Resolver Issue 4 Autumn 2015

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

November 2015

Far East gains ground as favoured location for international arbitration CIArb launches new set of Arbitration Rules 2015 and three new Arbitration Practice Guidelines Can adjudication work beyond the construction sector?

In pictures: Highlights from the London, Singapore and Africa Region Centenary Conferences Guide to training and courses

www.ciarb.org

The next generation Young members of CIArb on what the future holds

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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.

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Charles Brown

LEADER

THE EXCELLENT CENTENARY EVENTS ORGANISED by our members and branches are continuing. Recent highlights have included the Africa Region Centenary Conference in Zambia, the Singapore Centenary Conference and our Joint Livery Company Dinner.

Special mention goes to the South East Branch, my home branch, which organised a conference and dinner at Canterbury Cathedral, linked by video with the New York Branch. The event was very successful and I recommend the idea to other branches.

There are still exciting events to come including the Young Members Group Centenary Celebration conference in Paris. Full details of all these are on the CIArb and branch websites.

So what are the Centenary legacies? First, it has served to stimulate our ‘Learned Society’ role in promoting and developing ADR globally.

We have launched the 2015 CIArb Arbitration Rules, which become effective on 1 December.

We also launched the first three of our Arbitration Practice Guidelines that provide a very practical tool for all practitioners (see news analysis, page 6).

The Practice and Standards Committee must be congratulated for these excellent contributions to best practice. Finally, we have offered the international ADR community our Principles on what makes an effective seat in international commercial arbitration. The other legacy will be the Centenary Fund to assist future research projects and ensure we play a major role in the continuing development of global ADR thinking and practice.

I hope the dialogue and debate generated by the centenary events will result in better communication between members, branches, chapters and the Executive.

When these elements speak and act as one we are a powerful international voice.

My year has been a wonderful experience and I am proud to have been CIArb’s President. I offer my best wishes to Datuk Professor Sundra Rajoo C.Arb as 2016 President and will continue to help in any way I can. I thank the Executive for its great support but most of all thank you, the members, for your support and friendship.

My year has been a wonderful experience and I am proud to have been CIArb’s President

Charles Brown C.Arb President of CIArb

CONTENTS WATCH 4-5 News: Far East boom in international arbitration; CIArb strengthens training 6 9

presence in Bahrain; Public consultation launched into EU Mediation Directive News analysis: Tim Hardy, Chair of CIArb’s Practice and Standards Committee, on the new Arbitration Practice Guidelines and the Arbitration Rules 2015 Law round-up: C-536/13 Lietuvos Aukščiausiasis Teismas (Lithuania) 13 May 2015; and Begum v Hossain & Anor [2015] EWCA Civ 717 (14 July 2015)

REGULARS AND FEATURES 8 10 14 15 16 18

Opinion: Adjudication has worked for the construction sector and can now be sensitively and flexibly expanded to other sectors, says Philip Harris of Wright Hassall LLP Cover: CIArb’s Young Members Group is a key forum for the development of the next generation. We hear from four members on how they see the future of ADR Branch news Nassau installs executive committee; Australia’s Centenary celebrations CIArb news: Photos from CIArb’s Africa Region and Singapore Centenary Conferences CIArb events: A photographic record of CIArb’s London Centenary Conference What’s On: Round-up of upcoming training courses November 2015 | THERESOLVER

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93%

WATCH

Percentage of respondents to the 2015 International Arbitration Survey: Improvements and Innovations in International Arbitration who favour the inclusion of emergency arbitrator provisions in institutional rules Source: QMUL

Hong Kong and Singapore close the gap International arbitration starting to move away from European cities Asian cities are closing the gap with London and Paris as the most popular venues for international arbitration, a survey has revealed.

While European heavyweights London and Paris continue to be the preferred venues, Hong Kong (pictured) and Singapore are gaining momentum.

The results of the 2015 International Arbitration Survey: Improvements and Innovations in International Arbitration, conducted by Queen Mary University of London (QMUL) in partnership with White & Case, showed that 45 per cent of respondents have used the London seat most over the past five years, with 37 per cent using Paris (see graph).

Forty seven per cent of respondents said London was their preferred seat, and 38 per cent Paris. However, Hong Kong and Singapore came in third and fourth ranking, respectively, in both the most used seat and preferred seat.

The primary factor driving the selection of a seat is its reputation and recognition, the survey said.

Singapore is perceived to be the most improved seat for international arbitration over the past five years (24 per cent), with Hong Kong following closely behind (22 per cent). Paris was next (seven per cent), then London

Over the past five years which seats have you or your organisation used the most?

LONDON PARIS

45% 37%

22% 19% GENEVA 14% NEW YORK 12% STOCKHOLM 11% HONG KONG SINGAPORE

Percentage of respondents who included the seat in their answer SOURCE: QMUL

and New York (both five per cent).

When asked how these seats had improved, factors cited included better hearing facilities; availability of quality arbitrators; better local arbitral institutions and improvements

to national arbitration law.

Paul Friedland, Partner and Head of the International Arbitration Practice Group at White & Case, said: “London and Paris remain the most popular seats for international arbitration because of their enduring reputation as arbitration-friendly jurisdictions with high quality legal infrastructure. However, as this year’s study shows, Singapore and Hong Kong are closing the gap. Both seats have made significant investments in support of international arbitration in recent years, which have made them increasingly attractive locations for users.”

The survey of 763 respondents also explored how efficiency of the arbitral process can be

achieved. Arbitrators and arbitration counsel need to be more proactive in promoting efficiency, not just arbitral institutions, by working better together with opposing counsel to narrow issues, encourage settlement and minimise ‘overlawyering’.

The procedural innovation perceived as most effective at controlling time and cost in international arbitration is a requirement for tribunals to commit to a schedule for deliberations and delivery of final awards.

A striking 92 per cent of respondents would like simplified procedures to be included in institutional rules for claims under a certain value: 33 per cent as a mandatory feature.

ISTOCK

CIArb strengthens its training presence in Bahrain CIArb has signed an agreement with Bahrain’s Ministry of Justice and Islamic Affairs that will see it deliver training and education to the country’s judiciary, legal representatives and banking community.

His Excellency Shaikh Khaled Bin Ali Al Khalifa, Minister of Justice and Islamic Affairs of Bahrain, and 4

CIArb Director General Anthony Abrahams MCIArb signed a Memorandum of Understanding (MOU) in September. CIArb Vice President Prof Dr Nayla ComairObeid C.Arb was also present.

