how can the region ensure it continues to flourish?
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Asian tigers lead the way on arbitration There has been an extraordinary swing towards arbitration in Asia over the past decade or so, helping the region to establish itself as a powerhouse in the international arbitration arena. This shift coincided with an exponential growth in global transnational commercial activity that fuelled demand for cross-border dispute resolution services. It has been sustained by the response from Asia in boosting its arbitration institutions and also by amending outdated laws. Francis Xavier SC C.Arb, Regional Head, Dispute Resolution at Rajah & Tann in Singapore, says there has been a proliferation of arbitral bodies established in recent years. “Examples include the Japan Commercial Arbitration Association ( JCAA) and the China International Economic and Trade Arbitration Commission (CIETAC). “Growing numbers of Asian jurisdictions are updating their laws and adopting the principles from UNCITRAL Model Law. Singapore and Hong Kong were the pioneers in this respect, adopting the Model Law in 1995 and 1990 respectively. Other Asian jurisdictions are fast catching up either by adopting the Model Law or amending local legislation to incorporate key elements from it. India did so in 1996, Korea in 1999, Thailand in 2002, Japan and the Philippines in 2004 and Malaysia in 2006.”
The region has adapted successfully to make it more attractive to investors seeking dispute resolution. However, a trend that is coming to define the area in terms of the mark it is making on the international arbitration landscape is its capacity for innovation. Xavier says: “Some Asian arbitral institutions are pushing the boundaries when it comes to the law and practice of arbitration.” This is particularly true of Singapore. Figures from the Singapore International Arbitration Centre (SIAC) show that its caseload quadrupled between 2003 and 2013. While its geographic location (at the heart of South East Asia and near the two fastest growing Asian economies, China and India) makes it a transport hub, its excellent infrastructure is also a contributory factor to its rising popularity. Paul Sandosham C.Arb, Partner at Clifford Chance Asia, says its facilities are world class, an example being Maxwell Chambers, an innovative and dedicated state of the art arbitration complex, the first of its kind in the world. Significantly, SIAC became the first arbitral centre in Asia to introduce emergency arbitrator provisions. The procedure has since been adopted in Asia by the Hong Kong International Arbitration Centre (HKIAC), CIETAC and JCAA and it is a trend that is growing in momentum worldwide.
Sandosham explains its use in offering interim relief before the constitution of a tribunal. “It can take up to six months to establish a tribunal, particularly if appointments can’t be agreed upon. Either party may require emergency relief in the meantime, for instance, for an injunction restraining the other party from breaching a confidentiality obligation. “Historically, if you needed emergency relief, one would turn to the domestic courts. Now, in Singapore using the Emergency Arbitration procedure under the SIAC Rules, an emergency arbitrator can be appointed within a day. A timetable will be set out for the parties to be heard within a couple of days and orders made thereafter.” Sandosham adds: “It works really well. In Singapore, to date, there have been 44 cases where an emergency arbitrator has been appointed under the SIAC Rules. Orders were made, on average, within two and a half days of the request being made. It is very speedy.” Xavier points out another notable innovation from Asia – arbitral institutions administering cases based on the rules of other institutions. “It remains infrequent. But CIETAC, SIAC and HKIAC have overseen cases under hybrid arbitration agreements.” While these changes are clearly influencing arbitration practice worldwide, Asia still has its
THERESOLVER | August November 2015 2010
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ISTOCK
challenges. In certain jurisdictions there is still a propensity for court intervention and the instrument of ‘public policy’ to be used as grounds for challenges to arbitral awards. This is despite many countries being signatories to the New York Convention. “There are still two ends of the spectrum,” says Sandosham. “The very pro-arbitration jurisdictions and those countries where the courts still have a propensity to interfere with the arbitration process since they are still not that familiar with arbitration.” Indonesia can present challenges, for example. Article 66(d) of the Indonesian Arbitration Law (Law No 30 of 1999) provides that only international arbitral awards that do not conflict with public order may be enforced in Indonesia. Xavier explains that in Karaha Bodas Company LLC v Pertamina the Indonesian court equated the reference to ‘public order’ with domestic notions of law and order, as opposed to limiting public policy to fundamental notions and principles of justice. He says: “Fortunately, the Indonesian Supreme Court has reversed Pertamina, which may be reflective of a positive change in how the ‘public order’ exception is construed.” Six out of 29 foreign arbitral awards invalidated prior to 2011 by the Jakarta first instance courts had been invalidated on
grounds mostly relating to public policy. But between 2010 and 2014, there were 63 international arbitral awards registered in Indonesia with no significant difficulties in execution, he adds. In fact, Xavier points out that the barriers posed by court intervention across the wider Asia region are gradually being lifted. “The jurisdictions most affected are aware of this problem and when examining more recent decisions of those courts, it is heartening to note that a more arbitration-friendly note is being struck.” Other challenges that may lie ahead include the use of thirdparty funding in international arbitration. It is a trend that will have to be closely monitored, warns Xavier. “In 2012, a European gas company announced that a Luxembourg fund would finance its €1 billion ICSID claim and in 2013 a Canadian mining company made an agreement with a third-party funder to cover the costs of a multi-billion arbitration claim brought by its subsidiary against Bolivia. “It is suggested that increased use of third-party funding may help to level the playing field in terms of access to arbitration, where the prohibitive cost of commencing proceedings forms a significant barrier for parties seeking to arbitrate their disputes.” However, Xavier adds:
“The learned Chief Justice of Singapore Sundaresh Menon has said that this trend will surely reach Asia, noting that in the arbitration context there is a virtual absence of any form of regulation.” So how can Asia continue to retain its popularity in respect of international arbitration and remain competitive? The focus will have to be on its continual improvement to cut costs and time, two longstanding criticisms of the process. Asia needs to evolve to embrace innovative measures to make arbitration more accessible and effective. Xavier says that Asia needs to continue to adopt methods such as ‘hot-tubbing’ (obtaining evidence from multiple experts at the same time through discussion); limiting requests for production of documents; minimising paper documents and making greater use of electronic documents; and using documents only submissions. “Asian arbitrators, arbitral institutions and arbitration users may wish to explore utilising such techniques in response to the increasing cost of arbitration,” he adds. Richard Tan C.Arb, Chairman of the Singapore Branch of CIArb, sums up by adding: “Asia’s cultural and legal diversity poses various challenges. The civil law traditions of certain Asian countries mean that counsel and arbitration users from these countries may not be as familiar
with, or indeed fond of, certain practices like extensive crossexamination or document production that their common law counterparts are accustomed to. A more level playing field is required which will require blending different practices and customs, and arbitrators being more adept and sensitive in dealing with parties and counsel from different backgrounds and jurisdictions and more ready to use different and innovative techniques.” Tan also explains that institutions themselves must continue to innovate to provide better and more cost-efficient solutions for users. “Counsel, arbitral institutions and, indeed, judges and legislators need to be constantly alive to change and ready to innovate if international arbitration is to survive and grow, particularly in Asia, but also around the world. “We expect that the CIArb Singapore Centenary Conference will address and find solutions to some of these issues.”
