RESOLVER SUMMER 2014

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

New approach to construction modelling may promote more harmonious relations in UK building industry The value of ADR in the rapidly growing Islamic finance sector Legal round up How to prepare for a hearing CIArb’s inaugural Cambridge Lecture – in pictures August 2014

www.ciarb.org

Conflict diamonds

ADR’s role in halting the trade

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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 Display sales executive: Vlad Harmanescu T: +44 (0)20 7324 2726 E: vlad@redactive.co.uk Sales manager: Chris Dooley T: +44 (0)20 7880 8545 E: chris.dooley@redactive.co.uk PUBLISHER Jason Grant E: jason.grant@redactive.co.uk PRODUCTION Production manager: Jane Easterman Senior production executive: Aysha Miah © 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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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

Michael Stephens

LEADER

A WARM WELCOME TO THE SUMMER EDITION. Since the last edition, I have travelled to Beirut to support our Lebanon Branch at its conference about resolution of oil and gas disputes; enjoyed a fully subscribed President’s Lunch in London; participated in a meeting of the Board of Trustees; represented the Institute at a number of other conferences and events both in the UK and overseas; chaired the Annual General Meeting of the Institute (its 100th); and thoroughly enjoyed listening to Lord David Hacking C.Arb deliver his Cambridge Lecture at Bloomsbury Square.

I was prompted to look back at what was said at the first AGM. On that occasion Lord Headley, our founding President, stated that: “The principal aim of the Institute was to raise the status of a professional arbitrator to a distinct and recognised position among the learned professions… and the pioneer work which the Institute had successfully inaugurated was destined to elevate the dignity of the professional arbitrator and secure the increasing confidence of the commercial world and the public generally.”

I should like to think that we remain true to that ambition after all this time. Wherever I have travelled on your behalf this year, I have always found the Institute to be held in the highest regard.

In this issue you will find the latest news from the Institute as well as stimulating articles including a topical piece about how ADR can be relevant to issues of Islamic finance. We are actively seeking to develop courses leading to greater understanding of this subject and the part that arbitration and other ADR processes can play in resolving disputes in this field. The Education and Membership Committee has the matter well in hand, so please watch for further announcements later in the year.

The Institute has much to anticipate. Planning for the Centenary Year continues apace.

Our major conferences in Birmingham, London and Hong Kong are taking shape.

You can find more information on the website at www.ciarb.org/centenary as well as the countdown clock!

I have always found the Institute to be held in the highest regard

Michael Stephens FCIArb President of CIArb

COURSES & QUALIFICATIONS T: +44 (0)20 7421 7439 E: education@ciarb.org DISPUTES APPOINTMENT SERVICE T: +44 (0)20 7421 7441 Waj Khan E: wkhan@ciarb.org Kam Nayee E: knayee@ciarb.org EVENTS T: +44 (0)20 7421 7441 Waj Khan E: wkhan@ciarb.org

CONTENTS WATCH

LEGAL SERVICES T: +44 (0)20 7421 7438 Stephanie Boyce E: sboyce@ciarb.org

4-5 News: Legal ‘safety net’ for athletes at the Commonwealth Games; Building

MEMBERSHIP T: +44 (0)20 7421 7490 Waj Khan E: memberservices@ciarb.org

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MARKETING & SPONSORSHIP, T: +44 (0)20 7421 7441 Waj Khan E: wkhan@ciarb.org POLICY T: +44 (0)20 7421 7485 org Chris Wilford E: cwilford@ciarb.org PR & COMMUNICATION T: +44 (0)20 7421 7473 Kim Regisford E: kregisford@ciarb.org

Information Modelling may promote better relations in UK construction.

REGULARS AND FEATURES 6 10

RESEARCH & ACADEMIC AFFAIRS T: +44 (0)20 7421 7434 Julio Cesar Betancourt E: jbetancourt@ciarb.org

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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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Registered Charity N0− 803725

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Law round-up: Diag Human Se v Czech Republic [2014]; Laker Vent Engineering Ltd (‘Laker’) v Jacobs E&C Ltd (‘Jacobs’) [2014]

ADR suited to Sharia-compliant finance: Arbitration is the preferred mechanism for resolving disputes in Islamic finance. By Professor Nayla Comair-Obeid C.Arb Cover: An international scheme to stop the trade in blood diamonds can be further strengthened with the help of ADR. By Julie Browne and Stuart Sime How To… prepare for a hearing CIArb Branch news: CIArb President addresses AGM; Slovakia hosts regional event; Lebanon holds conference on ADR in the oil and gas sector CIArb events: A photographic record of two lectures and the President’s Lunch What’s On: Round-up of upcoming training courses August 2014 | THERESOLVER

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the number of known investor-state dispute settlement cases pursuant to international investment agreements in 2013. Forty five were brought by investors from developed countries; the rest were by investors from developing countries.

Source: UNCTAD

GETTY

New arbitration law approved by Dutch Senate

The service for athletes means there will be fewer hurdles for them to overcome should they require legal advice

‘Safety net’ for Glasgow 2014 Pro Bono service introduced for the Commonwealth Games A general service covering seven areas of law is being offered along with a sports advocacy service for athletes appearing before the ad hoc division of the Court of Arbitration for Sport that sits during the Glasgow 2014 Commonwealth Games ending this month.

The Glasgow 2014 Commonwealth Games Pro Bono Legal Advice and Representation Service provides free legal

advice and representation for accredited athletes, coaches, team officials, Commonwealth Games Associations, International Federations and National Federations.

A total of 17 solicitors’ firms and barristers’ chambers and 19 individual solicitors, advocates and barristers have been appointed.

Sport Resolutions (UK), the independent dispute resolution

service for sport in the UK is acting as the secretariat for the service undertaking the day-to-day administration and operation of it during the games period.

The purpose of the service is to provide a safety net for those who do not have their own legal representatives in place in Scotland and who may have difficulty in identifying representation at short notice.

New President for ArbitralWomen Barrister, arbitrator and mediator Rashda Rana FCIArb has become the President of ArbitralWomen, a not-for-profit organisation and international network that promotes women in dispute resolution.

Rana, who sits on CIArb’s Board of Management and is also Chair of the Education and Membership Committee, will serve a two-year term.

The Thirty Nine Essex Street Chambers barrister said she hopes to spearhead further advances for women in dispute resolution globally: “I am overjoyed to have been elected as President. It is an exciting time in 4

dispute resolution around the world and, in particular, women’s role in it.”

ArbitralWomen is celebrating its 20th anniversary this year with a series of events starting with a gala dinner being held at London’s Imperial War Museum in September.

“I am very pleased to be the President taking ArbitralWomen into it’s next decade and making our work relevant to even more women,” said Rana.

“We have achieved a great deal in our first 20 years. There is still so much we can do. I am looking forward to the challenge.”