The MOU promotes the collaboration through training, continuing professional development, education and

all services relevant to private dispute resolution and reaffirms CIArb’s dedication to developing its Golden Thread in the Gulf by providing education, training and qualifications, developing the learned society and facilitating ADR. Anthony Abrahams said: “The Middle East is a key region for

CIArb development. Coupled with the increase in Islamic financial products, Bahrain is a natural extension of our global network.

“The passing of the Bahrain Arbitration Act, for international and domestic arbitrations, which is based on the UNCITRAL Model Law, makes this an ideal time to partner with Bahrain.”

THERESOLVER | November 2015

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London Centenary Conference →Rashda Rana SC FCIArb of ArbitralWomen was among the distinguished

speakers at CIArb’s Guildhall event in July, see pages 16-17

EU seeks mediation feedback Public consultation launched into Mediation Directive

CIArb members are mourning the death of Arthur Marriott QC C.Arb, one of the leading figures in international arbitration and dispute resolution, who passed away in September aged 72.

Arthur had an active law career which spanned almost half a century and saw him specialising in areas including commercial litigation, international commercial arbitration and mediation.

Arthur was one of the first solicitors to be appointed Queen’s Counsel in 1997 and was heavily involved in the drafting of the Arbitration Act 1996, co-writing the draft bill upon which it was based.

Arthur was a valued member of CIArb between 1985 and 2013. In March 2014, the Oxford Lecture included the Inauguration of CIArb’s new Members’ Room dedicated to him.

Register for SpeedNet event CIArb and ArbitralWomen are co-hosting a women’s networking event to kick off the festive season. The ‘SpeedNet’ evening event will take place on December 16 and will be held at CIArb’s offices at 12 Bloomsbury Square. The programme includes an introduction from Rashda Rana SC FCIArb, President of ArbitralWomen.

To find out more or to register

email events@ciarb.org

periods do not expire during the mediation process; and ensure there is sufficient information on mediation and mediators available to the general public.

A report into the effectiveness of the directive published last year, five and a half years after its adoption, highlighted that take up of mediation in civil and commercial matters was disappointing – it was used in less than one per cent of cases in the EU. It proposed the introduction of a form of mandatory mediation.

Regional office in Malaysia CIArb has launched a Far East and Australasia Regional Office at the premises of the Kuala Lumpur Regional Centre for Arbitration (KLRCA) in Malaysia.

The CIArb Far East and Australasia Directorate will assist both members and branches.

CIArb and the KLRCA have also agreed to explore areas for cooperation in respect of the use of services provided by both bodies to domestic and international parties.

Both will jointly organise seminars, conferences and educational programmes on arbitration and ADR.

The agreement reflects the continued growth of arbitration in the Far East. A new Singapore CIArb office is also due to open in the middle of November at Maxwell Chambers.

Camilla Godman, CIArb Regional Director for the Far East and Australasia said the new offices in Kuala Lumpur and Singapore will enable CIArb to increase its offering to current members and future members in the Far East and Australasia.

“This is a significant milestone and we will continue to see ADR go from strength to strength in this region,” she added.

At European level, the average number of days in a mediation is 43 days whereas the average number of days in court proceedings is 566 days.

If mediation systematically preceded any trial in civil disputes, annual cost savings could be between €15 billion and €40 billion, the EC said.

The consultation closes on 7 December. It is available at

→ www.ec.europa.eu/justice/ newsroom/civil/opinion/ 150910_en.htm

Lisa celebrates 30 years at CIArb CIArb’s Membership Records Executive, Lisa Mulholland ACIArb, celebrated 30 years with CIArb in August.

Director General Anthony Abrahams MCIArb presented Lisa with a gift to mark the anniversary and express his appreciation at an all-staff meeting.

Lisa said: “It has been a pleasure working for CIArb. To have achieved this landmark during CIArb’s Centenary year is very special. I look forward to watching CIArb evolve and develop the Golden Thread further.”

November 2015 | THERESOLVER

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ISTOCK / PHOTOSHOT

Arthur Marriott QC, 1943-2015

A public consultation on the EU Mediation Directive has been launched to gauge whether it has met its objectives and what improvements could be made.

The European Commission has launched the consultation in the form of an online questionnaire open to the public at large but in particular: mediators, legal practitioners, academics, organisations, courts, national authorities, member states and interested individuals.

Responses to the consultation will inform a report the Commission is required to submit

by May 2016, evaluating how the directive has been applied.

The Mediation Directive applies in cross-border disputes to civil and commercial matters. It seeks to ensure the quality of mediation through codes of conduct, training of mediators and other quality standards. It also aims to facilitate recourse to mediation; ensure the enforceability of agreements; preserve confidentiality of the process; ensure limitation or prescription

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NEWS ANALYSIS CIArb RULES AND GUIDELINES CIArb has just launched three new Arbitration Practice Guidelines and a new set of Arbitration Rules 2015.

Rima Evans talks to Tim Hardy FCIArb, Chair of CIArb’s Practice and Standards Committee (PSC), to find out how they will benefit both practitioners and users

W

Doing it by the book

Why has CIArb introduced a new set of Arbitration Rules?

The Rules were last revised in 2000 and had a very limited scope, applying only to domestic arbitrations under the English Arbitration Act 1996. As CIArb’s Charter is to “promote and facilitate worldwide the determination of disputes by arbitration”, we decided to revise them to introduce an international perspective. Additionally, like other institutions, we wanted to modernise the Rules by introducing provisions for emergency arbitrators and practices designed to speed up the process as well as control the cost of arbitration.

When do they take effect?

The new Rules are effective as of 1 December 2015 so a contract concluded before that date which provides for arbitration under the CIArb Rules will incorporate the 2000 Edition. However, a party concluding a contract between now and 1 December can incorporate the new Rules in that contract by express agreement. If they also want the emergency arbitrator provisions to apply, they must also expressly “opt in” to those provisions. After 1 December 2015, if the parties to a contract selecting the CIArb Rules do not want the emergency arbitrator provisions to apply, they must expressly “opt out”.

Who drew up the new Rules and who had additional input?

A special sub-committee was

6

assembled to produce the first draft of the new Rules. After review and amendment by the PSC, the draft Rules were sent for consultation to CIArb’s 37 branches as well as to 60 members of its international teaching faculty, prior to final approval by the Board of Trustees.