MORE INFO CIArb’s Singapore Centenary Conference, ‘The Age of Innovation: Addressing the Perils and Promises of Arbitration’ will be held on 3-4 September. Paul Sandosham is Chair of the Centenary Singapore Organising Committee and Francis Xavier is a member of the Organising Committee. Richard Tan is the Chairman of the Singapore Branch of CIArb. For more information or to book go to www.ciarb.org/centenary/conference-sin
August 2015 | THERESOLVER
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OPINION JERUSALEM ARBITRATION CENTER
Baruch
Baigel A new arbitration centre may help to support and develop commercial relations between Palestinians and Israelis – bringing more stability to the region
Baruch Baigel FCIArb is a solicitor at Asserson Law Offices and the English law advisor to ICC Israel and JAC. Benjamin Silverton is an Associate at Fischer Behar Chen Well Orion & Co.
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Benjamin
Silverton
THE ISRAELI-PALESTINIAN any international contract, parties conflict rarely leaves the generally prefer a neutral collective global consciousness. jurisdiction for resolution of At the start of the year the disputes. This desire for neutrality Palestinian Authority signed up is even stronger in contracts to the New York Convention, a between Israelis and Palestinians step that may be helpful in the where there is inherent suspicion quest towards reconciliation about the other side’s legal system. between the two sides. A clear issue arose: Palestinians An important truth, largely were resigned to the fact there was unknown, is that Israel and the a lack of an effective dispute Palestinian Authority are resolution mechanism outside of important economic partners and the Israeli Court system. Israeli have been for some time. companies were unable to enforce According to the Bank of Israel, hard won judgments in the West trade between them has been Bank and Gaza. In addition, valued in excess of $4 billion. international investors from the The economics Arab world are clear. Israelis would often The Jerusalem rely on choose not to Arbitration Center invest in bilateral comparatively was born in 2013, cheaper labour projects, wary of a joint venture costs in the being forced to between Israeli and Palestinian submit to the Palestinian ICC Authority and national committees Israeli Palestinians have jurisdiction. access to a Businessmen developed market right on their on both sides soon recognised doorstep. The hope is that that the trend towards economic harmony can bring international arbitration could prosperity and stability to the be used to provide an effective region. However, the key is to dispute resolution mechanism ensure that there is a hospitable that bypassed the wider national environment to incubate trade. disputes between the two Business cannot exist in a vacuum. economies. Israeli companies, generally Thus, in 2013 the Jerusalem larger and in a stronger Arbitration Center ( JAC) was commercial position for born, a joint venture between the negotiations, will not agree to Israeli and Palestinian national submit to jurisdiction in the West committees of the global Bank or the Gaza Strip. Contracts International Chamber of are therefore often under Israeli Commerce (ICC) based in Paris. law and jurisdiction. At the same JAC’s mission is to resolve time, Palestinians have always felt disputes between Israeli and uncomfortable submitting to the Palestinian businesses. By creating jurisdiction of the Israeli courts, a stable independent dispute which they see as part of an resolution mechanism, crossinfrastructure of occupation. In border trade can increase and
deepen. Such mutually beneficial relationships can serve as a model of tolerance and understanding for the whole region. The JAC Rules are unique. While JAC was set up in association with the ICC, it has its own rules and local administration. JAC opened to much fanfare, however no dispute has yet been brought under its auspices. There may be a long lead time between parties entering into a contract with a JAC clause and a dispute arising. But there are other good reasons for this. The first parties to arbitrate under JAC may well be subject to media scrutiny. This would negate one of the main advantages of arbitration, confidentiality. Practical hurdles also remain as to whether enforcement of a JAC award would be as simple as other arbitral awards. The fact that the Palestinian Authority has signed the New York Convention should give parties further confidence that JAC awards are more likely to be recognised by courts in Israel and the West Bank. However, to those involved with JAC, the lack of caseload is unsurprising and unconcerning. Its goal was to set the region on a process of institutional evolution. JAC insiders have confirmed they believe there are around 100 contractual agreements containing JAC arbitration clauses. A number of international corporations in the region have also expressed interest in resolving disputes through JAC. JAC is a great idea that needs time. The hope is that it will form part of a new wave of legal institutions to support and develop commercial relations between Israelis and Palestinians.
