The Resolver Winter 2016

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

February 2016

All-Party Parliamentary Group to change ADR culture in the UK Will a new online dispute resolution law boost the profile of ADR? Legal round-up How to practise in China CIArb’s DAS Convention - in pictures

www.ciarb.org

New year, new you Unleash the power of social media to boost your profile

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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 director: 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 E: marketing@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 GOVERNANCE AND LEGAL SERVICES Tom Cadman legal@ciarb.org DISPUTE APPOINTMENT SERVICE Keisha Williams DAS@ciarb.org

Sundra Rajoo

LEADER

THE PAST YEAR SAW A SPIRITED SHOW OF intent and camaraderie from everyone associated with the Institute. Flagship conferences took us from the UK to Hong Kong, Zambia, Singapore and Sydney, while insightful events were carried out by many of the 37 CIArb branches globally, including in Kuala Lumpur. Through these events, we have shown our capacity to work together for the common good of the Institute.

Kudos goes to Immediate Past President Charles Brown C.Arb, who rendered sterling service in hoisting the CIArb flag in its Centenary year. Yet the end of one century is the beginning of a new one for the Institute.

Wolf von Kumberg FCIArb, Chair of the Board of Management, has suggested that we are truly becoming a global institution and CIArb’s committees reflect this global make-up.

Our general membership and its spread also support his observation.

This year is about leveraging the positive imprints left across all continents as we seek to develop further and reach out geographically.

We need to grow our learned society in under-served markets if we want to be truly global.

CIArb’s Golden Thread is key to the Institute’s core goal of maintaining high educational standards and relevance in the ADR community. However, the Golden Thread concept – and how it will work – will need to be circulated widely and explained to our membership at large.

My goal for this year is to continue the work I began as Deputy President throughout 2015. The presentations in London, New York, Singapore, Hong Kong, Dublin, the Caribbean and Sydney were key forums in which our members collectively came together, putting forth innovative and eye-opening solutions to take this Institute and the ADR industry forward.

I hope to be able to get your views on how we can implement and successfully follow through on the areas identified.

We need to grow our learned society in under-served markets if we want to be truly global

Datuk Professor Sundra Rajoo C.Arb President of CIArb

CONTENTS WATCH

© 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.

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4-5 News: Parliamentary voice for ADR; CIArb’s new President and Deputy President 6 News analysis: Members give their views on the Centenary Legacy 9 Law round-up: IPCO (Nigeria) Limited v Nigerian National Petroleum Corporation [2015]; and Wu Yim Kwong Kindwind v Manhood Development Limited (2015)

REGULARS AND FEATURES 8 10 14 15 16 18

Opinion: Elisabetta Sciallis on how a new European regulation concerning online dispute resolution will improve the accessibility of ADR Cover: What value can social media websites bring to ADR practitioners?

And how do you take the first step towards engaging with online communities?

How to… practise in China CIArb news: London Branch Centenary Dinner; Mustill Lecture CIArb events: Third annual DAS Convention; the Young Members Group Centenary Celebration Conference; and the Alexander Lecture What’s On: Round-up of upcoming training courses February 2016 | THERESOLVER

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WATCH

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The number of signatory and contracting states to the ICSID Convention. Iraq became the latest signatory on 17 November 2015 and the Convention entered into force on 17 December 2015.

Source: ICSID

Parliamentary voice for ADR All-Party Group to promote alternative dispute resolution

CIArb has launched a new arbitration scheme designed for businesses that delivers a simple, quick and cost-effective method of dispute resolution.

The Business Arbitration Scheme (BAS) has been developed to cater for claims of between £5,000 and £100,000.

A sole arbitrator will provide parties with a final, legally binding decision on their dispute in less than 90 days from the appointment of the arbitrator.

Fees, to cover administrative costs and the arbitrator’s fees, are also fixed, giving the parties certainty as to costs. The successful party can apply to reclaim their application fee and up to £1,000 towards their costs of the arbitration. This limit protects a party against liability for their opponent’s high legal costs.

BAS was unveiled at the third annual convention of CIArb’s Dispute Appointment Service (DAS), which will be administering the scheme.

Keisha Williams, Head of the Dispute Appointment Service, said the current climate of rising court fees had led to businesses seeking more timely and cheaper dispute resolution.

“The new scheme looks to provide for this market. The key benefits are certainty of a result with limited right of appeal, a decision within a fixed period (90 days), an award enforceable through the courts and fixed costs,” she said.

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into the system of dispute resolution in the UK, to ensure it is meeting current and future needs.

Its launch comes at a time when the government is embarking on a radical civil justice reform programme.

A recent survey, launched by the Ministry of Justice last year, indicated that if the public was better informed about the value and effectiveness of mediation, many more people would use it.

The Civil Court User Survey 2014/2015 highlighted that most individual claimants had taken some form of action to avoid going to court. Seventy per cent had contacted the other side to try to resolve the dispute. Only 23 per cent attempted formal mediation, though a further 14 per cent did think about it.

The survey identified a clear need to make better information available to potential litigants at

an early stage about the choices open to them for resolving disputes without the need to proceed to trial, said the CMC. The group, chaired by John Howell MP, will aim to improve information available to improve access to ADR. CIArb will be providing the secretariat for the group. Director General Anthony Abrahams MCIArb said: “CIArb has been increasingly active in the public policy environment to promote alternatives to court, and the work of our members is aimed at dispute avoidance and dispute management away from litigation.

We hope this cross-party group can become a knowledge hub within Parliament.

“We look forward to working with John Howell MP and his colleagues, as well as other sector bodies, to drive forward the ADR agenda.”

Arbitration reforms come into force in India Long-awaited arbitration reforms have been made in India to make the process more time- and cost-efficient, and to improve its image as an arbitration destination.

The Arbitration and Conciliation (Amendment) Act, 2015 is now in force. It will not apply to arbitrations initiated prior to 23 October 2015, unless the parties agree otherwise.

A key change is that the tribunal must render an award within 12 months. Parties may agree to extend this period by six months. After that only the court, upon sufficent cause, may extend it by such time as it considers appropriate.

While extending this time period, courts may reduce arbitrators’ fees by five per cent for each month of delay.

The legislation also allows parties to opt to pay arbitrators’ additional fees for concluding the arbitration within the original six-month period.