What is the difference between CIArb’s new Rules and those of other institutions such as the ICC, LCIA, SIAC or HKIAC? Our new Rules are very different from most other institutional rules. They provide an alternative option for users who do not want an institutional arbitration with large administrative expenses or an ad hoc arbitration in which disputes over the appointment of, or challenges to, arbitrators involve an expensive application to court.

The only role of the Institute under the new Rules is simply as appointing authority and not as administrator, or secretariat or court that vets awards, save that it is establishing a court to deal with challenges. The Institute simply assists the parties get through the appointment process quickly, avoiding the obfuscation and delay that can blight the process.

Additionally, the Institute helps resolve challenges to arbitrators quickly and sensibly. Both of these services are offered for a very modest fee. This would appeal to users who want to avoid the administrative cost of an institutional arbitration but at the same time want to avoid the

problem with ad hoc arbitrations.

The new CIArb Rules provide an alternative solution, offering a middle ground to both these problems. I describe the Rules as “institutional light”.

What is the difference between the CIArb Rules 2015 and the 2010 UNCITRAL Rules?

The Institute decided there was no point in drafting another set of rules that would effectively just be reproducing what other institutions have already done.

It was also recognised that the UNCITRAL Rules, which are well known and respected, were entirely suitable and designed with the express purpose of being adopted by arbitral institutions that wish to act as the appointing authority. Accordingly, we chose to use them as the foundation for the CIArb Rules 2015.

However, trying to be mindful of what the users want – effective justice at a reasonable price and timeframe – we also introduced two new aspects that are not in the UNCITRAL standard form.

These are provisions for the appointment of emergency arbitrators and a checklist of suggested matters to be considered at the first case management conference (CMC).

This second feature is really innovative. Although some institutions have published guidance around what issues should be discussed at the CMC, CIArb’s new Rules go further and contain the most comprehensive checklist of matters to be considered.

THERESOLVER | November 2015 2010

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What’s the significance of the emergency arbitrator clause?

Prior to institutions adopting this approach there had been a tendency for a party wanting some kind of emergency relief and that could not wait for the appointment of the arbitrators in the normal course, to run to the courts. It comes back to the point made earlier about obfuscation and delay. Parties sometimes deliberately delay the appointment process.

This new procedure solves the problem of a party having to resort to court for emergency relief: an emergency arbitrator can be appointed to make an interim award (within two days of the request under the CIArb Rules) pending the proper appointment of the full arbitral tribunal to hear the full dispute.

What is the role of CIArb under the new set of Rules?

The role of the Institute is to appoint the arbitrators, including emergency arbitrators; to deal with the challenges to arbitrators, including where necessary replacing an arbitrator, and finally acting as a fund holder for the parties.

Why has CIArb decided to revise its Arbitration Practice Guidelines?

The Guidelines were initially written in 1998 as a consequence of, and in response to, the new English Arbitration Act of 1996 so they were entirely based on arbitration under English law.

More recently some of the guidelines were divided into three sets – one to deal with arbitrations under English law, one to deal with arbitrations internationally and one to deal with arbitrations under the UNCITRAL Model Law and Rules.

There was a large amount of repetition in these editions.

The PSC recognised that uniformity in the treatment of procedural issues and the conduct of arbitration can make the process more predictable, effective and expeditious.

So it determined it would be better to distil best practice in international arbitration without reference to particular sets of rules or laws.

There are 18 guidelines at the moment and we are working our way through them, revising and updating them. It is a major undertaking. The new Guidelines identify best practice as to how arbitrators should respond to procedural issues and challenges that commonly arise.

What are the key changes?

At the Singapore Centenary Conference in September we launched the first three new guidelines: Jurisdictional Challenges; Applications for

Security for Costs; and Applications for Interim Measures. These are now published on CIArb’s website.

Further new guidelines will replace the old ones as and when they are signed off.

The style, format and content is very different. We state the key principles succinctly but also now include a discussion of each principle to help practitioners understand their foundation.

We also include endnotes, referencing research materials readers might find useful.

Before, the Guidelines comprised just a narrative discussion of different aspects of each of the topics. The new approach is intended to provide a practical tool and resource for students, academics, teaching faculty and practitioners.

How are CIArb’s Guidelines different from others published by arbitral institutions and bar associations?

The Institute’s Guidelines are different in that no other body offers such a comprehensive, cradle-to-grave set of guidelines.

They start with how to conduct an interview of a prospective arbitrator and finish with the drafting of the final award.

Also, other guidelines are not written with such an international

perspective as they tend to be written as guidance to support use of their own arbitration rules.

CIArb’s Guidelines are more generic and take into account a diverse range of options as to the best way of dealing with the most common issues that arise in the course of arbitration, without reference to any one set of rules or any one law. The PSC’s members come from 13 different jurisdictions and the consultations involve practitioners from all around the world so the Guidelines reflect international best practice.

Are the Guidelines subject to further review?

They are not prescriptive nor set in stone, rather they contain suggestions and recommendations aimed at promoting a consistent approach to decision-making.

It is intended that they be constantly reviewed and updated.

Please send any comments or suggestions to the address below.

email psc@ciarb.org MORE INFO CIArb’s new Arbitration Practice Guidelines: → www.ciarb.org/guidelines-and-ethics/guidelines/ practice-guidelines-protocols-and-rules CIArb’s Arbitration Rules 2015: www.ciarb.org/dispute-appointment-services/ das-arbitration/arbitration-rules

November 2015 | THERESOLVER

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OPINION ADJUDICATION

Philip

Harris Adjudication has worked for the construction sector and can now be sensitively and flexibly expanded to other sectors

MORE INFO CIArb’s Dispute Appointment Service (DAS) provides quick, confidential and cost-effective methods of dispute avoidance and dispute resolution to users in the UK and worldwide.

For further information → www.ciarb.org/das or email DAS@ciarb.org.

Philip Harris C.Arb is an Arbitrator, Adjudicator, Mediator and Partner at Wright Hassall LLP.

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A SUSTAINED CULL OF THE Nor does it have to be a courts in England and Wales is retrospective process. Disputes underway. Many provincial courts under agreements can be resolved are being closed and there has by an arbitrator during the been a huge increase in court fees, currency of those agreements. adding to the cost of litigation.

Technical disputes can be resolved Against this background, the almost immediately if the need for alternatives to court-led arbitration agreement is drafted dispute resolution is plain. Two to allow for this. In the early days such alternatives are arbitration of arbitration over commodities, and adjudication. it was common for the arbitrator to Regarding arbitration, the be called to attend, for example, a task for those who practise and corn exchange to look at and sniff promote it is to restore public corn and decide upon its confidence in arbitration as a soundness. This sort of urgency system of dispute resolution. can be accommodated in the The last decades of the 20th modern arbitration process to century saw reinvigorate it.