THERESOLVER | August 2015
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LAW
An overview of recent key court cases
ROUND-UP APPLICATIONS UNDER SECTION 45: DETERMINATION OF PRELIMINARY POINTS OF LAW
THE CASE ○ ARBITRATION
Secretary of State for Defence v Turner Estate Solutions Ltd [2015] EWHC 1150 (TCC)
SSD ENGAGED TES TO CARRY OUT DESIGN AND construction works at HMNB Clyde. The contract was a maximum price target cost contract. The target cost would be adjusted if there were delays entitling TES to an extension of time or if there were changes. TES’s remuneration would be based on its actual costs, plus profit, although the final price payable was calculated by a comparison of the actual costs with the target cost, so that the parties could share any cost over-runs or under-runs. There were also provisions stipulating a maximum price which, although capable of adjustment, could not be exceeded. A dispute arose concerning the proper interpretation of the contract and the matter was pursued in arbitration (the second such arbitration between the parties). TES made a claim for £68 million over the current maximum price and SSD counterclaimed for overpayment. Subsequently, SSD made an application under section 45 Arbitration Act 1996 for the court to determine two preliminary questions of law. TES accepted that some of the preconditions within section 45 were fulfilled but reserved its position as to others. Thus, when the matter came before the High Court, there were two separate areas of dispute: whether or not section 45 was engaged and, if so, what the answers were to the two preliminary questions raised by SSD.
○ THE JUDGMENT
○ WHAT IT MEANS
The court referred to the case of Taylor v Barnes. Coulson J held that there were five critical ingredients of an application under section 45, namely: (i) a question of law; (ii) which substantially affects the rights of the parties; (iii) which is being referred to the court either with the agreement of the parties or with the permission of the tribunal and, if the latter; (iv) the determination of the question is likely to produce substantial savings in costs; and (v) the application is made without delay. Accordingly, the court found that the application was properly made under section 45 Arbitration Act 1996 and then went on to deal with the relevant questions of law.
This case provides guidance as to the English Courts’ power to determine any question of law arising in the course of arbitral proceedings. The full judgment is available at:
→ www.bailii.org/ew/cases/EWHC/ Comm/2015/1150.html
Coulson J held that there were five critical ingredients of an application under section 45
DISCHARGE OF RESTRAINING ORDERS AND APPLICATIONS FOR LEAVE TO ENFORCE AN AWARD (WITH NOTICE)
THE CASE
Y v S [2015] EWHC 612 (Comm)
○ ARBITRATION
S ALLEGED THAT HE HAD ENTERED INTO AN AGREEMENT with Y. The agreement was said to have contained an arbitration clause. A dispute arose between the parties and the matter was referred to arbitration. Y contended that the agreement (including the arbitration agreement) was not binding and that, in any event, it did not contain an arbitration agreement. As a result, it asserted that the tribunal had no jurisdiction. The tribunal rejected that assertion and several other defences advanced on Y’s behalf and ultimately found in favour of S. Y challenged the tribunal’s jurisdiction under section 67(1)(a) Arbitration Act 1996. It also made an application for a stay of enforcement of the award, prior to its determination of this challenge. That application was made on behalf of Y to Flaux J without notice to S. Flaux J granted Y’s application thereby ordering, among other things, that no steps be taken by S to enforce the award prior to the determination of Y’s challenge. Subsequently, S made an oral application without notice to vary Flaux J’s order, in particular, paragraph 2, according to which S was prevented from enforcing the award. Andrews J was not prepared to discharge Flaux J’s order at a without notice hearing but instead varied it so as to suspend enforcement. S made an application for leave to enforce the award pursuant to CPR 62.18 (with notice). The court was asked to (i) discharge the order of Flaux J (as varied by the order of Andrews J) and (ii) grant leave under section 66 Arbitration Act 1996 to enforce the award.
○ THE JUDGMENT
The court held that the original orders of both Flaux J and Andrews J should not have been granted at all. It saw no sufficient practical need for paragraph 2 of Flaux J’s order either in its original form or as varied by Andrews J. Paragraph 2 of Flaux J’s order, as varied by the Andrews J’s order, was discharged and the section 66 application was granted.
least, for “caution” before any court intervention. The full judgment is available at:
→ www.bailii.org/ew/cases/EWHC/ Comm/2015/612.html Both reports by Julio César Betancourt MCIArb, Head of Research and Academic Affairs at CIArb, and Tony Marks FCIArb, Interim Director at CIArb.
○ WHAT IT MEANS
English courts have an inherent jurisdiction to make an order suspending enforcement of the award. However, the wording of section 1 (c) Arbitration Act 1996, which stipulates that, in matters governed by Part I, the court should not intervene except as provided by sections 1 to 84, implies the need, at the very
The court held that the original orders of both Flaux J and Andrews J should not have been granted
August 2015 | THERESOLVER
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INTERVIEW DIVERSITY
Potted CV: Irvinder Bakshi
Time to branch out?
C.Arb LLB (Hons) DiplCArb
Barrister and Chartered Arbitrator Irvinder Bakshi was appointed Chair of CIArb’s London Branch in May this year. The Resolver catches up with her to talk about how she carved out a successful career for herself and how she thinks the profession can be more diverse
2015: CIArb London Branch
Career 1987: Barrister, Lincoln’s Inn 1996: Diploma, International Commercial Arbitration, Course Director’s Prize Winner, Special Fellowship Course in International Arbitration 2001: Director of KSB Law Consultants Limited
2008: Chartered Arbitrator, CIArb President’s Panel of Arbitrators Chairman (past Honorary Secretary and Vice Chair)
Current Member, LCIA, Panel of Arbitrators Liveryman, Worshipful Company of Arbitrators
Could you tell us about your career so far and your route to membership?
