In the lead-up to CIArb’s Centenary Year Conference in Singapore, Richard Tan, chairman of the Singapore branch of CIArb, and board members Francis Xavier SC and Paul Sandosham talk to Ranajit Dam about what delegates can expect at the conference, CIArb’s goals for Asia, and how the organisation is working to make arbitration in the region more widespread and attractive
ALB: What can attendees expect at CIArb’s Centenary Year Conference in Singapore?
CIArb: The highlight of the conference will be the keynote address by the Honourable the Chief Justice Sundaresh Menon, Chief Justice of Singapore and the patron of CIArb. His speech will challenge commercial parties, their legal advisors, arbitrators and national courts to come to terms with the full implications of party autonomy in arbitration. Arbitration’s ability to continue delivering upon its promises of finality, expediency and commercially informed resolution of disputes depends upon these insiders adjusting their traditional paradigms to manage the high stakes involved in arbitration’s one-shot dispute resolution model.
Furthermore, arbitrators need to be bold in embracing the innovative techniques suggested by available guidelines and standards and counsel must play a supportive role in the reform process. In line with that, the keynote speech will also introduce the new CIArb Guidelines for International Arbitration.
Additionally, delegates can expected to hear luminaries such as Gary Born, president of the Singapore International Arbitration Centre (SIAC) Court of Arbitration; Alexis Mourre, president-elect of the ICC International Court of Arbitration; Justice Quentin Loh, judge of the Supreme Court of Singapore; Sir Vivian Ramsey QC, judge of the Singapore International Commercial Court; Michael Hwang SC, chief justice of the DIFC Courts.
ALB: From CIArb’s perspective, how has awareness of arbitration as a viable method of dispute resolution been developing in Asia?
CIArb: The Far East/Australasia is now CIArb’s largest regional membership base outside the UK. This reflects the growth of knowledge of arbitration and other forms of ADR in the region. Governments in Asia have been proactive in developing arbitration in their countries by increasingly enacting arbitration-friendly legislation. Previously, the courts were reluctant to enforce awards, but this is improving. There has been a surge of cases in the more established arbitration institutions in the region, such as the Hong Kong International Arbitration Centre (HKIAC), the Kuala Lumpur Regional Centre for Arbitration (KLRCA) and the SIAC. New arbitration institutions, such as the Seoul International Dispute Resolution Centre (SIDRC), have also opened.
We are seeing an increased investment in treaty arbitrations in the region and new treaties being signed which include arbitration as the preferred dispute resolution method between investors and states. This is highly encouraging.
ALB: Similarly, how are arbitral institutions in the region developing? What more should they do to innovate and differentiate themselves from the competition?
CIArb: Whilst CIArb promotes and develops all techniques of dispute avoidance and resolution, in the mercantile and international commercial world, arbitration retains its premier place.
By identifying specific areas of expertise – the CIArb-KLRCA-INCEIF joint venture in delivering a Diploma in Islamic Banking Arbitration in September is an example – Asia can play to its strengths as a multicultural and innovative centre for dispute avoidance and resolution.
The institutions in the region are putting in place innovative procedures to meet parties’ requirements for certainty, speed and reasonable cost. SIAC, KLRCA and HKIAC lead the way. Over the last few years, many institutions have introduced procedures in their rules that deal with some of the common problems in arbitration, such as joinder of third parties, consolidation of arbitration, expedited procedures and emergency arbitrations.
One innovation that’s been getting more recognition is the Arb-Med-Arb procedure. Generally, in this process, arbitration is commenced and then stayed for mediation to take place – in most cases, by a mediator who is not on the appointed arbitral tribunal to ensure impartiality. If settled, the parties can request the arbitrator(s) to record the settlement in the form of a consent award. But if it fails, then arbitration will resume. This is being promulgated by the SIAC and Singapore International Mediation Centre (SIMC), among others.
ALB: What is CIArb doing to increase its own influence as well as knowledge of its guidelines within Asia?
CIArb: CIArb recently appointed Camilla Godman as its regional director for the Far East/Australasia, and she will be based in the region. Her appointment illustrates how CIArb has become a global organisation. Throughout the year, CIArb conducts various arbitration courses in the region that are suitable for all levels of experience. The new guidelines, which reflect good ADR practice with an international perspective, will be an integral part of the course curriculum.