English domestic There are a Adjudication has arbitration (as number of been a phenomenal different opposed to success, but it is international currently regarded arbitration arbitration) as a creature of the procedures become stale. It already available construction mimicked court with emphasis industry procedures until on speed of it was almost resolution, such identical. Legal fees were no less as the 100-day arbitration scheme. than in litigation and arbitrators’ Other schemes have built-in fees had to be paid on top. flexibility offering a choice However, the problem lay with the between a document-only misuse of arbitration and not with arbitration, a short-form arbitration itself. arbitration with limited oral English arbitration is a flexible, evidence, or a full hearing. dynamic process offering huge What is needed now is to benefits to the user, such as privacy, publicise the availability of these confidentiality and a decisionflexible and rapid processes and to maker with technical expertise. emphasise their flexibility to the The process is now enshrined in huge range of commercial sectors legislation by The Arbitration Act that would benefit from them, 1996 that requires fair and impartial such as insurance, finance, resolution of disputes without manufacturing, retail, information unnecessary delay or expense. technology, utilities and major Flexibility and reasonable institutions, all of which can swiftness are key to regenerating develop systems of arbitration to arbitration. The process must meet their particular needs. also be tailored to the parties and Adjudication has been a their disputes. phenomenal success but it is

currently regarded as a creature of the construction industry. It was given statutory status in England and Wales by the Housing Grants, Construction and Regeneration Act 1996 as a regime for resolving disputes under construction contracts. It offers fast-track resolution of disputes under those contracts within 28 days of a notified dispute being referred to an adjudicator.

However, there is no good reason why it cannot be extended to other sectors on a contractual and consensual basis.

Contractual, consensual adjudication was provided for in 1981 by the Joint Contracts Tribunal in the standard form known as ‘With Contractor’s Design’ at least 15 years before the statutory regime for adjudication was introduced. It could easily be used in other commercial contracts.

A statutory regime could be applied by new legislation to a host of different types of contract including sales of property or insurance.

Any contract must determine how an adjudicator is to be selected, agreed upon, or nominated in the absence of an agreement. CIArb is already a recognised nominating body.

Since adjudication depends on a readily available group of trained adjudicators with technical knowledge suited to particular disputes, it would be necessary to train adjudicators in the sectors that adopt adjudication.

There is a real opportunity for CIArb to promote adjudication to new economic sectors to help establish and develop procedures that are suitable.

THERESOLVER | November 2015

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LAW

An overview of recent key court cases

ROUND-UP TOWARDS ANOTHER VIEW OF ANTI-SUIT INJUNCTIONS UNDER EU LAW (PART 2)

THE CASE ○ ARBITRATION

C-536/13 Lietuvos Aukščiausiasis Teismas (Lithuania) 13 May 2015

ON 4 DECEMBER 2014, AG WATHELET STATED THAT Allianz and Generali Assicurazioni Generali (the case concerning the jurisdiction of a court of a member state to restrain a party from commencing or continuing proceedings before a court of another member state) could not be applied to anti-suit injunctions issued by arbitral tribunals (see page 9, The Resolver, February 2015).

Following AG Wathelet’s opinion, the Court of Justice of the European Union was asked to consider the following: 1) where an arbitral tribunal issues an anti-suit injunction thereby prohibiting a party from bringing certain claims before a court of a member state, which according to Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (“Regulation 44/2001”) has the power to hear the civil case as to the substance, does the court of a member state have the right to refuse to recognise the arbitral tribunal’s award on the basis that it restricts the court’s right to determine itself whether it has jurisdiction to hear the case within the meaning of Regulation 44/2001?; 2) should the first question be answered in the affirmative, does the same also apply where the anti-suit injunction issued by the arbitral tribunal orders a party to the proceedings to limit his claims in a case which is being heard in another member state and the court of that member state has jurisdiction to hear that case under Regulation 44/2001?; and 3) can a national court, seeking to safeguard the primacy of EU law and the full effectiveness of

Regulation 44/2001, refuse to recognise an award of an arbitral tribunal if such an award restricts the right of the national court to decide on its own jurisdiction and powers in a case which falls within the jurisdiction of Regulation 44/2001? ○ THE JUDGMENT

The Court held that arbitration is excluded from the scope of Regulation 44/2001 by Article 1(2) (d). As a result, it must be interpreted as not precluding a court of a member state from recognising and enforcing, or from refusing to recognise and enforce, an arbitral award prohibiting a party from bringing certain claims before a court of that member state. It also held that proceedings for the recognition and enforcement of an arbitral award

are covered by the national and international law applicable in the member state in which recognition and enforcement are sought, and not by the above-mentioned regulation. ○ WHAT IT MEANS

Regulation 44/2001 does not govern the recognition and enforcement of an arbitral award in the courts of a member state.

The full judgment is available at:

→ www.curia.europa.eu

The Court of Justice of the European Union was asked to consider three questions

WHAT ARE CIRCUMSTANCES IN WHICH AN EXPERT’S DETERMINATION CAN BE CHALLENGED?

THE CASE ○ EXPERT DETERMINATION

Begum v Hossain & Anor [2015] EWCA Civ 717 (14 July 2015)

B AND H SET UP A BUSINESS OPERATING AN INDIAN restaurant and takeaway. For that purpose, they formed a company, Sunam Tandoori Ltd (“the Company”), which was formally the second respondent, but it took no part in the proceedings. B and H had an equal shareholding in the company.

A dispute arose between the parties and B presented an unfair prejudice petition under Section 994 of the Companies Act 2006.

A settlement was reached in those proceedings. H agreed to purchase B’s shareholding in the company at a price to be determined by an independent valuer as per the terms of the settlement. The valuer was provided with the company’s books and records including the handwritten notes of takings. The handwritten takings were expressly declared to be part of those books and records. The valuer issued his valuation. In doing so, he based himself entirely on the company’s profit and loss accounts but paid no regard to the contents of the handwritten takings. He felt that attempting to reconcile the handwritten takings with the trading accounts, or considering what might be the actual turnover in the light of those handwritten takings, was outside his expertise. B challenged such a valuation on the basis that the valuer had purportedly departed from his instructions in a material respect. B sought an order that the valuation be set aside.

B’s claim was dismissed by the High Court and, with permission granted by Floyd LJ, he appealed.