Arbitral woman: Rashda Rana

The Dutch Senate approved a new arbitration law at the end of May. As The Resolver went to press, the date when it will come into force was yet to be announced but it is likely to be 1 January 2015.

The changes will give increased powers to parties to shape the arbitration procedure and provide for more flexibility. For example, it allows the arbitral tribunal to hold a hearing at any place other than the seat of the arbitration, within or outside the Netherlands, unless agreed otherwise by the parties. Parties will also be able to agree on issues such as arrangements in relation to the rules of evidence, or exclude the possibility of an oral presentation by the parties to the tribunal. Information and documents can be exchanged electronically, subject to certain conditions.

Other key amendments include limiting the length of annulment proceedings, limitation of the length of enforcement proceedings of foreign arbitral awards, assistance of the Dutch state Court in foreign arbitration proceedings, parties being able to appoint an independent third party to decide on a challenge of an arbitrator, the possibility for a party to request provisional measures in pending arbitral proceedings and a more detailed procedure for arbitral appeal.

According to Linklaters, when it comes into force, the Dutch arbitration law will be aligned with the revised UNCITRAL Model Law of 2006.

The new law reflects the Dutch ambition and ability to keep in step with latest developments in the arbitration field in the past few years, said Linklaters, and “to retain its position as an attractive venue for domestic and international arbitration”.

THERESOLVER | August 2014

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“A series of informative and successful events” → See a selection of images from CIArb’s President’s Lunch

and the Cambridge and Roebuck Lectures on pages 16-17

New model for construction disputes Implementation of Building Information Modelling (BIM) in the UK will provide the opportunity for a significant advance in the design of dispute resolution systems for construction projects, writes Peter Barnes C.Arb. It will help to nip certain disputes in the bud before they have the opportunity to develop and will also provide contemporaneous information that should greatly assist in the resolution of other disputes.

BIM is a computerised process used to design, understand and demonstrate the key physical and functional characteristics of a building on a ‘virtual’ computerised model basis.

At its more advanced levels, the computer software model simulates the construction and operation of a building so views and data appropriate to various users’ needs can be added, shared and analysed to generate information to make decisions and improve the process of delivery of the building and for the life-cycle use of the building.

The recent recession brought to the fore the more adversarial nature of participants in the

SHUTTERSTOCK

Introduction of Building Information Modelling heralds a breakthrough

construction industry, while the once prevalent use of partnering as a procurement process was pushed to one side.

While the potential benefits of partnering were acknowledged – improved performance through collaborative business relationships based on best value rather than lowest cost – this became less important as cost cutting and savings had more immediate and obvious impact.

Now however, partnering is set to return in a large way because of the inevitable collaborative impact of BIM. The UK Government’s Construction Strategy published in 2011 requires that fully collaborative 3D BIM be used on all government construction projects by 2016.

As BIM moves towards that changes to building contracts will almost certainly be necessary, as the traditional legal position and

Disputes Resolution Authority for UAE The litigation and arbitration functions of the Dubai International Financial Centre (DIFC) are to be united under a single dispute settlement group.

The introduction of a Disputes Resolution Authority was announced in a new law by Dubai’s Ruler His Highness Sheikh Mohammed bin Rashid in May. Dubai law No 7 of 2014 amends Law No 9 of 2004, which established the DIFC.

The new authority will comprise the DIFC Courts, an arbitration body and other sub-groups established under the laws and regulations of the DIFC. It will be independent of other DIFC bodies and headed

by Chief Justice of the DIFC Courts Michael Hwang SC. Justice Hwang said: “The amendments to Law No 9 build on the achievements of the DIFC Courts and Dubai World Tribunal.

They create a trusted one-stop shop for litigation and arbitration, with the capacity for expansion over time.

“By allowing those operating in the Emirate to choose how best to resolve their disputes, through litigation or arbitration, the authority will increase confidence and promote growth. It is another step in the journey to make the UAE one of the best places in the world to do business.”

relationships between the parties are likely to change.

Level 3 BIM will raise significant contractual, legal and insurance issues, including: the priority of contract documents; multiple model relationships and conflict prioritisation; design liability and thereby professional indemnity insurance issues; and matters concerning intellectual property rights.

Through BIM there will need to be much more collaboration between participants in the construction industry, and this has the potential of bringing about full collaboration of the entire project team in developing the project design.

It is hoped that the introduction of BIM will result in a less adversarial approach to contractual relationships and also that the collaboration ‘forced’ on the construction industry may bring about the change required for more harmonious and productive relationships in the future.

Peter Barnes is Past-Chairman of the East Anglia Branch of CIArb. He is co-author of ‘BIM in Principle and in Practice’ published by ICE Publishing.

Brazil venue for maritime arbitration event CIArb has held a second Introduction to International Arbitration (Maritime) event at the Instituto Mar e Portos. It took place on May 24 in Rio De Janeiro, Brazil. The course was tutored

by Yuliya Chernykh C.Arb. Candidates are now looking to continue along the CIArb Pathway with Modules 1 and 2 scheduled for this month.

August 2014 | THERESOLVER

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NEWS ANALYSIS ISLAMIC FINANCE In the rapidly growing market for Sharia-compliant financial products and services arbitration is fast becoming the preferred mechanism for resolving disputes.

By Professor Nayla Comair-Obeid

ADR suited to Sharia-compliant finance disputes In June this year, the UK became the first Western country to issue an Islamic bond or sukuk, setting a precedent for Sharia-compliant financing in the Western world.

The sukuk came after a series of meetings between the UK Treasury and fixed-income investors from across the Middle East, Asia and Europe. Although the £200 million bond sale was small in terms of global sukuk issuance (this has exceeded $21 billion this year, according to Dealogic), the UK’s first sale of Sharia-compliant debt was heavily oversubscribed by investors, prompting orders of £2.3 billion or 10 times the amount issued, according to reports.

Sukuk, or Sharia-compliant debt, is structured in such a way as to comply with the Islamic laws on the charging and payment of interest (riba) and risk or uncertainty (gharar) and is just one among the emerging plethora of Sharia-compliant financial instruments and vehicles.

Institutionalised Shariacompliant financing goes back four decades (the first Islamic Bank was founded in Saudi Arabia in 1975) and the sector has experienced unprecedented growth over the past 10 years.

Today, the market for Shariacompliant financial products and services is undergoing

I In 2013, the total value of global Shariacompliant assets with commercial banks was estimated at $1.7 trillion 6

internationalisation and there are more than 600 Islamic financial institutions in more than 70 countries globally, highlighting that interest in Sharia-compliant financing vehicles is not limited to the Islamic world.

According to the 2013 Islamic Finance Country Index (published annually in the Global Islamic Finance Report, ranking countries according to their involvement in global Islamic finance), out of 43 countries surveyed, the UK was ranked 12th and the US 15th.