The Act introduces a fast-track arbitration procedure under which, at the discretion of the

parties, there will be a single arbitrator’s award announced within six months.

Also, if a court orders interim relief before the commencement of arbitral proceedings, the arbitral proceedings must be commenced within 90 days.

ALAMY

Cost-effective BAS to cater for smaller claims

An All-Party Parliamentary Group has been formed to promote the wider use of alternative dispute resolution (ADR) in the UK. The group, which met for the first time last year, will act as a leading voice for ADR in the UK Parliament, engaging with MPs, civil servants and other stakeholders to influence government policy and “change the climate and culture of dispute resolution in the UK”.

An Advisory Group, which includes representatives from CIArb, the Civil Mediation Council (CMC), Ombudsmen Services, and community, consumer and workplace dispute resolution services, will work alongside the all-party group.

A programme of meetings has been arranged to look at raising awareness of effective dispute resolution processes and how they might be better integrated

THERESOLVER | February 2016

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DAS Convention →Lisa Pearce from the Department for Business, Innovation and Skills was

among the speakers at the annual convention last December, see page 16

An answer to venue prayers?

The International Chamber of Commerce (ICC) has announced two new policies to promote transparency and to curb unjustified delays in arbitrations.

The first will see the Court publish on its website the names of the arbitrators sitting in ICC cases, their nationality and whether the appointment was made by the Court or by the parties. It will also identify which arbitrator is chair of the tribunal.

The policy applies to all cases registered from 1 January 2016.

The case reference number and names of the parties and counsel will not be published to preserve confidentiality.

Parties will also be able, through mutual agreement, to opt out of the disclosure. They may also request that the Court publishes additional information about a particular case.

The ICC said the move will show the quality of its tribunals and provide an additional incentive to promote regional, generational and gender diversity in the appointment of arbitrators.

The second step sees cuts to arbitrators’ fees if there are unjustified delays in submitting draft arbitration awards. The ICC may even increase fees in cases where a tribunal has conducted the arbitration expeditiously.

ICC arbitral tribunals are expected to submit draft awards for scrutiny within three months after the last substantive hearing or written submissions (two months for sole arbitrators).

Cuts to fees will increase the longer the delay of the award. For draft awards submitted more than 10 months after the last hearing or written submissions, fees will be reduced by 20 per cent or more.

Arbitrators’ fees will not be lowered if the Court is satisfied the delay was justified.

Businesses locked in disputes may soon be able to get some help from an unexpected source.

English cathedrals are getting behind commercial mediations by offering themselves as neutral venues for the resolution of business conflicts.

Mediation at the Cathedral is a new scheme launched last month.

The first such venue is the Almoner’s Hall at Peterborough Cathedral. Plans are also afoot for the establishment of a national network of similar mediation venues up and down the country, through the support of the Association of English Cathedrals.

A conference will take place at Peterborough next year for the cathedrals involved.

Dominic Hopkins, Partner and Head of Dispute Resolution and Litigation at Hewitsons and a Trustee at Peterborough Cathedral, has been instrumental in the development of the scheme.

He said: “Mediation is a tried

GETTY

ICC seeks greater transparency and fewer delays Cathedrals to offer a neutral location for conflict resolution

and tested tool in the toolbox of the commercial litigator, but finding somewhere suitable for the occasion, and acceptable to both parties, can be a frustratingly time-consuming process. There are many ‘must haves’ to consider, such as convenience of location, price, accessibility, adequate technology and flexibility.

“I am delighted the Almoner’s

Hall is now available for use for mediations. The Dean is fully behind the concept and it gives this fantastic building a new lease of life.

“Finding neutral territory is extremely important when setting up mediations and the cathedral setting is not only peaceful and conducive to putting all parties at ease but it also offers wellsupported services.”

CIArb’s new President and Deputy President CIArb welcomes Datuk Professor Sundra Rajoo C.Arb as its President for 2016 and Professor Dr Nayla Comair-Obeid C.Arb as its Deputy President.

Rajoo, who is also the Director of the Kuala Lumpur Regional Centre for Arbitration, is a non-practising advocate and solicitor of the High Court of Malaya. He is also a professional architect and registered town planner.

He has had numerous appointments as chairman and co-arbitrator of three-man panels and as a sole arbitrator in international and domestic arbitrations. He also serves on the panel of numerous international arbitral institutions and organisations.

Sundra Rajoo

Nayla Comair-Obeid

Comair-Obeid is the founder of Obeid Law Firm in Beirut and specialises in international business law in the Middle East.

She has been a member of CIArb since 1998.

In other appointments, the new

Chair of the Board of Trustees is David Brynmor Thomas MCIArb and the Deputy Chair is Jonathan Wood MCIArb. A full list of the members of the Board of Trustees can be seen at

→ www.ciarb.org/about/whos-who February 2016 | THERESOLVER

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NEWS ANALYSIS CIArb CENTENARY CIArb’s Centenary year was celebrated far and wide to mark the Institute’s proud history, growth and achievements, but also to debate the future of ADR. What have been the main legacies of the Centenary conferences and events across the world?

We ask members for their views

O

All set for the next 100 years

AFRICA

Olusola Adegbonmire C.Arb, Africa Region Centenary Conference Committee Member in Nigeria One of the key learnings to emerge from CIArb’s Centenary year, with particular reference to the Africa Region Centenary Conference in Zambia, is that there is a huge untapped market for arbitration in Africa.

The Institute can help African members meet this opportunity through training and the promotion of ADR. The theme of the Zambia conference was ‘Learning from Africa’ and many of the speakers spoke about the challenges to arbitration and other forms of ADR, and how they can be overcome.

One aspect that emerged was the need to engender confidence in all stakeholders to use African seats with African arbitrators.

This would include building capacity in the judicial systems and in the various African state judiciaries so as to create arbitration-friendly judiciaries that then encourage the growth and use of arbitral centres and arbitration in general in Africa.

It is hoped that all this will positively affect the growth and practice of ADR in Africa.

Training is starting to address areas affecting ADR that were

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previously ignored. For example, following the conference, the Nigeria Branch began training on arbitration advocacy – training lawyers on what they need to understand when acting as party representatives in ADR proceedings as opposed to litigation. This will be invaluable, since many lawyers treat ADR like litigation, thus causing a lot of problems and delays in the ADR process.

