Annual Report 2010 - Chartered Institute of Arbitrators

Annual Report 2010
Annual Report 2010
www.ciarb.org
Page XX

Annual Report 2010
CONTENTS
Page
Report from the President ...................................................................................................................... 02
Reports from the Boards, Committees and Executive
Board of Trustees ............................................................................................................ 04
Board of Management .................................................................................................... 07
Education and Membership Committee .......................................................................... 08
Examinations Board ........................................................................................................ 09
Practice and Standards Committee ................................................................................ 10
Professional Conduct Committee .................................................................................... 12
Panels Management Group ............................................................................................ 12
Editorial Board ................................................................................................................ 13
The Executive ................................................................................................................ 14
Minutes of the Ninety Sixth Annual General Meeting 2010 ...................................................................... 17
International Branch Reports
Australia .......................................................................................................................... 18
Bermuda.......................................................................................................................... 20
Cyprus ............................................................................................................................ 20
East Asia.......................................................................................................................... 20
Europe ............................................................................................................................ 21
India ................................................................................................................................ 22
Ireland.............................................................................................................................. 22
Kenya .............................................................................................................................. 23
Lebanon .......................................................................................................................... 24
Malaysia ……… .............................................................................................................. 25
Mauritius.......................................................................................................................... 26
Nigeria ............................................................................................................................ 27
North America.................................................................................................................. 27
Singapore ........................................................................................................................ 28
Thailand .......................................................................................................................... 28
United Arab Emirates ...................................................................................................... 29
United Kingdom Branch Reports
Channel Islands .............................................................................................................. 30
East Anglia ...................................................................................................................... 30
East Midlands .................................................................................................................. 31
London ............................................................................................................................ 31
North West ...................................................................................................................... 32
Scotland .......................................................................................................................... 33
Southern.......................................................................................................................... 34
South East ...................................................................................................................... 34
Thames Valley.................................................................................................................. 35
West Midlands ................................................................................................................ 36
Western Counties ............................................................................................................ 36
CIArb Annual Report 2010: Contents
Page 01

Annual Report 2010
PRESIDENT’S REPORT
Joe Behan FCIArb
I am honoured to have served as President of CIArb for
2010. I am sincerely grateful to you, the members, for
electing me as President through your branch chairmen at
Congress in Kota Kinabalu, Malaysia in 2008.
As Deputy President, I visited Germany with my predecessor
John Campbell FCIArb, to meet with the German Arbitration
Institute (DIS). This was a really important meeting as it laid
the foundations for Congress to be held in Heidelberg in
2010 and for a joint CIArb/DIS conference held after
Congress, in Frankfurt. This is the first time Congress has
been held in continental Europe. I am very appreciative of
the involvement of our Patron, Dr Karl-Heinz Böckstiegel
FCIArb, in facilitating the contact.
During my Presidency I visited nineteen different countries,
many branches and chapters and attended Board of
Management, Board of Trustees and standing committee
meetings. In addition I hosted the UK Branch Chairs
meeting, the AGM and EGM. I also attended lunches,
dinners, receptions and conferences as your ambassador
and gave countless presentations to non-CIArb
organisations in order to promote our Institute. This involved
travelling around the globe in excess of one hundred days.
What I found most inspiring during all my visits to our
branches and chapters was the sheer commitment of our
members at all levels. Members from varying professional
backgrounds spread globally with one common purpose,
the promotion of our Institute; such hard work, commitment,
energy and enthusiasm from members to CIArb given, as
you are all well aware, on a totally voluntary basis.
The amount of time and effort that professional members
gave to support each of my visits, as your President, made
my work possible. Without the support of our volunteers,
the trustees and staff in Bloomsbury Square I could not
possibly have achieved my goals as set out for my year.
What struck me most about the attending audiences that I
encountered on my visits was their enormous thirst for
knowledge. The high quality of our training programmes,
education and our awareness of the strength of ADR is
something we need to embrace. The commitment of
branches and chapters to run their own training
programmes and the enthusiastic take-up of these
programmes left me feeling very optimistic for our future as
an institute. This is borne out by an increase last year in our
membership, mainly in overseas branches.
My experience during workshops was that there is a great
sense of pride in being a member or even working towards
becoming a member of CIArb and also
that we have immense respect from our
competitors within the field of ADR.
There were several breakthroughs made during the course
of my visits with organisations and universities in countries
such as Brazil, Azerbaijan, the UAE, China and Germany. I
have no doubt that if followed through we could form strong
relationships and contacts within these countries. This in
turn will increase our membership, share our knowledge,
broaden our horizons and expose us to new and valuable
insights for all our members.
Certainly what I have learned is that there is a need to
expand into workplace and family mediation, as the
parameters are changing. With our new trainers in
commercial, civil and workplace mediation already in place,
it would be a very positive move for CIArb. Our subsidiary
IDRS continues to manage hundreds of business disputes
and the use of our executive offices in Bloomsbury Square
has produced a consistent income, as it is hired by many
organisations. This of course has the dual effect of also
increasing our profile.
2010 was the year of Congress, which was held in
Heidelberg, Germany. Congress was a resounding success
and followed the trustees’ autumn meeting. Chairmen from
around the world gathered together in the splendid
surroundings of Heidelberg University. It was a forum which
encouraged the exchange of views and concerns of our
members and enabled us to deal with our new Branch
Model Rules, among many other issues.
It was also the year of the ICCA Conference, which was held
in Rio de Janeiro, Brazil and attended by over eight hundred
people. Excellent contacts were made during the course of
the conference, which hopefully will result in us having an
enduring presence in South America, a region of great
potential for us.
As an international institute, we have the power to influence
and the Irish Arbitration Act 2010 is one such example.
Credit is due to members of CIArb for the work they carried
out putting the new legislation in place.
It was my privilege to host a conference entitled the ‘Global
Growth of ADR’ as part of the celebration of the 95th
anniversary of CIArb. Along with the hard-working
committee of the Irish Branch and its Chairman Terence
O'Keeffe FCIArb, we created a memorable conference
followed by a lavish dinner at Dublin's famous Trinity
College.
Page 02
CIArb Annual Report 2010: Report from the President