Meanwhile, the election of Datuk Sundra Rajoo as CIArb President for 2016 demonstrates the commitment, respect and maturity in the approach to ADR of both CIArb and Asia.
ALB: Do you believe international arbitration can be made more attractive? What measures is CIArb is taking to achieve this?
CIArb: CIArb is an internationally recognised accreditation body with a reputation for excellence. By maintaining rigorous teaching and assessment standards, parties considering submitting their disputes for arbitration by a CIArb-accredited arbitrator can be reassured of certainty, speed and cost-effective solutions.
It is important to us that participants in the process are competent and informed, and we work to achieve this through our ‘Golden Thread’: delivering education, training and qualifications; developing the learned society; and facilitating ADR. Adhering to these strands – particularly being at the forefront of thought in ADR and dispute avoidance – is our aim.
CIArb works with policymakers across the globe to promote ADR as well as the effective, economical and ethical resolution of international commercial disputes through arbitration. We also constantly listen to experienced professionals – both lawyers and non-lawyers – to understand what challenges they face. Whatever we learn feeds into the education and training we provide.
ALB: How is CIArb working to give younger arbitration practitioners better access to the international arbitration world?
CIArb: The future of ADR depends on nurturing the leadership talent of our younger members. That’s why CIArb has the Young Members Group (YMG), which is open to all members aged 40 and under. The YMG has over 3,000 members in more than 90 countries and is very active in Asia.
Providing world-class education and training that will allow practitioners to develop their careers is a priority for us. CIArb’s Pathways programme gives the specialist knowledge and skills needed to get ahead in ADR, whilst also qualifying candidates for CIArb membership.
In addition, by organising networking events and supporting moots, CIArb gives young members opportunities to gain better access to the field.
ALB: What are some of CIArb’s key goals for Asia in the next few years?
CIArb: CIArb aims to increase the numbers being trained and educated in Asia so that the region will be the driving force in ADR’s development. Ultimately, we want to create a virtuous circle through education and further knowledge acquisition.
We act in the public interest to promote and facilitate the use of ADR to avoid litigation. In the UK and EU, CIArb currently advises all levels of government in order to develop the learned society within ADR and raise public awareness of alternatives to court. We work actively with members and partners across the wider business community on ADR matters.
Our Far East/Australasia office will continue this work in the region. Camilla supports an active branch volunteer network in the delivery of member and educational services. She will identify new opportunities for CIArb to strengthen engagement with members and the ADR community.
ALB: What other initiatives is CIArb is working on?
CIArb: CIArb will soon launch its new Arbitration Rules, which are based on the UNCITRAL Arbitration Rules (2010). These are CIArb’s first international arbitration rules, which can be used in both domestic and international arbitral proceedings. The new guidelines ensure that the process remains predictable, expeditious and fair.
They also feature additional provisions that are aimed modernising and clarifying the UNCITRAL Rules, such as the Emergency Arbitrator Rules and a checklist of what matters should be addressed at the case management conference. More importantly, administrative fees have been capped, regardless of the amount in dispute.
Apart from the Diploma in Islamic Banking & Finance Arbitration, which will be run as a regional course from Kuala Lumpur, we have two other highly anticipated courses: the Diploma Course in International Dispute Management for Senior Executives later from September and the Diploma in International Commercial Arbitration in January 2016.
ALB: What do you hope delegates will take away from the CIArb’s Centenary Year Conference in Singapore?
CIArb: CIArb Singapore has designed a twoday conference with a distinguished lineup of speakers from around the globe who will discuss hot topics in the international arbitration world. There will be numerous networking opportunities with senior legal and arbitration practitioners and in-house legal counsel. The keynote speech by the Chief Justice of Singapore will offer a fantastic insight into what he sees as the real challenges to arbitration and what reforms are needed.
Delegates will gain an increased level of understanding of the arbitration process and hear about recent developments impacting the international arbitration world. Above all, they will be able to network and develop contacts with fellow international arbitration practitioners.
For more information on the agenda, speakers and how to register for the CIArb Singapore Centenary Conference, please visit www.ciarb100.com.sg