NEW YORK, USA Peter L Michaelson C.Arb, Chair, New York Branch and Nancy M Thevenin FCIArb Chair, Branch Publicity Committee A few key themes emerged during the Centenary for us.

The first is the increased importance of training and international accreditation – key factors that distinguish the Institute from other organisations.

No other organisation in the world accredits arbitrators to the calibre it does.

Earlier this year, we joined with Columbia Law School’s Center for International Commercial and Investment Arbitration to organise a course on the fundamental doctrinal underpinnings of international arbitration. Given the demand for – and enthusiastic feedback about – the course, we will organise it again in June, and are adding an

optional Accelerated Route to Fellowship immediately afterwards for those who want to seek Institute Fellowship. The combination of the two courses will provide an excellent substantive and procedural foundation to participants.

The second key development is the increased need to train our members in the effective use of technology in dispute resolution processes, and for branches to better use technology to reach members. For example, we held a joint conference with the South East UK Branch during which we demonstrated the advantages and disadvantages of examining a witness remotely via video-link.

The NY Branch also organised a multiple-location conference on the UNIDROIT Principles where we brought together experts from different parts of the world through video-link to share their expertise with a global audience.

We have observed that these formats have become necessary as the branch seeks to provide education and training to members located worldwide.

The third major development is the increased visibility of the Institute in North America through branch efforts such as ours. Despite the NY Branch’s short existence, its activities are building increased market recognition and demand for the Institute’s Fellowship credential which, while internationally respected, had not been as widely pursued within the US.

THERESOLVER | February November2016 2010

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Datuk Professor Sundra Rajoo C.Arb, CIArb President and Director of the Kuala Lumpur Regional Centre for Arbitration The Centenary Conference in London in July saw the launch of the CIArb London Centenary Principles on what makes a safe seat for the conduct of international arbitration. It demonstrated the leadership of the Institute in suggesting certain standards that need to be met and these created debate globally.

It signified awareness that we need to help set the agenda for the next 100 years and that the Institute is looking forward, staying relevant and being innovative. The Centenary year was a celebration of achievement but it was also just the start of new developments, progress and change.

Building capacity through training is a core strength of the Institute and we have to build on that platform to grow membership across all regions, particularly those in poorly represented areas. This will help create highly skilled, highly ethical practitioners. Attaining Fellowship and Chartered status sets an example to others as well as enhancing careers.

It was also significant that CIArb opened a regional office in Kuala Lumpur, reaching out to new

places where there is increasing activity. The potential in the Far East and Australasia is tremendous. The past 10 years have seen a real shift in ADR activity in places such as Hong Kong and Singapore. We look forward to its further growth globally over the next 100 years.

AUSTRALIA Caroline Kenny QC FCIArb, CIArb Australia Vice President and Chair, CIArb Australia Centenary Celebrations Committee The Centenary celebrations in Australia underscored the Institute’s leadership and global reputation in delivering a gold standard in professional development, training and accreditation.

During 2014 and 2015, CIArb Australia held a record number of continuing professional development events, which attracted large numbers of attendees. The Institute also conducted training and accreditation that brought in candidates from around the whole Asia-Pacific region.

As part of CIArb Australia’s commitment to global arbitration scholarship, for the past two

LONDON, UK years we have asked students and lawyers of less than five years standing to enter an essay competition on a topic chosen by a panel. The competition attracted double the number of entries this year with submissions from across the Asia-Pacific region and, for the first time, support from Australia’s major universities.

The third International Arbitration Conference was co-presented by the Law Council of Australia, the Australian Centre for International Commercial Arbitration and CIArb Australia.

It addressed many issues relevant to the promotion of arbitration and other forms of dispute resolution on a global scale.

I believe our ‘legacy learnings’ will have a significant impact on ADR practice and development in the future and will significantly enhance Australia as a seat for arbitration. Our courses and the various Centenary events provided the opportunity for major law firms and the judiciary to work together to promote ADR as an alternative to litigation. This was a unique opportunity and something for the Australia Branch to build on.

We will continue to see a heightened interest in ADR across Australia, especially in international arbitration.

Amanda Lee FCIArb, CIArb Young Members Group Steering Committee Member, who is based in London CIArb’s Centenary highlighted that international commerce is best served when arbitral bodies and courts co-operate and complement each other. It was fitting that it coincided with the 800th anniversary of the sealing of the Magna Carta, for arbitrators have a vital role to play in upholding the rule of law.

The ever-increasing prominence of international arbitration makes the promotion of professional standards essential. The Principles established a benchmark for the measurement of the success of an arbitral seat. New arbitral seats will be informed by the Principles, which will inspire debate.

The new Arbitration Practice Guidelines also have a key role to play in promoting best practice.

Arbitrators, including young practitioners as future arbitrators, will turn to them, leading to robust decisions.

By taking on board the lessons of the Centenary and embracing the need for true co-operation between parties, counsel, arbitrators and institutions, young practitioners will be well placed to ensure ADR continues to evolve to meet the challenges of CIArb’s next century.

February 2016 | THERESOLVER

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ISTOCK

KUALA LUMPUR, MALAYSIA

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OPINION ONLINE DISPUTE RESOLUTION

Elisabetta

Sciallis How will a new European regulation concerning online dispute resolution improve accessibility of ADR more generally?

Elisabetta Sciallis is the Executive at the UK European Consumer Centre, which offers free and impartial advice and assistance in cross-border European disputes between consumers and traders.

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THE EUROPEAN ONLINE was for the platform to be Dispute Resolution (ODR) available from 9 January 2016.