Interview: Rima Evans Photography: Simon Stanmore 10
Freeman of the City of London Member, International Arbitration Club
I qualified as a barrister in 1987. After pupillage in two commercial sets I spent a further six months specialising in construction law. While I was doing that I was offered a job setting up a legal department in a firm of claims consultants. This type of firm was still largely unknown then and I was thrown in the deep end. I dealt with one construction dispute after another and was surrounded by quantity surveyors who worked on projects, handled disputes and provided expert witnesses for disputes that resulted in arbitration proceedings. After five years building up a practice and gaining insights into the detailed workings of the construction industry, I was headhunted to set up a construction department for a firm of solicitors in London’s West End. There I became involved in some international disputes, particularly on behalf of the government of Cyprus, in engineering, building and other commercial disputes. The international dimension was new to me but it coincided with CIArb launching its Diploma in International Commercial Arbitration and Special Fellowship Course in International Arbitration in 1996. It was the first course of this kind for CIArb and it took place over a full academic year.
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INTERVIEW DIVERSITY I signed up and found it absolutely fascinating. I won the Course Director’s prize for the diploma element and was presented with my prize by Lord Mustill, one of the giants in the arbitration world. Despite passing the Fellowship Course I was too young to actually receive it and had to wait until I was 35 years old to do so. As a result of the international work I’d taken on I soon became involved in a wider variety of international commercial disputes dealing with matters other than construction and working with other institutional rules such as the ICC, Gafta and the RSA. I set up KSB Law Consultants in 2001, practising as a sole consultant. This allowed me to juggle my work and family commitments and be in control of my work-life balance which, as a single mother, was hugely important to me. At KSB while still doing a significant amount of construction work I was able to take on other areas of work and have since advised and acted in a large variety of contractual-related matters, including shareholder, partnership and commercial disputes in a number of industries, including telecoms, trade and pharmaceuticals. I have also studied further and undertook the appropriate pupillage to become a Chartered Arbitrator in 2008.
Why were you attracted to arbitration as a career? I found arbitration fascinating because in the early 1990s it was so very different to the court system. There were the variations in the tribunal; the multi-disciplined arbitrators; the very different approaches by individual arbitrators or panels compared to the courts especially in the ad hoc arbitrations. It was very flexible and very convivial. The international work gave me exposure to different institutions and rules, such as the ICC, LCIA, UNCITRAL, Gafta and RSA. So I became much more aware of different legal practices, cultures, the expectations of the parties, the counsel, arbitrators and the tensions and benefits of working in a different arena. That combined with my CIArb education and training meant I had both an academic and practical grounding in a constantly developing form of ADR.
What role do you think arbitration has in society? It remains the preferred forum for resolving international disputes and the New York Convention 1958 was a game changer because it increased the probability of due enforcement 12
of awards arising from international disputes. Arbitration and other forms of ADR, particularly mediation and expert determination, are gaining momentum because people are finding an increasing number of ways to use it. The flexibility and confidentiality of proceedings is so important in the business world and most ADR forms allow and require both. ADR has always had a big part to play in society. One example is the panchayats in India, village councils that have existed for centuries. Any dispute would come before the council using mediation skills initially and a sort of med-arb in deciding the issue in the absence of agreement. It’s a very basic way to resolve disputes but it works and it’s certainly not a system unique to India. But that is ADR at its most human level. At the other end of the scale there is now adoption of Model Laws, UNCITRAL, IBA guidelines and so forth. It has become an industry but it’s about trying to provide a harmonised transnational dispute resolution system. The challenge is to be able to apply the laws and rules in the various regions that are in different states of development while retaining the spirit of ADR.
What barriers do you think persist in the field of ADR in terms of diversity? When I started out I faced barriers from my own family because I looked so different from their fairly accurate perception of a predominantly white male profession. It’s not a world my father wanted to send me into.
When I qualified there weren’t many women in the field and Asian women were even rarer. My family was scared I would fall flat on my face and not be able to succeed or have any support network and it was a pretty lonely and scary start. Luckily I did find people who believed in me and offered me support. The issues I faced are still there today for women joining the ADR field but more subtle. Just as in the legal profession there are too few women or ethnic minorities in ADR. There are some incredible women achieving great things but they are seen as a rarity.
What can be done to overcome these barriers and challenges? There are far too few opportunities given to those from ethnic minority groups in the profession. I have heard talented members of the arbitral world question why it is in their particular country any large dispute invariably has arbitrators only from the developed western world, who will, of course, apply westernised standards and expectations. So the real question for the ADR world is what standards and expectations should apply to any particular dispute? We talk about flexibility of arbitration but appear too often to apply rigid standards and expectations. Flexibility on the part of the arbitrators, in the rules and regulations, and in the constitution of the panel in terms of greater inclusivity, can all be looked at. I don’t see why there can’t more often be a combination of mixed experience, cultures
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I don’t see why there can’t be a combination of experience, cultures and gender on a panel in an international dispute
and gender on a panel in an international dispute. This is not to suggest that tribunals should be of lesser quality since we have a duty to the parties to service the dispute properly, with appropriately qualified members and to a high standard. It’s just that quite often panel members reflect the same outlook and approach and sometimes the dispute may require different experiences. The institutions can play a role here. I think newer and different arbitrators can be more often chosen to sit on panels and only then can they gain more experience.
What advice do you have to others trying to get a foothold in the arbitration profession? You need to be in an industry where you have knowledge, a skillset and experience that can be transposed either into expert witness work or straight into arbitration work. A lot of the technically qualified arbitrators tend to have been quite prominent expert witnesses first. They get involved in court proceedings or ADR and then climb the ladder to become an arbitrator or adjudicator. It’s all about hard work and experience. Also, honing your judgment and being right more often than not. That is really important because of the final and binding nature of arbitrations.