Less risk for investors The global financial crisis of 2008 has had a significant and lasting impact on consumer perceptions of conventional investment vehicles and has led to a growing interest, from both the public and private sectors (Muslim and nonMuslim alike), in Sharia-compliant funds and related financial products. The thorough risk analysis undertaken by Islamic financial structures before any financial transaction has resulted in the perception that these structures are less susceptible to sudden market variations and are therefore more secure than their conventional financial counterparts.

As an example, the murabahat, which involves the resale of goods at an agreed supplement

representing profit, is the most common Sharia-compliant alternative to the conventional loan. Murabahat is defined as a contract of association between two or more people trading with joint capital, dividing profit or loss according to the agreement between them.

Under this model, the consumer requests that the bank makes a purchase on their behalf – on the condition that the bank may satisfy this demand by selling to the consumer the designated goods at an agreed mark-up and having agreed between them the total cost, the time of delivery and the deferred repayment obligations of the venture. By imposing reciprocal obligations and the mutual rights and duties of the consumer and the bank, the murabahat can be explained as a synallagmatic promise of sale that has the dual benefits of avoiding any payment of interest and limiting the risk of defaulting for the bank. The murabahat is just one example of an array of Sharia-compliant instruments with a positive reputation for responsible management.

Although at present less than 2 per cent of global financial assets are Sharia-compliant, in 2013, the total value of global Shariacompliant assets with commercial banks was estimated at $1.7 trillion,

THERESOLVER | August November 2014 2010

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according to the World Islamic Banking Competitiveness Report by EY. This is expected to rise to $3.4 trillion by 2018 representing a high-stake and largely untapped financial market.

Given the growing value and increasing internationalisation of Islamic financing to countries whose legal systems are not Sharia-based, there is a growing awareness of the fact that appropriate regulatory and legal frameworks must be applied to facilitate the provision of Islamic financial products and services and to avoid potential ‘conflict of law’ issues.

Outside Sharia-based jurisdictions, national courts may not be the most suitable forum

for resolving disputes that arise from financial transactions governed by Sharia legislation and the growing market for Islamic banking and finance may be hampered by the current lack of adequate legislation governing the resolution of disputes arising under Sharia-compliant contracts, products and services.

This is increasingly the case, given the internationalisation of Sharia-compliant financial transactions and the fact that they are now more often crossborder, involving transnational actors and entities from diverse jurisdictional backgrounds.

Most judges in jurisdictions that are outside the Islamic world, especially in civil and common law jurisdictions, are not familiar with Islamic law and its application in complex financial disputes. Professor Engku Rabiah Adawiah from the International Islamic University of Malaysia notes: “In the case of disputes arising between an Islamic financial institution and its clients, they will have to refer the matter to the civil or common law courts that have jurisdiction to hear the litigation. This may result in decisions that may not comply with the Sharia rules. This problem is further exacerbated by the non-existence of any substantive law on Islamic financial services and banking practices in such countries. In short, although the transactions

entered by the parties may be Sharia-compliant; upon enforcement of the contracts, the court may make orders and decisions that may sideline the Islamic legal principles.”

The resolution of disputes arising from Sharia-governed contracts and transactions is a nascent phenomenon that has accompanied the growing market for Sharia-compliant products and services over the past 10 years. In 2002, the case of Islamic Investment Company of the Gulf (Bahamas) Ltd v Symphony Gems NV and Ors, was the first instance of a Western court of law adjudicating a dispute arising out of an Islamic financial transaction.

Given the marked difference between traditional Western regulatory frameworks and the Islamic laws that govern the contemporary Islamic financial industry, the past decade has seen a growing body of case law reflecting the fact that national courts, on account of their unfamiliarity with Sharia law, and the rights and obligations enshrined therein, are not the most fitting forum for the resolution of disputes arising out of Islamic financial transactions.

Growing number of disputes Owing to the complexity and sheer value of financial transactions governed by Sharia law worldwide, the potential for disputes arising out of the interpretation and/or execution of these transactions is not to be underestimated. Mechanisms such as amicable dispute resolution (or mediation) and arbitration (should the former be unsuccessful), are both mentioned as adequate tools for the resolution of Islamic financial disputes in Islamic doctrine and allow parties to any given dispute the flexibility to tailor its resolution to be Sharia-compliant.

If a dispute resolution clause is written into contracts governed

by Sharia, amicable dispute resolution and arbitration can August 2014 | THERESOLVER

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NEWS ANALYSIS ISLAMIC FINANCE offer a more suitable forum for dispute resolution in this field than the national courts of nonSharia jurisdictions.

Mediation is a mechanism of ADR which complies with the Sharia. Known as tawfiq or suhl in Sharia legislation, mediation is considered a legacy of the more traditional tribal forms of resolving disputes and is explicitly referred to in the Quran.

Given that the Islamic finance industry is still developing, disputes arising out of Islamic financing products and contracts concluded under Islamic Sharia law lack the precedents, case law and jurisprudential debate so often relied upon in litigious proceedings. Since mediation strives to reach a mutually agreeable settlement upon the consensus of the parties, it does not promote the same lengthy legal assessment of the dispute associated with litigation proceedings and can therefore be a more attractive option for parties looking to avoid long and costly proceedings.

Arbitration is another viable mechanism for the resolution of disputes and, again, is expressly referred to in the Quran. In the settlement of Islamic financial disputes, the advantages of arbitration are numerous: • independence of the arbitrator from judicial control. This is one of the most central tenets of Islamic jurisprudence (fiqh) in this regard. Parties engaged in arbitral proceedings have the autonomy and flexibility to choose the place of arbitration and the arbitrators; • arbitration provides reassurance and justice between the litigants, while also maintaining the relationship between them and offering a confidential procedure. This is important given the emphasis in Sharia law on the importance of settling disputes in a discreet and amicable manner; 8

by the Islamic Financial Services Board, an international organisation based in Kuala Lumpur that promotes and enhances the stability of the Islamic financial services industry by issuing global standards.

While the number of Shariafriendly institutions is growing, there is, at present, a lack of education in the wider legal community (outside of Sharia-based jurisdictions) as to the technicalities and requirements associated with Islamic financing structures.

There is a need to promote education in this field and to develop specialist training courses, programmes and degrees to respond to the growing value of and flourishing demand for Sharia-compliant financial services, products and dispute resolution.

• arbitration is based on moderation and flexibility. It allows litigating parties outside of Sharia-based jurisdictions to avoid having to comply with legislation that contradicts Sharia in the settlement of their dispute and to appoint one or more arbitrators who are familiar with the Sharia and its application.

Arbitrators can be chosen on the basis of their expertise both in Islamic law and financial transactions should the parties so wish.

• Any dispute brought under arbitration may be adjudicated in conformity with Sharia should the parties so wish. The English Arbitration Act of 1996, section 46.1(b) provides that the arbitral tribunal shall decide the dispute, “if the parties so agree, in accordance with such other considerations as are agreed by them or determined by the tribunal”.