○ THE JUDGMENT

The court held the valuer was to arrive at a fair value of the shares, having regard to the books and records of the company, which included the handwritten takings.

Consequently, he was required to arrive at his valuation by considering the content of all those documents and not simply some of them. The Court referred to Jones v Sherwood Computer Services Limited Plc and Veba Oil Supply & Trading GmbH v Petrotrade Inc, which provide guidance as to the circumstances in which an expert’s determination can be challenged.

The appeal was allowed. ○ WHAT IT MEANS

If an expert makes a mistake while carrying out their instructions, the parties are

nevertheless bound by the expert’s determination. Where the expert departs from their instructions, however, the determination in those circumstances is simply not binding on the parties.

The full judgment is available at:

→ www.bailii.org/ew/cases/EWCA/ Civ/2015/717.html Both reports by Julio César Betancourt MCIArb, Head of Research and Academic Affairs at CIArb.

The handwritten takings were expressly declared to be part of those books and records

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INTERVIEW YOUNG MEMBERS GROUP

The future is bright for ADR A key theme of CIArb’s Centenary celebrations has been how the next 100 years will pan out in terms of ADR. Pivotal to that future is the next generation of practitioners. How are CIArb’s young members gearing up to help shape ADR practice? What challenges do they think will loom large on the ADR horizon and what skills will be essential?

And, not least, how are they overcoming the perennial problem of breaking into a field that rates experience above all else? We ask four members of CIArb’s Young Members Group (YMG) to tell us their thoughts

A Interview: Rima Evans Illustration: Paddy Mills 10

Aje Adeniyi ACIArb, Regional Associate at WSP Parsons Brinckerhoff in London, a civil engineer and Co-Chair of CIArb’s London and South East YMG My background is in maritime engineering consultancy.

I recognised from the outset that on-the-job learning provided limited benefits beyond developing competence in performing the task at hand. In combination with passive learning, however, it means there are unlimited benefits to tap into and I have actively sought out opportunities where both forms of learning present themselves.

In my career, passive learning has come from observing potential mentors at work and being actively inquisitive without being disruptive. By mentors, I mean both senior colleagues and peers.

I have personally invested in formal education to broaden my understanding of the industry I work in and I don’t shy away from new challenges as they can often present the best opportunities to learn on the job.

How did I break out of the cycle of being told I am too young and inexperienced? Developing a culture of exceeding expectation with deliverables through efficient working methods and maintaining a professional work etiquette will almost guarantee that your reputation positively precedes you and that you are first in line for new opportunities. Responsibility without authority can, however, be a pitfall to delivering.

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INTERVIEW YOUNG MEMBERS GROUP Leonora Riesenburg FCIArb, Group Head of Legal at Gulf General Investment Co PSC (Group of Companies) in Dubai, an Arbitrator and Commercial Mediator

So, be clear about the context of your work remit, deliverables and the authority that comes with the responsibility.

Court fees have been a major subject for discussion since I became aware of ADR. The role of information technology in facilitating dispute resolution has also become a mainstream issue. I attended the UK South East Branch Centenary event in September, which included a workshop on dispute resolution via video conferencing between the UK and New York. This was highly enlightening especially in regards to the new EU regulations on online dispute resolution. As other industries and consumers become aware of this regulation, the imminent change in the ADR landscape clearly presents an opportunity for young members.

The ability to manage almost all our personal affairs already exists online – we can shop, interact socially, look after our health and be entertained. The work environment is playing catch-up with similar sweeping changes taking effect. Conference calls and live document edits are conducted online with email file transfer and handsets becoming redundant and screen sharing becoming the norm, with parties working on the same files across the globe.

Keeping up with these changes and the introduction of new internet-reliant technology is the single most important requirement for staying relevant over the next five years. A 10-year lag in such skills will likely result in an irreversible skills deficit.

Companies will become incompatible with trading partners and peers will be unable to offer relevant services.

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My career started in the Inns of Court of London, where on pleading a case in open session in the London courts I was sought out by a Strand-based legal practice with a view to taking on high-value cost cases, many of which won media interest. I was fortunate to be able to gain invaluable experience that may well have taken many years to foster had that opportunity not arisen.

My career took a turn some years later when I was offered the opportunity to run a commercial legal consultancy business in the UK with a former contracts manager who worked with the likes of General Electric, Cegelec and Alstom, whom I valued immensely both for his integrity and technical acumen. As part of a business development venture, piggy-backing on a UK Trade & Investment trade mission, I ventured out to Dubai where I found great support and future business promise.

Before long, core business operations were shifted to the UAE where I have remained since. It was not until the global recession hit and disputes ballooned regionally that I found my real passion in dispute resolution.

It was at this time that I joined a large local legal practice to bolster and drive their Projects and Construction Disputes division. Since then, having built on those successes, I remain positively invested in disputes, dispute management and dispute resolution, both locally and internationally, at various levels.

My advice to young members is to work hard and find something you love doing – it won’t feel like work. Be bold, innovate, push boundaries, embrace challenges, strive for excellence, and press for change, with integrity and with passion.

People will see past outward perception of age, gender and culture if clarity of thinking, passion and integrity is great enough. Thinking back to earlier days, age never seemed an issue – I concentrated on the job at hand, worked hard, never lost my core values or business pragmatism, and focused on adding value through tailoring delivery to meet business objectives at the highest level. Building and maintaining trust and confidence with business leaders and decision makers has proved integral to building a name of substance in the local market.

ADR is ever changing and fast evolving. An overwhelming challenge that any practitioner will face in any jurisdiction is to remain relevant. If you are not up to date with your trade and with the needs and desires of the international business community, you are not adding value. The test for any practitioner, irrespective of age, gender or station, is to keep abreast of change and to lead change to meet modern business needs.

ADR is filled with existing and future promise. It is an absolute delight to both stand witness to and positively participate in the further promulgation and wider acceptance and recognition of private dispute resolution methods in the UAE. Looking ahead, in the context of an aging population among CIArb’s membership, sustainability is a growing problem. Succession planning and investment in the next breed of talent who will lead ADR into its future makes for the next challenge.

Simon Maynard ACIArb, Associate at Three Crowns LLP in London and Vice-Chair of CIArb’s YMG Steering Committee I began my career in the international arbitration group of a magic circle law firm, having first completed a training contract at that firm. In 2015, I joined Three Crowns, a firm of specialist international arbitration advocates.

Young practitioners should remember that it is never too early to take ownership. Whatever role or task you have been assigned on a

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challenges. The first is recognising that the arbitral process can – and must – continue to improve, and to see every arbitration as an opportunity to contribute toward that progress through procedural innovation.