What’s the best piece of advice you’ve been given? Preparation is key. Know everything you possibly can about a case and simplify it for everyone else. If you can’t understand it, or
explain it, you can’t persuade anyone else of it. That’s more applicable in the more complex cases than the ones with a clear ‘winner’. For me, the story has to fit. Once I understand the story and what has happened then my life is made a lot easier. It’s comparable to forensic science. If something doesn’t make sense or doesn’t sit with something else it means there is a missing piece of information or something hasn’t been fully understood. A case in point is some recent work I did in relation to the uncovering of a Ponzi-style scheme in the US where a Bishop swindled around $50 million from friends and family. There is now a case against the banks who are alleged to have facilitated his wrongdoings. My involvement has been uncovering the parts played by British citizens in the scheme known as the British Lending Programme. I had to try to work out the story from people here and their witness statements led to the case across the Atlantic being put in a completely different way with further witnesses being identified as facts were uncovered and knitted together – whereas previously speculation over what the circumstantial evidence meant had dominated. We knew we had it right when everything clicked into place and that is always a very good moment in any case.
What was your toughest dispute? Two construction disputes from early in my career come to mind. One took place in the early 1990s when I was acting for a ‘small guy’ against a ‘big guy’. Magic circle solicitors represented the big guy. The pressure they put on my client was overwhelming. He got the entire value of the claim, a mere £25,000, the same again in interest and costs on an indemnity basis which settled at just under £500,000. But had the subcontractor client known what his company was going to have to go through, and how much time and money he would have to invest, he would never have started the case. It demonstrated the lengths that people will go to when it comes to not paying. I learned that you can’t always expect your client and the other side to be reasonable at the same time. Also it showed me how easy it is for parties to lose sight of what they need as opposed to thinking about what they want from proceedings. It highlighted how all-important it is for us to stay objective and keep clients grounded especially the ones hell bent on pursuing that all-important principle. The other case was difficult because one of the parties raised every technical procedural point they could, which meant I learned a lot
about tactics and procedure in practice. In both the cases really they were just delaying the inevitable. In the first, the main contractor had already been paid what we were claiming by the employer; they just didn’t want to give it up.
Has CIArb helped you to achieve your goals? Certainly – through its rigorous education and training. The standards it upholds for Chartered Arbitrators is unrivalled by other institutes. The gold standard it has become known for is like a hallmark – and that is worth a great deal. The networking opportunities made possible through the branches is also invaluable. I have held various positions on the London Branch Committee over the past 20 years. We are one of the most vibrant branches in the UK and attract quality speakers to events. So it was a proud moment to become Chair. The fact that I am following another woman Chair hasn’t gone unnoticed; we have five women on the committee as well as members from ethnic minorities. We are a diverse group in the truest sense. Growing and developing that part of the Institute that facilitates appointments through CIArb’s Dispute Appointment Service will be really helpful for members. It will help Fellows and Chartered Arbitrators to develop their career and help the Institute maintain its high standards and quality.
What are your future goals? I’d like to do more arbitrations to sustain and develop my arbitration practice. But I would also like to become an accredited mediator. I feel it’s a natural progression.
How do you think arbitration will continue to innovate and adapt in the next few decades? The laws and rules are being re-worked all the time. There is a greater appreciation of the need for better understanding of other cultures and other methods adopted by other countries. Everyone is learning from one another. There will be more innovation in terms of regulation and sanctions. But the challenge is to achieve consistency without losing flexibility and without losing the confidentiality of the arbitration process. There is a lot of intertwining and fusion between mediation and arbitration. Whether or not that is a good thing in a commercial world is part of the on-going debate. THERESOLVER
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HOW TO…
...go paperless By Iain Sheridan Illustration: Cameron ron Law
“Some arbitrators find a tablet with a Bluetooth-activated keyboard is a viable alternative when travelling”
PAPER ALLOWS COMMERCIAL parties to manage arbitral disputes with clarity, evidential reliability and precision. But with current technology we just don’t need it. The presentation, processing and reading of material can now be managed on laptops or similar devices. Scanners can replace in-trays and office servers can be substituted for the scalable processing and storage power of cloud computing.
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MORE INFO Looking to appoint an arbitrator? CIArb-DAS can help you find a suitably qualified arbitrator with the right knowledge and experience. For any enquiries please contact Keisha Williams. T: +44 (0) 20 7421 7444. Email DAS@ciarb.org
Iain Sheridan MCIArb is the founder of Big Ben Chambers, London (www.bigbenlaw.com). He lives in Vienna and specialises in international arbitration and international tax.
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Choose a good scanner
A quality scanner eradicates the need for an in-tray. Scanners can scan double-sided documents rapidly, including documents of varying sizes. My current scanner averages 25 double-sided A4 pages per minute. Desk-based scanners also cope with crumpled or asymmetrical documents. You will need to check your tax authority’s detailed rules on scanned documents. In the UK nearly all records, with some exceptions, are allowed to be kept in digital format, stored as PDF documents or on CDs, provided it’s legible and what is retained in digital form represents a complete and unaltered image of the underlying paper document. The US IRS and the Hong Kong Inland
Revenue have very similar rules rules. Portable scanners (some the size of a small umbrella) can be much slower and offer mixed results. Also, all purchase receipts can be quickly captured with the use of smartphone applications that record with the clarity required by, for example, the tax departments mentioned above.
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Laptop, tablet or hybrid?