Recourse to arbitration and mediation as viable mechanisms for the resolution of disputes in the Islamic banking and finance industry is increasing and, today,

these mechanisms remain the most securely guaranteed form of obtaining settlements that are enforceable, in the case of arbitration, or mutually agreed settlements, in the case of mediation, which comply with the principles of Sharia.

This is evident in the growing number of Islamic-compliant institutions for the settlement of disputes which include the Financial Mediation Bureau in Malaysia; the Kuala Lumpur Regional Centre for Arbitration which drafted the world’s first set of Islamic arbitration rules for the resolution of disputes arising from commercial contracts governed partially or in full by Sharia law; the International Islamic Centre for Reconciliation and Arbitration based in Dubai and the Qatar Financial Centre which was established by the General Council for Islamic Banks and Financial Institutions.

There is also a trend within the Islamic finance industry itself to strengthen its credibility through guidelines for corporate governance and requirements set

• The CIArb Diploma in Islamic Banking & Finance Arbitration is to be launched in Malaysia between 25 October and 2 November 2014. The Diploma course, conducted jointly by CIArb and the International Centre for Education in Islamic Finance (INCEIF) – the Global University of Islamic Finance – is the first of its kind worldwide and will be an internationally recognised course. The certificate course will provide arbitrators with the theory, case law and the practical tools necessary to have a thorough understanding of the practice and procedure of Islamic banking and finance and arbitration as a means to settle disputes that arise out of the performance of these contracts.

Professor Nayla Comair-Obeid C.Arb, Chair of CIArb’s Board of Trustees, is the founding partner of Obeid Law Firm and heads up the firm’s dispute resolution practice. Professor Comair-Obeid is often called upon as a legal expert on various aspects of Middle Eastern legislations, Sharia law and Islamic financial instruments.

THERESOLVER | August 2014

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LAW

An overview of recent key court cases

ROUND-UP CAN A FOREIGN JUDGMENT BE HELD TO GIVE RISE TO AN ISSUE ESTOPPEL?

THE CASE ○ ARBITRATION

Diag Human Se v Czech Republic [2014] EWHC 1639 (Comm)

NOVO NORDISK ASKED DIAG HUMAN (DH) TO UNDERTAKE work on the modernisation of the Czech blood-transfusion system. Concerns about DH’s work ethics were raised by the Czech Minister of Health and Novo Nordisk decided to terminate its relationship with DH. As a result, DH claimed damages and other relief in the Czech courts against the Czech Republic (CR).

However, by agreement, those court proceedings were abandoned and the dispute was referred to arbitration. The arbitration agreement provided, inter alia, for an additional review process without which the arbitrators’ awards would not become binding upon the parties. Pursuant to the arbitration agreement, the arbitral tribunal issued both an interim award and a partial award. Both awards were subject to the review process.

Thereafter, the tribunal issued a final award in favour of DH. Following the publication of the final award, the CR and DH sought to invoke the review process as set out in the arbitration agreement. However, DH tried to enforce the final award in several jurisdictions, including Austria, where the Supreme Court refused enforcement on the basis that the said award was subject to “ordinary recourse” and was not binding.

Following an application without notice by DH, the English Court made an order granting DH leave to enforce the final award and entering judgment against the CR in the terms of the award. The CR sought to set aside that order alleging that the Supreme Court of Austria’s decision gave rise to an issue

estoppel between the parties. The case advanced by the CR was that the award was not yet binding. DH submitted that there was no issue estoppel and that the award was indeed binding. In the alternative, DH argued that it was entitled to partial enforcement of the award. ○ THE JUDGMENT

The Court held that where a foreign court decides that an award is not binding, it could see no reason why that decision should not give rise to an issue estoppel between the parties, provided that certain conditions are satisfied. The Court decided that the Supreme Court of Austria’s decision created an issue estoppel in favour of the CR and that the award,

therefore, was not binding.

The order was set aside, and the application for partial enforcement was dismissed. ○ WHAT IT MEANS

This case provides guidance as to the conditions required before a foreign judgment can be held to give rise to an issue estoppel.

The full judgment is available at:

→ www.bailii.org/ew/cases/EWHC/ Comm/2014/1639.html

DH submitted that there was no issue estoppel and that the award was indeed binding

GENERAL RESERVATIONS OF JURISDICTION AND CORRECTIONS UNDER THE SLIP RULE

THE CASE ○ ADJUDICATION

Laker Vent Engineering Ltd (‘Laker’) v Jacobs E&C Ltd (‘Jacobs’) [2014] EWHC 1058 (TCC)

TWO SETS OF PROCEEDINGS AROSE FROM A SUB-CONTRACT in which Laker agreed to supply, fabricate and install pipework at a given plant in Scotland. Various issues arose between the parties, which led Laker to serve three notices of adjudication.

Subsequently, the adjudicator issued three decisions, which he referred to as awards No 1, No 2 and No 3. In the first set of proceedings, Laker applied for summary judgment on the adjudicator’s decisions. In these proceedings, Jacobs raised three jurisdictional challenges, namely that 1) the sub-contract was not a construction contract because it was not an agreement for carrying out of construction operations, 2) the adjudicator made inconsistent decisions, and 3) the adjudicator was, in any event, not properly appointed as he was appointed under the Scheme for Construction Contracts which applies to England and Wales, which states that it “shall extend only to England and Wales” when, in fact, the plant was located in Scotland. Laker contested these allegations.

It also submitted that the court did not need to deal with the merits of those three issues on the grounds that, after receipt of the adjudicator’s decisions, Jacobs applied successfully under the slip rule for a correction to be made and therefore, Laker argued, Jacobs elected to affirm the decisions and in doing so it was now precluded from pursuing any of the challenges.

In reply, Jacobs argued that it had made a general reservation to challenge jurisdiction and could not thereby be treated as having elected to affirm the adjudicator’s decision. Also, in the second set of proceedings, Jacobs

sought two declarations as to the relationship between extensions of time and the mechanism for taking-over under the subcontract. It also sought to stay those proceedings under section nine of the Arbitration Act 1996. ○ THE JUDGMENT

The court first dealt with the question of affirmation of the adjudicator’s decisions concluding that Jacobs’ general reservation was sufficient to permit it to apply under the slip rule without thereby waiving the right to challenge the adjudicator’s jurisdiction or electing to treat the decisions as binding. Mr Justice Ramsey held that Jacobs had no real prospects of successfully defending Laker’s entitlement to summary judgment.

Laker’s application concerning the second set of proceedings was adjourned.

○ WHAT IT MEANS

A general reservation of rights is sufficient to prevent a party’s participation in an adjudication from being taken either as an election to affirm or as a waiver of any rights to object to the adjudicator’s jurisdiction.