Platform is an electronic Key strengths of this new case-management tool created provision are that it will give by the European Commission. consumers and traders Under Regulation EU No a highly visible and more 524/2013, consumers and accessible tool to resolve their traders can use the tool to disputes out of court and in a resolve their disputes if they are prompt manner. in relation to the online sales of The ODR Platform does not goods or services. intend to replace other existing The platform will take the ODR mechanisms, neither form of an interactive website, should it prevent the resolution facilitated by an ODR advisor, of disputes through direct where parties can provide approaches by the parties to information concerning their ADR bodies, nor deprive them dispute and attach relevant from seeking redress through documents, court which are sent procedures if Key strengths of electronically to an accord cannot this new provision be reached the competent are that it will give via ADR. ADR entity consumers and appointed to However, for traders a highly resolve their sectors without visible and more disputes. mandatory accessible tool to The regulation ADR, the resolve their applies to platform will disputes out of cross-border as rely upon the court and in a well as domestic consumer and prompt manner disputes and will trader agreeing be used after the to the use of parties in dispute have an ADR entity suitable to hear tried to resolve their their disputes. A significant disagreement amicably. challenge currently facing The law provides that online implementation of the platform traders must include a link to (and ADR in general) will be the ODR Platform from their how to achieve full coverage of websites and, where relevant, the consumer-to-business their email communications, market by suitable ADR entities. irrespective of whether they A number of gaps still exist market their products or as not all the national or services within the UK or in cross-border disputes have a another member state. competent ADR body. While A delay means the obligation coverage is improving steadily for online traders to provide a there is scope for discussing link to the ODR Platform will ways to get more small bodies not be mandatory until midinvolved to improve this February. The original intention situation further.

Ultimately, the platform offers opportunities for strengthening the EU internal market not only in economic terms by bolstering consumer confidence to undertake cross-border shopping online, but also in terms of cultural perspectives and legal systems where national legal traditions and procedural rules can sometimes function as barriers to cross-border trade.

Instead, the ODR Platform will provide a familiar ‘front end’ and set of procedures to potentially overcome the challenges facing dispute resolution due to the fragmentation of ADR schemes and mechanisms across the EU. While the opportunities offered by the platform are significant, care must be taken to mitigate potential negative effects such as an increase in vexatious claims and their financial implications. Furthermore, questions of principle remain unanswered, such as should the outcome of disputes be usable as ‘precedents’?

In conclusion, while the effectiveness and efficiency of ODR Platforms have often been discussed, I believe the ODR Platform will provide a more accessible route to ADR, by removing much of the prerequisite knowledge previously required for consumers to successfully navigate the ODR/ADR process.

It is expected that the growth and maturity of the ODR Platform will allow a number of the above issues, among others, to be resolved.

THERESOLVER | February 2016

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LAW

An overview of recent key court cases

ROUND-UP ENFORCEMENT OF AN AWARD ON THE BASIS OF EXCESSIVE DELAY IN CHALLENGE PROCEEDINGS IN A NEW YORK CONVENTION STATE

THE CASE ○ ARBITRATION

IPCO (Nigeria) Limited v Nigerian National Petroleum Corporation [2015] EWCA Civ 1144 (10 November 2015)

IN 2004, IPCO (I) WAS AWARDED MORE THAN $150 MILLION following an arbitration seated in Nigeria. Nigerian National Petroleum Corporation (N) sought to challenge this award before the Nigerian courts.

I sought to enforce the award in the English courts and an ex parte order was made for the sum due. In 2005, Gross J, in hearing N’s application to set aside this order, found an arguable case to challenge the award and ordered adjournment of enforcement subject to payment of an uncontested part of the award and $50 million security.

In renewing its application, I argued the challenge was taking longer than expected and that Gross J had been misled as to its strength.

Tomlinson J found the change in circumstances so significant he ordered certain heads of claim be paid by N. In December 2008, N sought to stay enforcement by raising allegations the award had been fraudulently obtained. It filed an application varying the Order so that enforcement of the award be set aside on public policy grounds or enforcement adjourned. A Consent Order was agreed following N’s amendment of its challenge and which recorded that parts of the Order directing payment be set aside and that enforcement be adjourned generally.

Another application to enforce the award was dismissed in 2014 as there had not been sufficient change of circumstances. By agreeing to the Consent Order, I had conceded a prima facie case as to the fraud allegations. To demonstrate a sufficient change would require the fraud

case to be hopeless and/or not bona fide.

The Court of Appeal found this test too strict. I had only to show a significant change of circumstances since the Consent Order which impinged on, or related to, the reason for seeking variation. A significant change to the plausibility of the argument for the challenge might justify reconsideration, especially considering the delay, even if it could not be said that the fraud case was hopeless.

In considering whether to exercise discretion, the Court of Appeal acknowledged this could result in I receiving payment based on a fraud and the prospect of N recovering the amount paid would be practically non-existent.

If enforcement was not ordered and the award upheld, I may not

receive it for a generation. The Court deemed that absurd and inconsistent with the principles of the Convention. ○ THE JUDGMENT

The Court ordered the application be adjourned pending determination by the Commercial Court as to whether the award should not be enforced because it would be against public policy to do so. The Court made this order conditional upon N providing $100 million as further security. ○ WHAT IT MEANS

This confirms the English courts’ desire to give effect to the Convention designed to foster international trade by ensuring relatively swift enforcement and insulation from the vagaries of local legal systems.

THE POTENTIAL CONSEQUENCES OF AN UNREASONABLE REFUSAL TO MEDIATE

THE CASE ○ MEDIATION

Wu Yim Kwong Kindwind v Manhood Development Limited District Court of the Hong Kong Special Administrative Region 3839 of 2012 (24 July 2015)

IN THIS CASE RELATING TO AN ADVERSE POSSESSION claim, the defendant was the substantial winner and the court ordered that the plaintiff should bear 80 per cent of the defendant’s costs.

The plaintiff sought to vary the order to the effect that there be no order as to costs of this action on the grounds that, although the plaintiff was willing to settle the case by ADR and had proposed to appoint a mediator, the defendant had refused to mediate on numerous occasions, stating that there was “really no room for settlement”.

The defendant’s reasons for its refusal to mediate were that the claim was not for money and so there was no room for negotiation over the sum claimed or contested or ultimately paid; the plaintiff had previously been uncooperative after the discharge of an ex parte injunction with costs to the defendant; and the plaintiff had not made any offer of settlement during the course of the litigation. The defendant argued that, for these three reasons, there were reasonable grounds not to engage in mediation. ○ THE JUDGMENT

The court held that the fact the claim was not for money was not a bar to a compromise; that adopting a ‘tit for tat’ stance was totally unnecessary; and that the settlement was a bilateral process of negotiation and the defendant could have offered to settle had it so

wished. The court also noted that “more importantly, settlement negotiation is not the same as ADR” and “cannot be taken as the replacement of mediation”. Even if the plaintiff did not take the initiative of commencing settlement negotiation, it cannot be taken as an indication that he was not willing to settle and that any attempt to mediate would be a waste of time.