Reading, fast typing and presenting are all achieved with a laptop. Tablets are great for reading, but to date there is not a touchscreen keyboard that makes the physical keyboard part of a laptop redundant. However, some arbitrators find a tablet with a Bluetoothactivated keyboard is a viable alternative when travelling.
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Cloud computing
All documents can be stored in the cloud. What exactly is the cloud? It is a service that provides on-demand network access to applications, networks, servers and storage that can be quickly accessed with minimum effort. Cloud computing can also facilitate the sharing of documents throughout a case so
the burden of bulky A4 fi files les disappears. Given that arbitration is often dealing with confidential and sensitive documents, it’s essential to check the level of security offered by your chosen cloud computing services provider. Key questions include what indemnities do they offer for loss or intrusion of stored data; how are firewalls, emails, web security, event and log-on procedures all managed?
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What about malfunctions?
A paperless contingency plan should include a back-up hard disk for vital documents. These portable devices can store vast amounts of data. What constitutes “vital” is certainly going to include accounts, client files, tribunal correspondence, professional contacts and working documents.
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What about business cards?
Are these the last bastion of our paper past? There are plenty of mobile phone apps that capture contact details. However, globally, arbitrators and counsel show no signs of wanting to halt the personal etiquette of exchanging cards.
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CIArb NEWS BRANCH ROUND-UP AUSTRALIA
Centenary events lined up for November The inaugural Introduction to International Arbitration course was held on 23 May in Brisbane. It was launched by The Hon Justice James Douglas of the Queensland Supreme Court. In June, the CIArb Australia Arbitration Essay Competition 2015 was launched. The winning author will be announced at the CIArb Centenary Dinner on 24 November in Sydney. See
NEW YORK, USA
UNCITRAL event In October the branch will host a CIArb Centenary event. This will be a joint UNCITRAL event addressing the UNCITRAL Guide to the New York Convention. Speakers include Professor Emmanuel Gaillard and Dr Yas Banifatemi of Shearman and Sterling’s Paris office, and Professor George Bermann FCIArb of Columbia Law School. The event will be streamed online. In May, the branch ran a five-day course on International Commercial Arbitration with Columbia University School of Law, through its Center for International Commercial and Investment Arbitration.
Faculty and students of the Introduction to International Arbitration course held in Brisbane in May
include The Hon Sir Vivian Ramsey QC, Paul Darling OBE QC ACIArb, Charles Brown C.Arb President of CIArb, Andrew Parsons FCIArb Southern Branch Chair and Thomas Halket C.Arb of Halket Weitz LLP. THAMES VALLEY, UK
Focus on strategy The Thames Valley AGM saw a new committee elected, which has since met to discuss future strategies. New Chairman Robert Sliwinski C.Arb attended the meeting with Mohammed Haque MCIArb, Vice Chairman and PR, Martin Havelock MCIArb, Secretary, Mamas Stavrou FCIArb, Treasurer and Jon Burton MCIArb. Immediate Past Chairman Mark Thomas FCIArb was thanked for his outstanding contribution.
SOUTH EAST, UK
The impact of IT The South East Branch is holding a Centenary conference, ‘How Can Technology Facilitate Dispute Resolution’, on 18 September in Canterbury and in co-operation with the New York Branch. The conference will examine and review the judicial, legal and commercial practitioner issues affected by the use of technology. There will be a live link up to the New York Branch with Q&A sessions and a mock arbitration witness examination. Speakers
NORTH EAST, UK
Spring debate The branch held its annual Spring Debate in April with guest speakers Tony Bingham C.Arb and Bob Davis C.Arb. The experienced arbitrators and mediators debated whether the mediator can also become the arbitrator or whether it was necessary to separate the two roles. The speakers summarised the med-arb process and invited the audience at Leeds Beckett University to consider its advantages and disadvantages.
www.ciarb.net.au for full details. As part of Sydney Arbitration Week and to continue celebrations marking CIArb’s Centenary there will be a series of events held in November. On 23 November, the semi-finals and grand final of the inaugural CIArb Australia International Arbitration Moot will take place. The following day, in partnership with the Law
Council of Australia and the Australian Centre for International Commercial Arbitration, the Australia Branch will hold the third International Arbitration Conference: ‘Opportunities and Challenges for Dispute Resolution in the Next Century’ at the Sofitel Sydney Wentworth. For further details visit
The final vote went in favour of keeping the roles separate.
the balance’. Following the AGM the branch committee elected Irvinder Bakshi C.Arb as the new Chair (see page 10), Paul Rose C.Arb and Bruce Leahy FCIArb as Vice Chairs, and Professor Grant Jones FCIArb as Public Relations Officer.