The full judgment is available at:

→ www.bailii.org/ew/cases/EWHC/ TCC/2014/1058.html Both reports by Julio César Betancourt MCIArb, Head of Research and Academic Affairs at CIArb

The adjudicator issued three decisions, which he referred to as awards No 1, No 2 and No 3

August 2014 | THERESOLVER

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ARBITRATION BLOOD DIAMONDS

Carat and stick tactics

By Julie Browne and Stuart Sime

CAN WE HELP? Looking to appoint an international arbitrator?

CIArb-Das can help you find find a suitably qualified arbitrator with the right knowledge and experience.

For any enquiries please contact Waj Khan.

Tel: +44 (0) 207 421 7444. Email wkhan@ciarb.org

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CONFLICT DIAMONDS HAVE BEEN A MAJOR international problem for more than 20 years.

Also known as ‘blood diamonds’, they are rough diamonds extracted from mines in areas controlled by a rebel movement or its allies.

They are then sold to finance conflict that is designed to undermine a legitimate government. While the trade in conflict diamonds potentially affects almost every country in the world, the roots of the problem first appeared in Angola, Sierra Leone and the Democratic Republic of Congo.

Rough diamond production is big business.

Mines in various countries (Russia, Canada, Australia, and Africa) produce several million carats of rough diamonds a year. Regarding buyers, there are about 1,500 diamond offices in Antwerp. A five-carat rough diamond might be worth more than $300 per carat. The UN recognises that the vast majority of the diamonds produced are from legitimate sources and that the legal diamond trade makes a critical contribution to the economic development of many countries.

However, in the absence of controls on the trade in rough diamonds, a warlord seeking to finance a coup against a legitimate government would find the temptation of seizing the country’s diamond fields too great to resist.

An apt example is the situation in Angola in the 1990s, where Unita was waging a civil war. It is estimated that at that time it controlled 93 per cent of the Angolan diamond trade, with a value of about $4.3 billion between 1993 and 1998. That was not, however, the real cost of the trade – it’s been estimated more than three million people were killed in armed conflicts funded by the trade in blood diamonds in a 10-year period at the end of the 20th century.

EYEVINE

‘Blood diamonds’ have been financing and fuelling armed conflicts that have caused untold human suffering.

However, an international scheme to stop their trade and break their link with rebel movements can be further strengthened with the help of ADR.

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Countries must ensure no diamond trades finance any group seeking to overthrow a government

Before 2003, sanctions were the principal tool used by the UN in seeking to reduce the human suffering caused by armed conflict.

Sanctions were imposed on Unita in 1998.

Sanction-busting, however, was rife.

It was the realisation that the UN had no powers to enforce compliance beyond naming and shaming those in breach that led to the adoption by the UN General Assembly of Resolutions A/RES/55/56 in 2000. These supported the creation of an international certification scheme for rough diamonds, with the aim of preventing conflict diamonds entering the legitimate diamond trade and thereby removing diamond sales as a source of funding for armed conflict. The international community was then galvanised into signing up to the Kimberley Process (KP) from 1 January 2003. Today, there are 54 participants, covering 81 countries (the EU counts as a single participant), who account for 99.8 per cent of the world diamond trade.

The KP was a joint initiative of governments, the international diamond industry and non-governmental organisations (NGOs).

Participating countries must ensure that no diamond trades crossing their borders are used to finance any group seeking to overthrow a legitimate UN-recognised government. They must provide annual reports on the amount and value of their exports and imports of rough diamonds that can be audited. They agree to establish a system of internal controls and every shipment of rough diamonds crossing a border has to be accompanied by a certificate issued in accordance with the Kimberley Process Certification Scheme (KPCS). In participating countries, rough August 2014 | THERESOLVER

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ARBITRATION BLOOD DIAMONDS diamonds can only be imported from and exported to KPCS participating countries. Diamond merchants certify on their invoices (the System of Warranties) to buyers that the diamonds being sold and purchased have been obtained from legitimate sources.

KP certificates can be issued not only by the country of origin of the diamonds, but also participating countries that are not diamond producing countries but that can sell diamonds from more than one source, under a KP certificate indicating that the diamonds are of mixed origin. To prevent any contention that the KP could contravene the provisions of the General Agreement on Tariffs and Trade, the General Council of the World Trade Organisation (WTO) granted a waiver in respect of the process, and this has recently been extended until 31 December 2018.

Does the KP work? In many ways it is both ingenious and inspirational since it had the immediate effect of destroying the market in conflict diamonds while preserving legitimate international trade. For the first few years it reduced the volume of conflict diamonds to approximately 1 per cent of the world trade in rough diamonds. Like many regulatory schemes, it was only a matter of time before those determined to evade the system started to find ways to do so. More recent estimates put the trade in conflict diamonds as constituting about 4 to 5 per cent of global trade, with the fear that this will grow.

There are four main problems: (i) False KPCS certificates Although the KPCS requires each certificate issued under the process to be resistant to forgery there are frequent alerts about fake KP certificates. (ii) Inadequate enforcement mechanisms On an international level, compliance with the KPCS by participating countries is overseen by a Working Group on Monitoring. A key source of information on the extent of compliance is the annual report that each participant is required to submit. A peer review system of compliance exists by which experts and observers can visit a participating country and carry out on-thespot inspections of mines and processes, but this only works if the participating country co-operates with these visits.

Decision-making under the KP is, for the most part, carried out by consensus, with a search for mutually acceptable solutions in relation to contentious issues. In the event of an issue regarding compliance by a participant, all participants are informed and 12

by official entities to neighbouring countries.

The KP has come under a great deal of criticism for not expelling members from the KP Certification Scheme. (iv) Evading the KP One abuse was to obtain conflict diamonds, and transfer them to subsidiary companies based in countries that provide financial secrecy, where they would be mingled with diamonds from legitimate sources. Rather like money laundering, they were then given a KP certificate of mixed origin, and resold at full market price.

For the first few years, the KP reduced the volume of conflict diamonds to 1 per cent enter into dialogue on how to address it, with the chair of the KP mediating the dispute. If non-compliance is proved, the defaulting country can be asked to leave the scheme.

Independently of the KP, the UN can also impose sanctions on diamond exports from a defaulting country.

At local level, the KP requires participating countries to enact legislation to enforce compliance with the process by its diamond traders. These can impose tough sentences for infringement, such as the Canadian legislation, which provides for unlimited fines and imprisonment for up to 10 years. However not all participants police their local laws to secure full compliance with the KP with the same degree of efficiency. (iii) Human rights abuses The KP is designed to keep diamonds tainted with violence out of international trade.

However, the purpose of the process is said by many to be too narrow. It was not designed to cover economic and human rights abuses caused by legitimate governments and their associated companies. In recent years, NGOs such as Global Witness have been reporting incidents of extreme violence and statesponsored human rights abuses by internal security forces against those working in the diamond fields, as well as diamond smuggling

So how can the KP be made more effective?