The second is to make a real commitment to diversity in the legal profession, in particular to ensuring that background is no barrier to success. This a moral imperative in itself but there is also reason to believe a more diverse profession will manifest itself in a greater commitment to the promotion of the rule of law and the safeguarding of fundamental rights across jurisdictions.

Sometimes, trite as it may sound, we need to think about doing good, not just doing well.

matter, however unglamorous it might seem, own that workstream. That means more than doing a good job, it means taking long-term responsibility for how that workstream fits into the case and anticipating what will be required as the case develops.

Often, the pressure for established and experienced practitioners comes from clients.

It is therefore important to work with partners who are willing to champion the ability of their associates and to present them as an integral part of the client’s counsel team. This should form a key part of the mentorship role of the senior members of a practice.

The attenuation of the career path can make it more difficult to keep motivated and, in particular, maintain a sense of progression in your career. This underscores the importance of two things: first, a varied diet of interesting and demanding work; and second, regular feedback and mentoring.

On that second point, it is important that senior colleagues have a real commitment to mentoring and developing their practice’s future talent, their young practitioners. At the same time, young practitioners also need to remember it’s a two-way street: if you’re not getting the appraisal time you need, then ask!

Increasingly, clients want tailored solutions to complex problems. This demands a more bespoke approach, which recognises that quality of advice and advocacy, rather than volume of lawyer hours and length of submissions, is what makes the difference in complex international disputes. Rising to this challenge will be a big part of what defines the future of ADR. I would like to see my generation rise to two

Arran Dowling-Hussey FCIArb, Barrister and Arbitrator in Dublin, Ireland and Chair of CIArb’s YMG Steering Committee ADR tends to be a secondary career for those who, like me, first qualified as a lawyer, or perhaps as an architect or engineer and it can be less obvious how you might develop professionally in a secondary profession.

I took University College Dublin’s Professional Diploma in Arbitration in 2003 while qualifying as a barrister, before I started working out of the Law Library, Dublin and 1215 Chambers in London.

Until very recently, when I stepped down from involvement, I had arranged monthly forums since 2012 with colleagues in Dublin.

These were regular round table discussions organised for CIArb. It’s good to have a chance to network and be given guidance in an informal situation. As well as local speakers we have had a number of people join us from abroad such as Courtenay Griffiths QC who spoke at a session looking at the overlap between crime and ADR. Personally, I have been fortunate to be offered guidance by those who owed me no obligation to assist in the way they have done.

John Tackaberry QC C.Arb, Professor Doug Jones AO C.Arb, Michael Stephens FCIArb and Tony Cole have been particularly kind.

Members in CIArb Ireland have also been very wise and patient. I was fortunate to lecture in arbitration in Dublin City University in 2010 and at that stage of my career to do so was of significant assistance professionally.

I’m honoured to have been nominated to be a representative for CIArb at the UNCITRAL Working Group III (Online Dispute Resolution) later this year and look forward to following

this issue. In some ways, we are in a transitional period with regard to some aspects of the practice of ADR and it’s not immediately clear how and when that issue will settle down.

As a neutral or as a party representative you have to capture and maintain the confidence of your client or all of the parties depending on which role you perform. Some of that follows from general life experience and from other professional work. Occasionally, students or very newly qualified lawyers tell me that they are ready to be an arbitrator now. That’s fine.

Ambition and energy is good. However, the marketplace can’t be turned on its head.

Patience and having a few strings to your bow are suggestions that were made to me earlier in my career. I’ve made them to people recently and, as trite and unimaginative as they may be, they are nevertheless remarks that should not be dismissed.

I hope our generation will keep developing ADR in an open way. It may not be done quickly but ADR changes constantly and people have to drive that process. Present issues in many jurisdictions include the scope of arbitrability and the cost and length of ADR processes.

CIArb’s YMG serves an invaluable role as a gateway into ADR. Advice and opinion from past and present YMG members, including Mandy Aylen FCIArb, Laurence Burger FCIArb and Gonçalo Malheiro ACIArb, helped me before and after I became YMG Chair.

Maintaining that collegiality is something I hope has been a factor of the YMG more recently.

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CIArb NEWS BRANCH ROUND-UP BAHAMAS

Executive Committee installed in Nassau The Bahamas Branch installed its Executive Committee Officers at a guest luncheon held in the conference room of Luciano’s of Chicago restaurant in Nassau.

Guest speakers included The Hon Khaalis Rolle, Minister of State for Investments, and The Hon Hope Strachan, Minister of Financial Services.

The installed officers are: Chairman, His Excellency Dr Richard C Demeritte ACIArb, Chartered Accountant; First Vice

The officers’ installation ceremony in Nassau: The Hon Hope Strachan, Minister of Financial Services (centre), confirms plans for a new international arbitration centre

LONDON, UK

AUSTRALIA

Capital events

Centenary celebrations

The branch held a seminar entitled: ‘Expert Determination in Practice’ on 16 June. The event was hosted by PwC LLP. The panel comprised John Fisher, Leader of PwC’s Disputes Practice, Clive Freedman C.Arb of 3 Verulam Buildings, and James Farrell, a Partner at Herbert Smith Freehillls LLP. The branch held its 12th (Centenary) Mediation Seminar on June 30, which was hosted

by Clyde & Co. The speakers were recently retired judge, The Rt Hon Sir Bernard Rix FCIArb, mediator John ‘Jay’ McCauley, and Matthew Rushton of JAMS International. They were joined by mediator Geoff Sharpe.

Irvinder Bakshi C.Arb, Branch Chair, oversaw the proceedings.

The London Branch and LCIA then held their 11th Annual Joint Seminar entitled, ‘Tribunal Secretaries: Myths and Realities’ on 10 September.

The seminar, hosted by Herbert Smith Freehills LLP, featured a panel comprising Jacomijn van Haersolte-van Hof, Director General of the LCIA, Sophie Nappert of 3 Verulam Buildings, Nicholas Peacock MCIArb of Herbert Smith Freehills and Lucy Martinez of Three Crowns LLP. 14

CIArb Australia Centenary celebration events take place from 23-24 November during Sydney Arbitration Week. They include a Welcome Reception Harbour Cruise, the third International Arbitration Conference and a Black Tie Gala Dinner.

CIArb Australia and the ICC will then host a joint event on 25 November, involving an ICC mock emergency arbitration.