EUROPE
‘ADR on the shore’ The European Branch held its AGM and conference in April. The conference was themed ‘ADR on the shore: a sea of opportunities’. At the AGM, Laurence Burger FCIArb, Paul Cullinan FCIArb, John T Riordan FCIArb and Stuart Ness MCIArb were confirmed as Chair, Vice-Chair, Secretary and Treasurer, respectively. In June, the Board of Trustees approved the creation of a Paris Chapter. Jalal El Ahdab MCIArb has been appointed its Chair. Also in June, the Netherlands Chapter organised a seminar, ‘Arbitration in the Netherlands’ in association with Conway & Partners and the Netherlands Arbitration Institute (NAI). LONDON, UK
Foreign awards The London Branch held its 25th AGM at the Oxford and Cambridge Club in Pall Mall on 27 April. Branch Chair Margaret BickfordSmith QC MCIArb reported on the year’s branch successes and a keynote address was given by Sir Stephen Tomlinson, Lord Justice of Appeal, on ‘Enforcement of foreign arbitral awards – striking
→ www.ciarb.net.au
NORTH AMERICA
Higher profile In May, John W Garman FCIArb was elected as Chair, taking over from Mandy Aylen FCIArb. Also in May the Mexico and Texas Chapters united in a networking event in Mexico City with more than 40 arbitration practitioners. In June, NAB worked to establish a higher profile for CIArb in North America through the NAB Centenary Conference in Los Angeles. NORTHERN CHAPTER, SCOTLAND
Healthy turnout There was a good attendance for the chapter’s event on Liquidated Damages. Allan Morrison MCIArb introduced FTI Consulting’s Managing Director William Burns ACIArb and Director Callum Coutts, and Claire Rice, Associate at Brodies LLP, who all spoke at an event hosted by the Robert Gordon University in Aberdeen. • For longer versions of branch news
→ www.ciarb.org/branch-news August 2015 | THERESOLVER
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CIArb EVENTS Delegates mingle at the Gala Dinner
HONG KONG CENTENARY CONFERENCE More than 230 participants gathered to attend CIArb’s Hong Kong Centenary Conference in March. The two-day event was held at the JW Marriott Hotel and organised by the East Asia Branch. It was themed ‘Shaping the Future of Arbitration’ and keynote speeches were delivered by The Rt Hon the Lord Neuberger of Abbotsbury PC, the President of the UK Supreme Court, and Robert French AC, Chief Justice of the High Court of Australia.
Chartered Arbitrator Neil Kaplan CBE QC SBS FCIArb, Centenary Programme Committee member and Past President, addresses delegates on the first day
One of the highlights of the Gala Dinner was a light-hearted speech by the Hon Mr Justice Frank Stock NPJ, a non-permanent Judge of Hong Kong’s Court of Final Appeal
An all-star cast on the first day: (left to right) Matthew Gearing QC MCIArb, Alvin Yeo SC, Malcolm Holmes QC C.Arb, Professor Joongi Kim, Teresa Cheng SC C.Arb, John Rhie and VV Veeder QC FCIArb, who debated the notion, “This house does not consider that international arbitral tribunals take sufficient note of cultural differences when reaching their decisions”
Also on day one: (left to right) Toby Landau QC C.Arb, Lucy Reed, Neil Kaplan and Professor Shari Diamond examined the psychology of the decision-making process
Andrew White QC (left) mingles with other guests at the Gala Dinner
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CIArb Director General Anthony Abrahams MCIArb (centre) takes a moment to catch up at the conference
More than 230 participants gathered in Hong Kong to attend the Centenary celebrations
Speakers: (left to right) Christopher Thomas QC, Professor Dr Diane Desierto, Dr Nils Eliasson ACIArb, Karen Mills C.Arb and Promod Nair examine investment arbitration in Asia as Asian economies become net exporters of foreign direct investment
A toast by past Chairs and Presidents of the Chartered Institute of Arbitrators
Day two: (left to right) Peter Rees QC C.Arb, The Rt Hon Sir Bernard Rix FCIArb, Wendy Miles QC FCIArb, Louise Barrington C.Arb, Dr Gavan Griffith QC C.Arb, Professor Brigitte Stern and The Hon Sir Vivian Ramsey QC debate the appointment of arbitrators
More than 180 people attended the Gala Dinner at the JW Marriott Hotel
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WHAT’S ON
ONLINE
For further information on professional training courses: → training.ciarb.org Education Team • T + 44 (0)20 7421 7439 • F + 44 (0)20 7404 4023 • E education@ciarb.org
TRAINING
August – November 2015 CIArb professional training diary Unless stated otherwise, all courses below are held in London. Introduction to ADR Available online soon 9 September or 24 November Duration: 1 day Fee: £480 A complete explanation of the main categories of alternative dispute resolution. Accelerated Route towards Fellowship 5-6 August or 24-25 November Duration: 2 days Fee: £1,860 Specially designed for busy, legally qualified professionals. Accelerated Route to Membership 18-19 August or 17-18 November Duration: 2 days Fee: £1,320 Assesses whether the candidate has the knowledge required to understand the process of international arbitration. Diploma in International Commercial Arbitration Held at Oxford University 13-21 September Duration: 9 days+4 months Fee: £7,200 A course designed to provide a thorough understanding of practice and procedure. Module 3 (International Arbitration) 5 October Duration: 6 months Fee: £1,860 Provides detailed knowledge of the main elements of international arbitration. Module 2 (International Arbitration) 12 October Duration: 5 months Fee: £1,320 Provides detailed knowledge of the law underpinning international arbitration. Module 4 (International Arbitration) 26 October Duration: 4 months Fee: £1,320 Provides knowledge required to write an international arbitration award. Introduction to International Arbitration 19 November Duration: 1 day Fee: £480 An introduction to the general principles of international arbitration. Introduction to Mediation 10 September Duration: 1 day Fee: £480 An introduction to the general principles of mediation. Module 1 (Mediation) 19, 20, 21, 22, 26 October Duration: 5 days Fee: £2,400 Intense five-day course for those who wish to become an accredited mediator. Module 2 (Mediation) 27 October Duration: 1 day Fee: £1,560 Builds on Module 1 (Mediation).