What is almost certainly needed is a ‘Kimberley Process II’, which should aim to address the known abuses and which needs to have effective enforcement processes that it can implement at both international and local level. Some such reforms include: addressing the legal status of KP (it isn’t currently a permanent organisation and it doesn’t constitute a legal agreement or treaty); widening the KP so that blood diamonds also covers rough diamonds tainted by human rights or economic abuses by legitimate governments; restricting issue of KP certificates to the diamond producing country of origin; a clearer decision-making process that is not reliant on consensus; making it mandatory for cash purchases to be routed through official banking channels; a need for a system of regular independent, rigorous, mandatory monitoring and auditing of participants to ensure effective and full compliance; and more effective monitoring and compliance at local level by an independent body set up in each country.

However the KP also needs to provide a clear and effective way in which international disputes between participating countries are resolved. This includes disputes about pricing and valuation of diamonds, valuation of shipments on KP certificates and serious issues of non-compliance. The KP could also require its participants to sign up to and include a clear and binding dispute resolution procedure by which internal disputes between the various stakeholders, such as enforcing government organisations in KP countries, producers, suppliers, consumers, mine workers and so forth could be resolved.

A multi-tiered dispute resolution process is likely to be most effective for resolving disputes both at international and national level under the KPCS. Stage one could consist of consultation between the parties to the

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dispute assisted by a skilled independent mediator panel drawn from experts in the industry with the aim of reaching a solution by consensus. This is similar to the dispute resolution mechanisms employed at present, but it would provide more formality, clarity and independence. In the event that a solution by consensus cannot be reached within a set timeframe, the parties could bind themselves to move to stage two which would involve such disputes being referred to arbitration.

There are existing dispute resolution models for dealing with both international and internal disputes which can be examined when setting up the framework for the creation of a binding KP dispute resolution scheme.

At international level, for dealing with disputes between participating members of the KP, one model is that used for international investment arbitration under the Convention on the Settlement of Investment Disputes. This covers disputes that directly relate to financial investments where the parties are a member state and an investor in another member state. While most of the cases dealt with by the International Centre for Settlement of Investment Disputes are resolved through arbitration, it also deals with a number of cases by conciliation.

Another useful model is the WTO’s Understanding on Rules and Procedures Governing the Settlement of Disputes, which provides for a multi-tiered dispute resolution model for disputes arising under one of the covered WTO trade agreements. These include adjudicated decisions by three or five member panels appointed by the WTO’s Dispute Settlement Body (DSB) when a settlement cannot be achieved by consultation and mediation at the first stage, with a final appeal process to the Appellate Body. In addition to the panels and the Appellate Body, disputes can also be resolved by arbitrators, although arbitration results are not appealable to the Appellate Body. The losing party is then given time to bring its offending trade policies into line with the rulings and recommendations of the DSB, and if it fails to act within the agreed period, compensation will usually be payable, although other sanctions can be imposed such as blocking imports or exports of goods.

Arbitration can also be employed after a DSB ruling to decide issues such as the time that should be given for compliance, or penalties that should be imposed for the offending party’s failure to comply with a DSB decision.

At local level, in respect of internal disputes arising out of implementation of the KP within

Arbitration can be employed after a DSB ruling to decide the time given for compliance participating states, a useful procedure from which lessons could be learned is the arbitration commission established by the Federation of Belgian Diamond Bourses to oversee KP compliance by its members, which gives the commission power to refer suspected breaches to a panel of arbitrators to make a determination. The London Diamond Bourse (LDB) has required its members to adopt a code of conduct that provides for a similar dispute resolution model, with an Arbitration Commission set out by the LDB. This oversees compliance with the KP by its members, with the power to refer suspected violations to a panel of arbitrators (the Code Board) for determination, with the parties having a right to appeal arbitration decisions to a Code Appeal Board.

Working out the parameters of a bespoke arbitration-based dispute resolution process for alleged breaches of the KP will need a great deal of care. An independent commission, empowered to monitor compliance and investigate potential breaches, and to refer cases to the arbitral tribunal, would be required both at national and international level. The arbitrators themselves could be drawn from experts in the diamond industry or appointed by a body such as the World Diamond Council. By giving a KP arbitration panel the power to make

financial awards, a workable arbitration scheme might be possible. The nature of the financial award would depend on the circumstances of the case. Where the respondent is an individual or business who is found to be in breach of the KPCS, the financial award could be determined by reference to the value of the diamonds, or the profits from the transaction. The arbitral tribunal might also be given the power to order the delivery up of the diamonds. Financial awards by arbitrators are well understood around the world, and readily enforceable under the New York Convention 1958.

Machinery would also be needed for dealing with any sums recovered. With awards based on the value of the diamonds or the profits generated, the funds generated might be used first to fund the arbitral service, then the KP itself, and then perhaps to conflict related UN projects.

While it should be possible to bind the participants to the KP and the key players operating internally in each country within the KP to a two-tier dispute resolution model, it will not of course work for parties who operate outside the KP such as those involved in illicit trading in conflict diamonds for the direct purpose of funding civil wars or insurrections.

Each country therefore needs to have in place an effective criminal code and a system of uniform criminal sanctions for those who flout domestic criminal law.

Consideration should also be given to whether it is necessary to set up an international court, or to extend the jurisdiction of the International Court of Justice or the International Criminal Court. Agreeing the text for the necessary treaty, setting up such a court, and obtaining ratifications from the key countries in the diamond trade would obviously be a massive undertaking.

In conclusion, the KP has achieved a great deal in the past 10 years of its operation.

However, reforms are now needed so that it continues to meet the present challenges, including strong and independent monitoring and mandatory, effective dispute resolution mechanisms for dealing with issues of non-compliance at both international and national level.

Julie Browne, Barrister, is the Co-ordinator of Alternative Dispute Resolution and a Deputy Course Director on the Bar Professional Training Course at City University, London. Stuart Sime, Barrister, is a Professor of Law and the Programme Director for the Bar Professional Training Course at City University, London. Their publications include (with Susan Blake) The Jackson ADR Handbook (OUP) and A Practical Approach to ADR (OUP).

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HOW TO…

…prepare for a hearing

By David Goldberg Illustration: Cameronn Law “If you are disorganised, even the strongest legal arguments seem weak” STRONG SUBMISSIONS ARE central to any case and it is vital to consider how they will, ultimately, be presented at the hearing. If you are disorganised, even the strongest legal arguments seem weak.

Therefore, you must ensure that the tribunal perceives you as persuasive, confident and in complete control of your materials. So how can you ensure your client’s case is conveyed in the most persuasive light?

S

1 ⁄

Present your materials well

Ensure your documents comply with any requirements, such as agreed numbering, and that copy quality is good with clear text and no paper shavings. Ask if the tribunal has a bundle-size preference and always have extra copies in case their (or your) bundles fall apart.

If the other side’s lawyers are unknown to you, ensure you discuss the required standard of presentation.

MORE INFO Looking to appoint an arbitrator?

CIArb-Das can help you find a suitably qualified arbitrator with the right knowledge and experience. For any enquiries please contact Waj Khan. T: +44 (0) 207 421 7444.