When a party refuses to mediate that party bears the burden of providing a reasonable explanation for the refusal.

The court held that none of the explanations offered by the defendant were reasonable and made an adverse costs order to reflect the inappropriate conduct of the defendant. The original costs order was varied to the

effect that there was to be no order as to costs of the action and, by way of summary assessment, the judge ordered the defendant to pay the plaintiff ’s costs of the summons in the sum of $37,500. ○ WHAT IT MEANS

Where procedural rules allow a court to penalise a party whose refusal to mediate is unreasonable, parties need to be aware of the potential consequences of such action.

This case echoes the decision in Laporte & Anor v Commissioner of Police of the Metropolis [2015] EWHC 371 and adds to the increasing body of case law reinforcing this point.

Both reports by Tom Cadman, Director of Governance and Legal Services at CIArb. February 2016 | THERESOLVER

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ADR CAREER SOCIAL MEDIA

The missing link in ADR? What value can using social media websites bring to ADR practitioners? And how do you take the first step towards engaging with online communities?

Interview: Rima Evans Illustration: Nick Ellwood 10

Japanese scholar Okakura Kakuzō noted that “the art of life lies in a constant readjustment to our surroundings”. With the transformation that technology has brought – now touching almost every aspect of how we live and work – the readjustment required is perhaps greater than ever before.

The trend towards social media and participation in online communities has been particularly prominent. It has also been divisive. Even though it has captured huge audiences, many people remain reluctant to engage, dubious of its benefits and cautious of its structure and methods.

It is certainly a powerful technology and its reach is something ADR practitioners can, and should, take advantage of. Used skillfully and managed carefully, it can be an effective marketing tool and expand work opportunities.

Amanda Bucklow FCIArb, an independent commercial mediator, was an ‘early adopter’ of social media and is active on LinkedIn, Facebook and Twitter, as well as having a blog and two websites.

She says an online presence is vital when attempting to carve out a career in ADR. “It depends on what you want to do with your business, your aims and whether it is a hobby or not. You can build credibility online by what you say and what you know, by sharing ideas or content even when you have had limited experience. This then may bring you further opportunity to practise.”

Clive Lewis, Managing Director of Globis Mediation Group and a workplace mediator, agrees that social media has an important part to play in building work opportunities and enhancing profile. “To run a business and to engage with all on the age spectrum

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ADR CAREER SOCIAL MEDIA you need to be active on social media.

Technology has moved on and isn’t going to go back.”

So, where to start? First, consider your target market or audience and decide what your aims and objectives are for your social media presence.

While Facebook may be the market leader (last year it reached a billion users in a single day), this is not merely a numbers game. The sites that will be most useful will be those that best meet your professional needs and the needs of the marketplace you work in.

If you are not already familiar with popular sites such as LinkedIn, Facebook or Twitter, it is worth researching the features each offers.

Mark Williams is an independent LinkedIn trainer, known as ‘Mr LinkedIn’, although he does not work for the site. He points out that for a specialist sector such as ADR, where practitioners are looking to network to find new opportunities for work, LinkedIn can be invaluable. The site is business-orientated, unlike Facebook or Twitter, which can be used for both personal or professional use.

“LinkedIn is a safe starting point. If you want to generate business in a marketplace online you need to be where your audience is. That will most certainly be LinkedIn. As you build relationships with people online, you can start to get a feel for other sites that are relevant.”

One of the major benefits of networking online, explains Williams, is that it is a time- and cost-efficient way to seek out new opportunities.

“In ADR, you win business through people and contacts. LinkedIn can provide greater reach to new contacts. Essentially, you are power-boosting opportunities.”

Lewis, who uses Twitter, Facebook and LinkedIn, says he considers the latter the most useful. “All of them have value but LinkedIn is the premier tool for businesses and for people being able to find you in searches.”

He adds: “For me, social media has helped my reputation in terms of being seen as one of the leaders in my field. People approach me through it for advice and it can lead to new business opportunities. It also helps me to see what others in the industry are doing and allows me to share knowledge.”

The key is ensuring you use social media to maximum benefit. With LinkedIn, there are three basic steps to building your presence, says Williams: building your profile, networking and engaging actively.

1. Build your profile This section should summarise your career to date, education, achievements and skills.

It is easily overlooked either because a user 12

Think about the people you are trying to reach and what they will be looking for to persuade them you are relevant to them underestimates its importance, or because they are uncertain of what to include. It is crucial to devote some quality time to it. Lewis admits that when he first joined LinkedIn he made the mistake of glossing over this part.

“When I began to better understand what a serious tool LinkedIn is, I devoted the best part of a day to writing my profile. It is worth the time investment in this,” he says.

LinkedIn measures your profile strength, the highest rating being, ‘All-Star’. Reaching this is not critical, advises Williams, but you should aim to get to ‘expert level’.

Uploading a good quality photograph is essential, he says. “In some respects you may think this shouldn’t matter,” Williams says.

“But humans need to see other humans to feel comfortable interacting and doing business with them. A good picture will create a positive impression of someone professional and friendly and, very importantly, visible.

“If someone doesn’t have a picture there is an immediate sense of something being hidden, and of them not wanting to communicate.”

Your photograph should be relatively current

(although resist changing it too frequently since it acts like your ‘logo’). It should be a close-up, head and shoulders shot against a neutral, plain background. Any clothing showing should be appropriate to your job.

Classic mistakes include selfies, says Williams, which should be avoided at all costs. So too should out-of-focus images. To avoid all these potential issues it may be worth investing in a professional shot, although it is not essential, says Williams.

Next comes the headline section, which sits directly underneath your name. By default, it comprises your job title and company but this can, and should, be changed later. It is an ideal place to make a quick impression that shows the reader exactly what you offer them. Think about the people you are looking to reach (not just any casual observer) and what they will be looking for to persuade them you are relevant to them. Certain keywords (arbitrator, mediator, adjudicator and so forth) are important to include if you want people to find you in an internet search.