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KEY: GENERAL ADR ARBITRATION INTERNATIONAL ARBITRATION ADJUDICATION MEDIATION OTHERS
Module 4 (Mediation) Open entry Duration: 6 months Fee: £660 Demonstrate a robust academic knowledge of a chosen area of mediation. Module 3 (Domestic Arbitration) 5 October Duration: 6 months Fee: £1,860 Provides a detailed knowledge of the main elements of domestic arbitration. Module 2 (Domestic Arbitration) 12 October Duration: 5 months Fee: £1,320 Provides a detailed knowledge of the law underpinning domestic arbitration. Family Arbitration 13-15 October Duration: 3 days Fee: £1,980 Provides a detailed knowledge of the main elements of family arbitration. Introduction to Domestic Arbitration 16 October Duration: 1 day Fee: £480 Provides an understanding of the general principles of domestic arbitration. Module 4 (Domestic Arbitration) 26 October Duration: 4 months Fee: £1,320 Provides knowledge required to write a domestic arbitration award. Accelerated Route to Membership (Domestic Arbitration) 17-18 November Duration: 2 days Fee: £1,320 A fast-track route to membership via the domestic arbitration pathway. Accelerated Route towards Fellowship (Domestic Arbitration) 24-25 November Duration: 2 days Fee: £1,860 For those with substantial unassessed knowledge of domestic arbitration. Accelerated Route to Membership (Construction Adjudication) 1-2 September Duration: 2 days Fee: £1,320 A fast-track route to membership via the construction adjudication pathway. Accelerated Route towards Fellowship (Construction Adjudication) 8-9 September Duration: 2 days Fee: £1,860 The knowledge required to apply the principles of construction adjudication. Introduction to Construction Introduction to Construction Adjudication 30 September Duration: 1 day Fee: £480 An introduction to good practice and procedure in construction adjudication.
Module 1 (Law of Obligations and Civil Evidence) – (this becomes Module 3 in the Mediation Pathway) 5 October Duration: 7 months Fee: £1,320 Suitable for individuals who wish to become qualified dispute resolvers. Module 3 (Construction Adjudication) 5 October Duration: 6 months Fee: £1,860 Provides detailed knowledge of the main practice and procedural elements of construction adjudication. Module 2 (Construction Adjudication) 12 October Duration: 5 months Fee: £1,320 Provides detailed knowledge of the law underpinning the process and procedure of construction adjudication. Module 4 (Construction Adjudication) 26 October Duration: 4 months Fee: £1,320 Provides the knowledge required to analyse submissions, arrive at a conclusion and write a cogent and complete decision. Islamic Banking & Finance 5-13 September (Kuala Lumpur) Duration: 9 days Fee: £4,500 (+local tax, if applicable) Provides a thorough understanding of the practice and procedure of Islamic banking and finance and the role of arbitration within it. Train the Trainer 2 November Duration: 1 day Fee: £300 Designed for people who would like to be involved in teaching or tutoring.
CIArb EVENTS SPOTLIGHT
3-4 September: CIArb Singapore Centenary Conference, Singapore This conference will examine ‘The age of innovation: addressing the perils and promises of arbitration’. The event concludes with a gala dinner. 15 September: Livery Dinner, Plaisterers’ Hall, London CIArb is holding a formal Joint Livery Company Dinner with The Worshipful Company of Arbitrators, The Worshipful Company of Chartered Architects, The Worshipful Company of Constructors, The Worshipful Company of Solicitors of the City of London and The Worshipful Company of Chartered Surveyors. This is an opportunity for members to engage with those from other organisations that share the Institute’s commitment to arbitration and private dispute resolution, to mark its first 100 years. 8 October: 8th Mediation Symposium, London Hosted by Norton Rose Fulbright LLP at 3 More London Riverside, London, this event will address many issues including how to improve mediation skills and practice and examine other things that mediators should be learning and doing. 26 November: Alexander Lecture, London VV Veeder QC FCIArb is an arbitrator specialising in commercial law and international investment disputes. He will be speaking on: “What matters about arbitration?” For more details → www.ciarb.org → Email: events@ciarb.org
RECOMMENDED COURSE Diploma Course in International Dispute Management for Senior Executives Would you like to know how to avoid and manage international disputes quickly and efficiently? If so, CIArb’s Executive Diploma is the course for you. Headed by world-class practitioners and academics, it will familiarise successful participants with the range of methods available for private dispute resolution of business disputes, such as negotiation, mediation and arbitration. In addition, participants will be able to: understand the costs and benefits associated with the various forms of dispute resolution and engage in an effective way with advocates, counsel and decision makers to promote the interests of their business. PART 1 (10-13 September 2015) – Dispute Avoidance and Management, including Effective Negotiation PART 2 (14-17 January 2016) – Mediation and Other Forms of ADR (excluding International Arbitration) PART 3 (7-10 April 2016) – International Arbitration Parts 1 and 3 will be held at Keble College, Oxford University. Part 2 will be held at 12 Bloomsbury Square, London. Fee: £4,000 + VAT For more information, please call the Education & Training team: +44 (0)20 7421 7439
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Central London Arbitration Suites Available
Room Hire CIArb, 12 Bloomsbury Square, London CIArb’s Georgian premises are located on one of London’s oldest garden squares. Conveniently situated in central London and close to all major transport links, 12 Bloomsbury Square offers: 13 rooms ranging in capacity and configuration Technical support Accommodation arranged at special rates in local hotels Catering services Secure facilities available for overnight storage of hearing documents Private rooms available for mediations Out-of-business-hours access and weekend and evening booking To find out more or to book contact: Giles Andrews E: gandrews@ciarb.org
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W: www.ciarb.org/12bloomsburysquare/
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Victor Victor P. P. Leginsky, Leginsky, Chartered Chartered Arbitrator Arbitrator Accepting Accepting appointments appointments as as Chairman, Chairman, sole sole arbitrator arbitrator or or co-arbitrator co-arbitrator Construction, energy and Construction, general contractual general
Email:
vleginsky@arbitralis.com
Email:
vleginsky@arbitralis.com
TEL:
+971 50 4573770
TEL:
+971 50 4573770
MIDDLE EAST
LONDON
PA R I S
SINGAPORE
MIDDLE EAST
LONDON
PA R I S
SINGAPORE
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