Email wkhan@ciarb.org

David Goldberg C.Arb is a Partner in the International Arbitration Practice of White & Case LLP.

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2 ⁄

Know your materials

It is imperative that the arbitrator leading the hearing has a firm grip on the facts, the relevant case law and where to find information in the documents. If a hearing involves large amounts of material, consider splitting it among team members.

This ensures that every

cross-examination is performed by someone with a strong grasp of the relevant materials.

3 ⁄

Adhere to the agreed rules

Ensure that you are familiar with, and have complied with, any agreed procedural rules. Always check whether an issue, such as the order of witness questions, has been covered during a pre-hearing conference and create checklists to monitor this. Structure your arguments based on the agreed time limits for submissions and remember to check inter partes correspondence for any important procedural agreements (or disagreements) that should be raised during the hearing.

4 ⁄

Clarify your strategy

Analyse the facts and distil the case into key issues that you can use to control the analytical framework of the hearing. Prioritise your strongest arguments and create a unifying theme to underpin your client’s version of events and resonate with the tribunal. Build crossexaminations on this theme.

5 ⁄

Anticipate your opponents

Consider your case from an outsider’s perspective. Pinpoint its weakest parts and be prepared

to deal with any adverse issues.

Do not duck the difficult arguments and, where possible, pre-empt them.

6 ⁄

Consider your audience

Take time to familiarise yourself with the tribunal members’ backgrounds, qualifications and relevant publications. Use this information to tailor your arguments so as to be persuasive to someone of their experience and disposition. Note the tribunal’s reactions during the hearing and do not labour points that they clearly disagree with.

7 ⁄

Arrive early

Arrive before the scheduled start of the hearing and try to have your workspace set up before your opponents arrive. It avoids delay, conveys professionalism and allows you to focus on any issues that might arise at the last minute.

8 ⁄

Ensure your team is well-prepared

Take time to communicate with your team before the hearing and answer any questions. Remind witnesses of fact to review their written statements and any documents before giving oral evidence. Consider sending witnesses to professional witness training courses to familiarise them with the hearing process.

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CIArb NEWS BRANCH ROUND-UP LONDON, UK

CIArb President addresses AGM On 30 April, the London Branch held its Annual General Meeting at the Oxford and Cambridge Club, Pall Mall. At its conclusion, the meeting was addressed by CIArb President, Michael Stephens FCIArb. This was followed by a topical keynote address from former High Court Judge of the Family Division Sir Hugh Bennett MCIArb, who spoke on the recently launched scheme of family finance arbitration.

Margaret Bickford-Smith QC MCIArb chaired the meeting and reported on the year’s branch activities with a

London Branch AGM: Michael Stephens, Margaret Bickford-Smith QC and Sir Hugh Bennett

particular expression of thanks to the officers of the branch.

A reception followed.

On 25 March, the branch held a seminar entitled, ‘Commodity

EUROPE

KENYA

Slovakia hosts regional event

Trustees and chairs convene

On 13 March, the branch held its first regional conference on International Arbitration in Bratislava, Slovakia. Around 25 practitioners, mostly from Slovakia and the Czech Republic, met in the Park Inn Danube Hotel.

Martin Magál FCIArb (Allen & Overy, Bratislava) introduced two panels. The first discussed how arbitration hearings differ from court hearings, and how to prepare for them as party, counsel and arbitrator. Dr Bernd Ehle FCIArb (Lalive, Geneva) gave the perspective of counsel, followed

by Jan Bangert MCIArb (Böckli Bodmer & Partner, Basel) who portrayed the arbitrator’s view and Dr Juraj Szabo (Chief Compliance Officer, ČEZ, a. s., Prague) who described the perspective of the users of arbitration: the parties.

The second panel, Dr Wolfgang Hahnkamper MCIArb (Neudorfer, Vienna), Dr Alexandr Mareš (Mareš Partners, Prague) and Martin Magál spoke about becoming an international arbitrator.

The branch hosted The Africa Trustee and Africa Branch Chairperson’s meeting with CIArb’s Director General on 3 March. Among the issues deliberated, the attendees appointed Dr Kariuki Muigua to chair CIArb’s centenary celebrations in Livingstone, Zambia in 2015. Kenya Branch is also celebrating 30 years and will hold an international conference, ‘Broadening Access to Justice through ADR – 30 years on’ in August in Mombasa.

NORTH EAST, UK

Inaugural spring debate a success The NE Branch hosted its inaugural Spring Debate in April, adopting a new format for the event that was well received.

The well-attended debate was kindly hosted by Pinsent Masons at its Leeds office.

Chair Rod Appleyard FCIArb welcomed two eminent speakers,

Arbitration – Special Factors and Challenges’. The meeting was kindly hosted by international law firm Reed Smith at their offices, introduced by Branch Chair Margaret Bickford-Smith QC and chaired by Immediate Past Chair Hew Dundas C.Arb. The distinguished speakers were Sir David Steel FCIArb, former High Court Judge of the Commercial Court, London; Reed Smith LLP Partner Paul Dillon; GAFTA and FOSFA Arbitrator Roger Rookes FCIArb; and Edward Album C.Arb, arbitrator and current Chairman of the LME

Arbitration Panel Committee.

Afterwards, Reed Smith provided generous hospitality at a reception for speakers and attendees.

On 10 June, the branch held a ‘Fraud and the arbitral process’ seminar, generously hosted by Latham & Watkins and convened

by Daniel Djanogly C.Arb FCA. Speakers were Simon Bushell, Partner at Latham & Watkins who chaired the seminar, Philip Clifford FCIArb, also Partner at Latham & Watkins, Khawar Qureshi QC and Richard Millett QC. A reception was generously hosted by Latham & Watkins.

putting their respective cases for and against the motion: ‘As it stands, arbitration is the best forum for dispute resolution and the civil courts are failing claimants, defendants and practitioners alike.’ In favour was John Tackaberry QC C.Arb of Thirty Nine Essex Street Chambers, London, and against was Charles Morgan QC of Enterprise Chambers, Newcastle.

A lively debate ensued and following questions from the audience a vote was held. It was a close call, but ADR was the winner in the end.

of its goals: increasing awareness of international arbitration and expanding its membership.

NORTH AMERICA

Branch achieves goals with event The North America Branch (NAB) held an ‘Accelerated Route to Fellowship’ and ‘Accelerated Route to Member’ training workshop in Dallas, Texas, on 2-4 May. It was held at the law firm of Locke Lord LLP. The workshop was a great success with candidates from the US and Canada, as well as Mexico, Uganda and Nigeria. As a result, the NAB was able to achieve two

LEBANON

Oil and gas conference In May, the Lebanon Branch, with the support of the Beirut Bar Association, the ICC and the UK Trade & Investment Mission in Beirut, organised an international conference on Arbitration and ADR in the oil and gas sector.