There will also be a presentation

by City University of Hong Kong’s Dr Fan Yang FCIArb. She is speaking on the progress of an enforcement application in China of the Castel v TCL international arbitral award made in Australia.

→ www.ciarb.net.au/centenary/ centenary-celebrations WALES, UK

Legal conference On 9 October the SSE-Swalec Stadium in Cardiff welcomed the Legal Wales Conference 2015, an event supported by the Wales Branch. The event drew around 160 lawyers from across Wales.

Speakers included Christopher Stephens of the Judicial Appointments Commission and The Rt Hon the Lady Clark of

Calton QC. One session was a first joint venture between CIArb and the Association of Wales and Border Counties Mediators.

Branch Chairman Paul Newman FCIArb collaborated with Alyson Houghton and Elizabeth Ashford in the presentation: ‘Delivering Affordable Solutions to Civil Law Disputes in Wales’.

For session materials, visit:

→ www.3pb.co.uk/newsarticle/910 KENYA

China discussions The Kenya Branch hosted a delegation from the China Law Society at the Branch Secretariat on 14 August. Discussions centred on a joint China-Kenya collaboration on investment disputes and bilateral agreements.

Also discussed was modification of arbitration rules to take into account Chinese requirements.

With the increased investment and trade between China and African countries, the China Law Society considered there was a need to have a joint China-Africa dispute resolution mechanism.

The meeting noted that the China Law Society had entered into a commitment with the Arbitration Foundation of Southern Africa. An agreed South Africa dispute resolution mechanism would be in place before the end of 2015.

Chair, Dr Peter Maynard ACIArb, Barrister at Law; Second Vice Chair, Mrs Cherise Cox-Nottage MCIArb, Barrister at Law; Honorary Secretary General, Tony S Joudi ACIArb, Civil Engineer; and Honorary Treasurer, Hubert Edwards ACIArb, Chartered Accountant.

The Hon Hope Strachan also confirmed that plans for the establishment of an international commercial arbitration centre are well under way.

CYPRUS

Training update The branch successfully completed Modules one to four last semester.

The branch also successfully completed three arbitration club meetings. Modules two to four on international arbitration started in September and a Training for Examiners took place in Nicosia in October. A Centenary gala dinner and conference was held in October, titled: ‘Prospects of ADR in the New Century, The Future’.

EAST MIDLANDS, UK

Stay up to date The East Midlands Branch is to host an ADR Legal Update (Arbitration Adjudication and Mediation) and Workshop on 6 November. Guest speaker Peter Collie C.Arb, Barrister, Mediator and Adjudicator will present the legal update.

Derek Simmonds C.Arb will present the workshop session covering practical issues arising in arbitration and adjudication.

A talk on ‘Payment Notices and Adjudication under the Construction Act’ by Justin Mort QC of Keating Chambers will take place on 10 November.

For more information,

email Jocelyn1taylor@btinternet.com • For longer versions of branch news

→ www.ciarb.org/branch-news

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CIArb NEWS INTERNATIONAL CENTENARY CONFERENCES More than 120 members and delegates met in Livingstone, Zambia, for CIArb’s Africa Region Centenary Conference, which took place over 15–17 July. The agenda spanned seven conference sessions and included contributions from more than 25 speakers representing eight jurisdictions.

The conference delegation at the AVANI Victoria Falls Convention Centre

Conference speaker Olusola Adegbonmire C.Arb and Mary Fulilwa of Mother Land Tours & Events (on-site (o site conference team)

Delegates and guests board the African Queen for a Zambezi river cruise

Left to right: President Charles Brown C.Arb, Africa Region Trustee Bayo Ojo FCIArb and Director General Anthony Abrahams MCIArb

The Singapore Centenary Conference was held on 3-4 September at the Marina Bay Sands Expo and Convention Centre. The theme of the conference was ‘The Age of Innovation: Addressing the Perils and Promises of Arbitration.’ The event was attended by more than 300 people, including renowned international arbitration practitioners, legal practitioners, arbitration users and providers, and representatives from the major arbitral institutions.

Networking reception

Conference delegates in session

Speakers Abha Patel MCIArb and Edward W Fashole-Luke II FCIArb (on right)

Richard Tan C.Arb, Immediate Past Chairman of Singapore Branch

Gala Dinner

Panel session: ‘Effectively Managing An Investment Treaty Arbitration (Asian perspective)’

Panel session: ‘Successfully Blending Civil And Common Law Practices’ President of CIArb Charles Brown and Vanina Sucharitkul MCIArb Delegates mingling

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The Hon the Chief Justice of Singapore and CIArb Patron, Sundaresh Menon delivers the keynote address

Francis Xavier SC C.Arb, Chairman Singapore Branch

Speaker Stephen Moriarty QC

Paul Sandosham C.Arb, Chairman of the Organising Committee for the Conference

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CIArb EVENTS LONDON CENTENARY CONFERENCE Delegates and distinguished speakers gathered at CIArb’s London Centenary Conference, held from 1-3 July.

The event, one of the flagship centennial conferences organised during 2015, was held at the Guildhall. Its key theme was the launch of CIArb’s draft Principles on what makes an effective seat in international commercial arbitration.

Speakers included CIArb Patron The Hon the Chief Justice Sundaresh Menon; The Rt Hon the Lord Neuberger of Abbotsbury PC; The Rt Hon the Lord Phillips of Worth Matravers KG PC; The Rt Hon the Lord Goldsmith QC PC; Toby Landau QC C.Arb; and Wendy Miles QC FCIArb. More than 250 delegates g attended.

The Hon the Chief Justice Sundaresh Menon chairs the session, ‘National Courts and arbitration: collaboration or competition’

Conference sessions were packed

Rashda Rana SC FCIArb President of ArbitralWomen

Left to right: The Hon Judge Dominique Hascher, The Hon Sir Vivian Ramsey QC, CIArb Patron The Hon the Chief Justice Sundaresh Menon and The Hon Chief Justice James Allsop AO

Winding down at the CIArb Centenary Conference Gala Dinner and Dance

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Keynote address from The Rt Hon the Lord Neuberger of Abbotsbury PC Professor Doug Jones AO C.Arb

Toby Landau QC C.Arb addresses delegates

Eminent speakers lead the debate

Speaker The Hon the Chief Justice Sundaresh Menon

Delegates at the conference Left to right: Professor Doug Jones AO, The Hon Chief Justice James Allsop AO, Judith Gill QC FCIArb, The Rt Hon the Lord Goldsmith QC PC and Wendy Miles QC FCIArb

Delegates network at the event

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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

January – June 2016 CIArb professional training diary Unless otherwise stated, all courses below are held in London.