Importantly, only the first 68 characters of this headline show on the mobile version of the site. “More than 55 per cent of LinkedIn access is via mobile, so the start of your headline needs maximum impact,” says Williams.

Finally, tackle the summary section, which is an opportunity to introduce yourself in an authentic way, giving people a flavour of who you are in a professional capacity. “It should convey what you do but, more importantly, why you do it,” Williams says. “You could even tell a story that demonstrates your skills and how much you enjoy your work.”

Amanda Bucklow says that injecting some personality is helpful. “I communicate how I think so I capture the right audience. Your expertise and professional profile have to be covered to a degree, but the person is important too. People want to know who they are dealing with. So demonstrate your particular approaches or ideas, for example.”

But she warns: “Don’t put up a false front that you think customers will want but isn’t authentic. It just won’t work.”

2. How to network How do you choose whom to connect and network with on LinkedIn? Users need to strike a happy medium between only connecting with people they know well, and connecting with anyone and everyone.

“Making a connection online is like swapping a business card,” says Williams.

“You wouldn’t hand it out to anyone you met in the street. It’s important to connect with

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BEYOND LINKEDIN: REACHING A MORE DIVERSE AUDIENCE What value does the plethora of social media websites have for those who want to further their reach beyond LinkedIn? Clive Lewis says LinkedIn is just one tool he uses to avoid being over-reliant on one site.

He says that being present on Facebook or Twitter is vital to further enhance his profile.

Amanda Bucklow agrees and says a key benefit from widening her scope is being able to spread the word about the value of mediation and ADR. “You are not just preaching to the converted, which you probably are on LinkedIn. Other sites have much bigger and more age-diverse audiences so you can extend your influence.”

Bucklow is currently exploring how using Instagram – a photo- and video-sharing site that has 400 million active users – can be made relevant to ADR practitioners and used for professional development.

“It’s an extremely powerful platform so I’m developing ways to make it meaningful to our industry. I’m actively collecting images that represent aspects of mediation to share.

For example, I ask students to take an image that represents something about mediation that they have learned about in class. Some of the photos that come back are astonishing.

People start to see things through a much more questioning and non-judgmental lens.

It’s a different way to promote the benefits of mediation.”

people who have relevant profiles.

“There should have been some form of contact beforehand, a reason to connect, such as an email exchange, a telephone conversation, or a meeting. Something that will have broken the unfamiliarity.”

There is no point connecting with people indiscriminately, he warns. Partly because you need to keep your network manageable but also to ensure you do not inadvertently link up with someone disreputable that you may then be associated with.

This online etiquette applies to you as well – so avoid asking to connect with people you have had no previous contact with or have no obvious reason to network with.

Growing your network is vital to your ongoing work. Always look for new opportunities to expand your contacts to widen your influence and reach.

You will need to be invited to join many of the best groups, but that will happen through networking

3. Engage and communicate This is where you can make the most impact and it involves content sharing, commenting, getting involved in discussions and publishing your own posts. You will reap most benefit from participating, but it is the bit most people can get wrong, says Williams.

“Really, it’s just talking to people and there are lots of ways to do that. Finding and joining groups, for example. You will need to be invited to join many of the best groups, but that will happen through networking and engaging with people on LinkedIn.” Also, look for ways to engage in the homepage stream. Comment on people’s status updates, post your own updates, share articles you have read, comment on discussions, or set the debate by posing your own questions.

“Being well-read and well-informed is key because it allows you to share content and have several topics to talk about,” says Williams.

“Once you’re an active participant more people will comment on your posts. It’s a cycle.”

Help yourself to be in the know by ‘following’ key organisations and companies so you receive regular updates on news and developments.

Blogging can also have a role. It allows you to publish content of your own with the purpose of engaging other people in conversation.

Williams explains: “Put out a subject and write it in a way that will encourage people to talk about it. It ought to go without saying, that it should not be deliberately inflammatory or offensive material.”

Lewis offers another important tip. “Ensure any content you publish is checked for mistakes or spelling errors. It can really harm your brand and image if there are typos in your post.”

And while there is a solid business case for using social media, it does have its pitfalls. The time factor is an obvious challenge. To get the most out if it, it is an undertaking that needs to be managed regularly and frequently as opposed to a task that can be ‘completed’ in an energetic fit, then abandoned.

Managing LinkedIn alone can be demanding enough, so managing multiple social media sites can be daunting.

Lewis says that he spent the equivalent of half a day a week on social media activity at first, but has now allocated responsibility for it to a member of his team.

“It might be worth some practitioners considering this option if they can. It is a discipline and has to be considered part of your routine and schedule.”

If your time is constrained, it is better to build up gradually, focusing on one site well and with the right content, rather then tackling too many then running out of steam.

It is easy to be dragged down by negative comments as well, warns Williams.

He advises staying away from topics that are emotive or controversial and to act sensibly, making sure you stop yourself from saying something you may later regret.

The danger of social media is, of course, not being able to read the body language that, to a large degree, guides our interaction with someone we are communicating with face-to-face. So it is advisable to proceed with caution when making new connections.

It is also essential to understand who you are sharing things with, what is public or visible to only certain connections. Ensure you look at the privacy settings and adjust them accordingly.

Amanda Bucklow also reminds us that, despite the value of social media, it is in no way a replacement for face-to-face contact, which is the most instinctive way for humans to interact because it is personal and upfront, reinforcing a relationship in a way online contact never can.

Although online networking can help overcome the shyness that is often experienced face-to-face and make people realise there is an audience for what they have to say, it remains an ‘additional’, not an ‘instead of’.

“And if you want to communicate with potential customers, it’s fast becoming an essential addition,” says Bucklow.

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HOW TO…

...practise in China

By Iain Sheridan Illustration: Cameron Law “Chinese social contact constantly places importance on saving face”

C

CHINESE CULTURE AND language are radically different, but whether practising as an arbitrator or dispute resolution counsel, differences can easily be managed with preparation, flexibility, politeness and a questioning mind-set. So bear in mind the following:

1 ⁄

Language skills will pay off

Communicating in Chinese face-to-face and over the phone is valuable, but not pivotal. Speaking a few basic words, as in any international relationship, is not only polite, but also impresses and makes you more memorable.

However, the ability to write in Chinese saves a fortune in time, translation costs and helps enormously in the drafting of important emails.