President of CIArb, Michael Stephens, Director General, Anthony Abrahams MCIArb, Chair of the Board of Trustees, Dr Nayla Comair-Obeid C.Arb, Chair of the Lebanon Branch, Mohamed Alem MCIArb and former President of CIArb Hew Dundas all attended, in addition to the Lebanese Minister of Culture, representatives from the Ministry of Justice and the Cypriot, British and Russian Embassies.

The conference addressed the potential challenges associated with the emerging oil and gas market in the East Mediterranean region.

• For longer versions of branch news → www.ciarb.org/branch-news August 2014 | THERESOLVER

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CIArb NEWS

Lord David Hacking delivers his lecture

CIArb EVENTS: PICTURE ROUND-UP CIArb recently held a series of successful and informative events.

These included the prominent President’s Lunch in May, the fourth annual Roebuck Lecture in May and the Institute’s inaugural Cambridge Lecture in June. The events spanned a wide range of topics from guest speakers such as The Right Hon the Lord Phillips of Worth Matravers KG, PC, Professor Renato Nazzini MCIArb and Lord David Hacking C.Arb respectively.

Delegates had the chance to participate in some thoughtprovoking and stimulating discussions on ADR and were also presented with an opportunity to network with peers.

K Ken R Rokison ki QC addresses the audience

CAMBRIDGE LECTURE Lord David Hacking speaks with delegates at the networking reception

Delegates enjoy a chat with CIArb’s President

Delegates were delighted to attend CIArb’s inaugural Cambridge Lecture

Delegates mingling

Michael Stephens, Lord David Hacking and Ken Rokison QC FCIArb Questions from the audience

16

A full house at CIArb’s Cambridge Lecture

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ROEBUCK LECTURE

Anthony Abrahams MCIArb delivers opening address An impressive turn-out at CIArb HQ

P Professor Nazzini and N Julio César J Betancourt B MCIArb M Professor Renato Nazzini delivers his lecture

Delegates network

PRESIDENT’S LUNCH

CIArb President Michael Stephens FCIArb thanks delegates for attending the lunch held at The Ivy in London

Post lunch coffee and conversation

The opening address

by The Right Hon the Lord Phillips of Worth Matravers KG, PC

Yvonne Hanly ACIArb proudly showcases CIArb

Diners applaud the speaker

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WHAT’S ON

ONLINE

Further information on all professional training courses can be found at: → www.ciarb.org/course-finder Education Team • T + 44 (0)20 7421 7439 • F + 44 (0)20 7404 4023 • E education@ciarb.org

TRAINING COURSE

DATE

LOCATION

CPD POINTS

TOTAL FEE (incl. VAT)

ALTERNATIVE DISPUTE RESOLUTION Introduction to ADR

30 September

UK

5

£480

Introduction to ADR

18 November

UK

5

£480

MEDIATION Introduction to Mediation

16 September

UK

5

£480

Module 1 Mediation

8-16 October

UK

30

£2,400

Module 2 Mediation

17 October

UK

6

£1,560

Module 4 Mediation

Open entry

UK

-

£660

Introduction to Construction Adjudication

23 September

UK

5

£480

Accelerated Route to Membership

1 September

UK

6

£1,320

Module 1 Law of Obligations and Civil Evidence

6 October

UK

25

£1,320

Module 2 Construction Adjudication

13 October

UK

18

£1,320

Module 3 Construction Adjudication

6 October

UK

17.5

£1,860

Module 4 Construction Adjudication

27 October

UK

12

£1,320

CONSTRUCTION ADJUDICATION

DOMESTIC ARBITRATION Introduction to Domestic Arbitration

30 October

UK

5

£480

Module 1 Law of Obligations and Civil Evidence

6 October

UK

25

£1,320

Module 2 Domestic Arbitration

13 October

UK

18

£1,320

Module 3 Domestic Arbitration

6 October

UK

17.5

£1,860

Module 4 Domestic Arbitration

27 October

UK

12

£1,320

Accelerated Route to Membership

19-20 November

UK

6

£1,320

Accelerated Route to Fellowship

26-27 November

UK

15.5

£1,860

INTERNATIONAL ARBITRATION Introduction to International Arbitration

25 November

UK

5

£480

Introduction to International Arbitration

31 October

Thailand

-

Contact branch

Module 1 Law of Obligations and Civil Evidence

6 October

UK

25

£1,320

Module 2 International Arbitration

3 September

Cyprus

-

Contact branch

Module 2 International Arbitration

13 October

UK

18

£1,320

Module 3 International Arbitration

6 October

UK

17.5

£1,860

Module 3 International Arbitration

6 October

Singapore

-

Contact branch

Module 4 International Arbitration

27 October

UK

12

£1,320

Diploma in International Commercial Arbitration Oxford

13-21 September

UK

36

£6,000

Diploma in International Commercial Arbitration Oxford (Parts 1 & 2) 13-21 September and 27 October

UK

48

£7,200

Accelerated Route to Fellowship

6-7 August

UK

15.5

£1,860

Accelerated Route to Membership

20 September

France

-

€1,200

Accelerated Route to Membership

19-20 November

UK

6

£1,320

Accelerated Route to Fellowship

26-27 November

UK

15.5

£1,860

Avoiding Conflict in Business

11 September, 25 November

UK

5

£300

Breaking Through the Ice

14 October

UK

5

£199

Expert Witness

1 October

UK

5

£240

Train the Trainer

14 October

UK

5

£300

The Role of the Party Advisor

22 October

UK

5

£480

CAREER DEVELOPMENT COURSES

CIArb FLAGSHIP EVENTS CIArb Evening Seminar UK 1 October 2014 Fee: TBC CIArb 7th Mediation Symposium 9 October 2014 Fee: TBC CIArb 2nd DAS Convention (invitation only) 14 November 2014 Fee: TBC More details can be found at: → www.ciarb.org/conferences

18

FEATURED COURSE Commercial Mediation Training and Accreditation Assessment 8, 9, 10, 15, 16 October. Assessment 17 October.

This course is aimed at candidates who would like to: • become a CIArb Member and CIArb Accredited Mediator • use mediation skills in their current profession

• represent clients in mediation • improve their leadership skills The training not only gives candidates the right skillset, it prepares them for building an independent ADR practice and is therefore suited to aspiring mediators, conflict resolution professionals, and arbitrators looking to broaden their ADR practice offering.

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trusted globally

Contact Waj Khan: wkhan@ciarb.org www.ciarb.org/das

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class service in International Commercial and Investment Arbitration.

X First

X Highly

qualified experts in Energy Law and Policy.

X Over

a decade of experience and expertise in the Energy Charter Treaty. and assistance on all aspects of Commercial and Investment Laws of the MENA Region.

X Advice

“We do not seek excellence.

We practice it.”

Professor Adnan Amkhan Bayno FCIArb Head of MENA Chambers

www.menachambers.com

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