Introduction to ADR Available online soon 10 March or 12 May Duration: 1 day Fee: £480 A complete explanation of the main categories of alternative dispute resolution.

Introduction to International Arbitration 3 March or 23 June Duration: 1 day Fee: £480 An introduction to the general principles of international arbitration.

Module 1 (Law of Obligations and Civil Evidence) 1 March Duration: 9 months Fee: £1,320 For those who wish to gain a firm understanding of all the key elements of obligations and evidential law that affect matters in civil and commercial disputes.

Module 2 (International Arbitration) 9 March Duration: 5 months Fee: £1,320 This module provides detailed knowledge of the law underpinning international arbitration.

Module 3 (International Arbitration) 16 March Duration: 7 months Fee: £1,860 Provides detailed knowledge of the main elements of international arbitration.

Module 4 (International Arbitration) 29 March Duration: 5 months Fee: £1,320 Provides the knowledge required to write an international arbitration award.

Accelerated Route to Membership 17-18 February Duration: 2 days Fee: £1,320 Assesses whether the candidate has the knowledge required to understand the process of international arbitration.

Accelerated Route towards Fellowship 23-24 March Duration: 2 days Fee: £1,860 Specially designed for busy, legally qualified professionals.

Introduction to Mediation 16 February Duration: 1 day Fee: £480 An introduction to the general principles of mediation.

Module 1 (Mediation) 15, 16, 17, 18, 21 March Duration: 5 days Fee: £2,400 An intense five-day course for those who wish to become an accredited mediator.

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KEY: GENERAL ADR ARBITRATION INTERNATIONAL ARBITRATION ADJUDICATION MEDIATION OTHERS

Module 2 (Mediation) 22 March Duration: 1 day Fee: £1,560 This is an assessment programme aimed at candidates who wish to become a CIArb Member and CIArb Accredited Mediator. It builds on the CIArb mediation training (Module 1 Mediation) course that candidates should have completed to get to this stage, or a CIArb approved equivalent course.

Module 3 (Mediation) 1 March See Module 1, Adjudication, for details.

Module 4 (Mediation) Open entry Duration: 6 months Fee: £660 Demonstrate a robust academic knowledge of a chosen area of mediation.

Introduction to Domestic Arbitration 21 April Duration: 1 day Fee: £480 Provides an understanding of the general principles of domestic arbitration.

Module 1 (Law of Obligations and Civil Evidence) 1 March Duration: 9 months Fee: £1,320 For those who wish to gain a firm understanding of all the key elements of obligations and evidential law that affect matters in civil and commercial disputes.

Module 3 (Domestic Arbitration) 16 March Duration: 7 months Fee: £1,860 Provides a detailed knowledge of the main practice and procedural elements of domestic arbitration.

Module 4 (Domestic Arbitration) 30 March Duration: 5 months Fee: £1,320 Provides the knowledge required to write a final, reasoned and enforcable domestic arbitration award.

Accelerated Route to Membership (Domestic Arbitration) 17-18 February Duration: 2 days Fee: £1,320 A fast-track route to membership via the domestic arbitration pathway.

Accelerated Route towards Fellowship (Domestic Arbitration) 23-24 March Duration: 2 days Fee: £1,860 For those with substantial unassessed knowledge of domestic arbitration.

Family Arbitration 6-7 April Duration: 2 days Fee: £1,980 The course provides an understanding of the elements of Family Arbitration.

It will give candidates an understanding

of the principles, procedure and practice involved. To book, please contact Jacqui Jackson at jacquijackson. ifla@mail.com or go to the IFLA website www.ifla.org.uk Introduction to Construction Adjudication 17 May 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) 1 March Duration: 9 months Fee: £1,320 Suitable for individuals who wish to become qualified dispute resolvers.

Module 2 (Construction Adjudication) 12 April Duration: 5 months Fee: £1,320 Provides detailed knowledge of the law underpinning the process and procedure of construction adjudication.

Module 3 (Construction Adjudication) 8 March Duration: 6 months Fee: £1,860 Provides detailed knowledge of the main practice and procedural elements of construction adjudication.

Accelerated Route to Membership (Construction Adjudication) 23-24 February Duration: 2 days Fee: £1,320 A fast-track route to membership via the construction adjudication pathway.

Accelerated Route towards Fellowship (Construction Adjudication) 5-6 April Duration: 2 days Fee: £1,860 Assesses whether the candidate has the knowledge required to apply the principles and procedure of construction adjudication.

CIArb EVENTS SPOTLIGHT

23–24 November, CIArb Centenary Celebrations Australia The Centenary Celebrations will begin on 23 November with a Welcome Reception at Sydney Harbour.

CIArb Australia will co-present the third International Arbitration Conference at the Sofitel Sydney Wentworth on 24 November. The Conference will examine ‘Opportunities and Challenges for Dispute Resolution in the Next Century.’ Subsequently, The Hon Robert French AC, Chief Justice of the High Court of Australia, will speak at the CIArb Centenary Black Tie Gala Dinner on 24 November at the Museum of Contemporary Art Australia.

26 November: Alexander Lecture, London V V Veeder QC FCIArb is an arbitrator specialising in commercial law and international investment disputes.

He will be speaking on: “What matters about arbitration?”

4 December: Third Dispute Appointment Service (DAS) Convention, London The theme of this year’s convention is ADR’s role in providing access to justice.

At a time of significant civil justice reform, a greater emphasis on ADR will provide the government with the ability to make necessary savings at a time of budgetary constraint, while helping businesses avoid long, drawn out disputes to secure economic success for all parts of the United Kingdom.

16 December 2015, Festive CIArb/ ArbitralWomen SpeedNet, London This networking event for women will take place from 6-9pm at 12 Bloomsbury Square.

For more details → www.ciarb.org → Email: events@ciarb.org

RECOMMENDED COURSE Module 1: Mediation This five-day course is aimed at candidates who wish to become a CIArb Member and Accredited Mediator. It is also beneficial to those who wish to use mediation skills in their current profession.

On successful completion of this course, candidates will be able to: • Define mediation and explain its place in the context of other forms of dispute resolution; • Explain the process, procedure, its advantages and disadvantages; • Demonstrate competence in the mediator’s core skills; • Demonstrate that they can manage a mediation.

Dates: 15, 16, 17, 18, 21 March Fee: £2,400 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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T: +44 (0)20 7421 7444

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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