2 ⁄

3 ⁄

Memorise popular family names

There are hundreds of Chinese surnames, but census results show that a significant majority of citizens have a family name from a pool of just 100 surnames.

Further, there is a recurring pattern of the 10 surnames listed below, even accounting for regional variation. Knowing these will make your life easier.

English pinyin pronunciation

Chinese

Correspondence cards

MORE INFO Looking to appoint an arbitrator?

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 specialises in international arbitration and international tax. He has more than 25 years’ experience of Chinese culture.

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Business cards are a quick and immediate way to establish status. In China, it is nearly always clear who the most senior people are, but there are often other key people on the periphery whose responsibility it is to liaise with foreigners. So, carry business cards in English with a Chinese transliteration.

There is also a growing acceptance of using smartphone applications to scan business cards and remain in contact via social media.

Having several ‘Chens’ or ‘Yangs’ in the same room is challenging, but remember the name of the person is usually followed by their title. For instance, Yang Zongcai ( ) literally means Yang, Chairman, or Yang, Director-General.

4 ⁄

Be respectful about reputation

In most European dispute resolution cultures – to varying degrees – misunderstandings

and mistakes are tolerated on the condition the same mistake is not repeated. While saving face is common in all cultures, the Chinese place special importance on maintaining it, because losing face is closely linked to the Confucian concept of shame. So it is fair, helpful and respectful to regularly ask them to summarise what they think you are asking or require.

5 ⁄

Be flexible with your time

When in China it is inevitable you will use your evening hours to devote more time to your current caseload and also juggle calls and emails. In the UK, we often say: “When in Rome, do as the Romans do.” In China, you often hear people say which translates as: “Enter village, follow social customs.”

So if you are invited to a formal dinner, it is important to accept.

Chinese restaurants start dinner early, so you can normally be back at your laptop by 8.30pm.

6 ⁄

Negotiating fees

The Chinese often choose to negotiate fees.

When parties are not known to each other this can be timeconsuming. Arbitral institutions, the Bar Council or the Law Society are useful third party bodies to make reference to in fee negotiations.

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CIArb NEWS BRANCH ROUND-UP LONDON, UK

Lord Clarke guest at Centenary Dinner The London Branch held a series of events last autumn. A seminar, ‘International Construction Contracts: Dispute Review Boards, Dispute Avoidance and Recent Cases’, was held in October, hosted by Macfarlanes LLP. A workshop on ‘Awards: Reasons for Reasons?’ followed on 2 November, hosted by CIArb and moderated by London Branch

NORTH EAST, UK

Mustill Lecture The first Mustill Lecture since the sad passing of the North East Branch Patron, The Rt Hon the Lord Mustill of Pateley Bridge, was given on 16 October. The branch was delighted to welcome The Rt Hon Lord Justice Jackson, who spoke at Leeds Civic Hall on the civil justice reforms implemented by the government in 2013 following his review of civil litigation costs.

The branch then held its annual Keating Construction Law Update in November, hosted by Leeds Beckett University.

CYPRUS

Centenary Gala The branch’s Centenary Celebration Conference and Gala Dinner in October was a great success with speakers such as CIArb Trustee Dr Axel Reeg MCIArb and CIArb Deputy President 2016 Professor Dr Nayla Comair-Obeid C.Arb. A highlight was the discussion on the mediation of the ‘Cyprus Problem’.

BAHAMAS

Nassau dinner The branch marked CIArb’s Centenary with a conference and dinner at the Meliá Nassau Beach Hotel in November. The theme, ‘The Bahamas as a Leading

Chair Irvinder Bakshi C.Arb. The branch held its Centenary Dinner on 11 November at the Armourers’ Hall. The branch was

Commercial Arbitration Seat and Centre’, underlined the work by the Bahamas Branch and Minister Hope Strachan towards establishing itself as one of the world’s leading centres for arbitration.

The opening address on ‘Arbitration and Alternative Dispute Resolution: The Bahamian Agenda’ was given by Prime Minister, The Rt Hon Perry G Christie.

privileged to welcome The Rt Hon the Lord Clarke of Stone-cumEbony, Justice of the Supreme Court, who addressed attendees after dinner.

Also in attendance was The Rt Hon the Lord Phillips of Worth Matravers KG PC, The Rt Hon the Lord Collins of Mapesbury PC, former Justice of the Supreme Court, Sir Antony Edwards-Stuart

QC MCIArb, Judge in Charge of the Technology and Construction Court, and The Hon Sir Robert Akenhead FCIArb. A joint seminar with the London Maritime Arbitrators Association, entitled ‘Illegality and Fraud: Effect on Contracts and Arbitration Proceedings’, was then held on 7 December, hosted by Ince & Co.

NORTH AMERICA

the UNCITRAL Guide to the New York Convention. The conference was held in person and via video-link at the New York City Bar Association in New York City and VIAC in Vienna, Austria.

The conference consisted of three panels that discussed the process and key issues involved in the formation of the guide; whether and how contracting states have been true to the letter and spirit of Article V of the New York Convention; and issues that should be considered when organising an international arbitral proceeding. Videos of each session are available for free at:

Tijuana event The Tijuana, Baja California Introduction programme was conducted on 13 November at the Hotel Lucerna Tijuana. Alejandro Osuna FCIArb assisted in the coordination of the programme, attended by 32 members of the Tijuana legal community.

EUROPE

WALES, UK

Paris Chapter

Wales Act 2017

The Paris Chapter of CIArb was launched in November with the support of (and as part of ) the Europe Branch, with an event held at the Hotel Prince de Galles.

Keynote speaker Professor Pierre Mayer spoke on the subject: ‘Are Arbitrators still needed to resolve investment disputes?’.

The Paris Chapter, headed by Jil Ahdab MCIArb with the support of Romain Dupeyré C.Arb and Amaury Teillard, was another initiative to mark CIArb’s Centenary year.

In December, the branch held an event in Madrid where arbitrator and mediator Mercedes Tarrazón FCIArb gave a speech about the benefits of incorporating multi-tier dispute resolution clauses in transactions where parties may be reluctant to accept arbitration. The conference, at Cuatrecasas Gonçalves Pereira, was one of the events organised to celebrate the Centenary.

With the support of the Wales Branch, who used the occasion to mark CIArb’s Centenary, Elisabeth Jones, Chief Legal Adviser to the National Assembly for Wales (NAW), delivered the 2015 Mather-Jackson Lecture in Usk, Monmouthshire, in October.

Her talk, ‘The Wales Act 2017 – time for an event, not a process?’, explained how the bill (if passed) would control the granting of powers to NAW. In future, policy areas in which NAW could not legislate would be reserved to the UK government. Currently, Westminster has conferred specific powers to act on the NAW. NEW YORK, USA

Joint conference On 21 October, as part of CIArb’s Centennial celebration, the branch jointly organised a conference with UNCITRAL on

→ www.ciarbny.org AUSTRALIA

Gala Dinner CIArb’s Centenary was celebrated with a Gala Dinner at the Museum of Contemporary Art in Sydney.

The Hon Robert French AC, Chief Justice of Australia, spoke on the topic ‘Old but Not Obsolete’.

Earlier, CIArb Australia copresented the third International Arbitration Conference, ‘Opportunities and Challenges for Dispute Resolution in the Next Century’ with the Law Council of Australia and the Australian Centre for International Commercial Arbitration.

• For longer versions of branch news

→ www.ciarb.org/branch-news February 2016 | THERESOLVER

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CIArb EVENTS DAS CONVENTION CIArb’s Dispute Appointment Service (DAS) held its third annual convention on 4 December in London. The highly anticipated event saw the launch of CIArb’s new Business Arbitration Scheme (BAS) and brought together ADR professionals, senior members of the Institute and members of the judiciary to discuss ADR’s role in providing access to justice.

The event took place at 12 Bloomsbury Square

Robert Bourns, Vice President of the Law Society

Lisa Pearce of the Department for Business, Innovation and Skills

Gerard Garcia FCIArb, Chairman of the CIArb SE Branch and Managing Consultant at cm2v Ltd

TIm Hardy FCIArb of CMS Cameron McKenna LLP

Dr Robert Gaitskell QC FCIArb of Keating Chambers

Jane Gunn FCIArb

David Brynmor Thomas MCIArb of 39 Essex Chambers 2015 CIArb President Charles Brown C.Arb

Tim Hardy, The Hon Sir Robert Akenhead FCIArb, Peter Hurst FCIArb of 39 Essex Chambers and CADR, David Brynmor Thomas

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YMG CENTENARY CELEBRATION O N CCONFERENCE ONFERE / ALEXANDER LECTURE The Young Members Group Centenary Celebration Conference was held on Friday 6 November at the ICC in Paris. The conference was attended by around 90 attendees.

Wendy Miles QC FCIArb delivered a dynamic keynote speech on ‘How does arbitration need to change to stay relevant in the next 100 years?’

Welcome Reception at White & Case

Conference delegates

Simon Maynard ACIArb, then Vice Chair (now Chair) of the YMG Steering Committee and Wendy Miles QC

Panel discussion: the future of investment treaty arbitration

Workshop: working with in-house counsel

The debate: ‘The arbitral secretary has become the fourth arbitrator’

Held on 26 November the Alexander Lecture was delivered by V V Veeder QC FCIArb on the subject: ‘What matters about arbitration?’

CIArb’s Centenary Award 2015

Attendees networking At A V V Veeder QC delivers the Alexander Lecture

V V Veeder, Anthony Abrahams ms s MCIArb and The Rt Hon the Lord Woolf

CIArb Members C

The Rt Hon the Lord Woolf C.Arb

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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

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

Introduction to ADR Now available online 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 wishing to gain a firm understanding of all the key elements of obligations and evidential law that affect 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 (International Arbitration) 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 (International Arbitration) 23-24 March Duration: 2 days Fee: £1,860 Specially designed for busy, legally qualified professionals.

KEY: GENERAL ADR ARBITRATION INTERNATIONAL ARBITRATION ADJUDICATION MEDIATION OTHERS

Module 2 (Mediation) 28 April 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 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 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 enforceable 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.

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

Accelerated Route towards Fellowship (Domestic Arbitration) 2-3 March Duration: 2 days Fee: £1,860 For those with substantial unassessed knowledge of domestic arbitration.

Module 1 (Mediation) 22, 23, 24, 25, 26 April Duration: 5 days Fee: £2,400 An intensive five-day course for those who wish to become an accredited mediator.

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

18

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 EVENT SPOTLIGHT 16 March – 2nd International Women’s Conference: Improving the Role of Women in Dispute Resolution: Evolution or Revolution?

Duration: 1 day Fee: from £125* Conference partners CIArb and ArbitralWomen are joining forces to bring together female practitioners and thought leaders from various legal organisations and international arbitration institutes for the Second International Women’s Conference and networking dinner.

The event will be held at UNESCO House in Paris on 16 March.

The timing of the conference has been set to fall shortly after the celebrations for International Women’s Day on 8 March and between the Hong Kong and Vienna Moots.

The daytime agenda will explore a plethora of issues and opportunities that women face in the ADR sector, ranging from the strategic to the pragmatic. The conference will begin with a special keynote address and the programme will offer a series of panel sessions, offering interactive Q&A opportunities.

Proceeding on from the conference, a special networking reception and dinner will be held at UNESCO House, where attendees can engage with colleagues and make new contacts. * Registrations for the conference and networking dinner are now available.

You can take advantage of the early-bird rates, which are available for a limited time. CIArb has also secured discounts for its members at two local hotels located within walking distance of UNESCO House in Paris.

Please note, numbers are strictly limited and places will be allocated on a first-come, first-served basis.

• For further information, visit → www.ciarb.org/news-views-events/ events/awconf

RECOMMENDED COURSE Accelerated Route to Membership Construction Adjudication This course has been designed for busy, legally qualified professionals who have some unassessed knowledge of construction adjudication. On successful completion of this programme, candidates will be able to: • Explain the principles and specific legal requirements in a construction adjudication; • Evaluate and apply the principles and legal requirements of a construction adjudication; and • Identify, explain and apply the legal procedural principles and rules relevant to the conduct of a construction adjudication.

Dates: 23-24 February 2016 Fee: £ 1,320 For more information, call the Education & Training team: +44 (0)20 7421 7439.

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Clifford Chance LLP

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