Annual Report 2010
Speakers came from four continents to attend our
conference and they gave marvelous examples of the
growth in ADR globally. I was particularly proud, as almost
all the speakers were, of our own members and their depth
of knowledge and talent was extremely enlightening.
CIArb creates an immense contribution to the world of ADR.
We are the foremost institute in teaching ADR professionals
in all disciplines including mediation, arbitration, adjudication
and conciliation. We are a learned society with international
contacts in educational institutions and universities. Our
training and teaching programmes are held in high esteem
and I have no doubt, in spite of recessionary times, that we
will continue to have an increasing presence in the world of
ADR.
The ambassadorial role of the President is an extremely
valuable role for CIArb as it creates communication
opportunities and bridges gaps with governments,
institutional leaders and organisational leaders throughout
the world.
I would like to take this opportunity to wish my successor
Doug Jones AM FCIArb and his Deputy Jeffrey Elkinson
FCIArb, every success during 2011. I hope Doug enjoys his
year as President as much as I did, in serving our members
and promoting the growth of our Institute.
It was a privilege to serve as your President and I thank you
all sincerely for your immense support throughout my year. n
CIArb Annual Report 2010: Report from the President
Page 03

Annual Report 2010
Reports from the Boards, Committees and Executive
BOARD OF TRUSTEES
Chairman: Steven A Certilman FCIArb
As many of us know, 2010 was a difficult year for the
governance of CIArb. The fundamental challenges we faced
can be considered predictable for an organisation which has
undergone a dramatic conversion from UK-centric registered
charity to worldwide organisation with thirty-four branches
and twenty-nine chapters on five continents. One might
think of these challenges as growing pains. Accompanying
this conversion was a major revision of CIArb’s charter and
bye-laws, including the conversion to elected trustees. New
governance documents, like new clothes, need to be tried
on to identify the tailoring required. I would say that we have
visited the tailor and now some alterations are in order.
Although the accomplishments of the year may be viewed by
some through the prism of the Governance Tribunal, there is
much to be pleased with in 2010.
A major priority for the Board of Trustees (BoT) last year was
the undertaking of a review of the Institute’s bye-laws and
the proposal of recommended changes. The review, which
was extensive and detailed, resulted in the board’s approval
of bye-law amendments which were to be brought to the
membership in the coming year. The Governance Tribunal
process has resulted in the bye-law revisions being deferred
in order to permit tribunal recommendations for bye-law
revisions to be considered and incorporated where appropriate.
One of the most important bye-law changes to be considered
arises from the concern of the European Branch, expressed
in 2009, regarding the absence of a continental European
member on BoT. Remediation of this concern was seen as a
high priority, particularly as the solution would also result in
the addition of a European civil law jurisdiction member to
BoT. The concern has been addressed by the recommendation
of BoT for a revision of the bye-laws to establish a seat on
the board for a member from continental Europe. This has
been implemented without an increase in the total number
of trustees by reducing the number of UK trustees to five
and allocating two trustees to Europe, one of whom is
required to be from the continent. While the reduction in UK
trustees from six to five is regrettable, it is consistent with
membership trends and our belief is that the interests of UK
members are still amply and ably represented. I hope you
will support this plan.
At Congress in 2006 and 2008, concern was expressed
regarding the way in which votes in the presidential elections
were allocated among the branches. Advice was taken
from the UK’s Electoral Reform Services regarding weighting
options available for branches in electing presidential officers.
I am pleased to inform you that this was given careful
consideration and a revised weighted
voting plan was agreed by BoT in time
to come into force prior to the October 2010 presidential
elections at this year’s Congress. I am very happy to take
this opportunity to congratulate Jeffrey Elkinson FCIArb of
Bermuda and Vinayak Pradhan FCIArb of Malaysia on their
election as Deputy President and Vice President, respectively.
I am delighted to report that BoT approved the formation of
a new branch in South Africa. After many years of work
toward this event, it is most welcome, as are the members
of the new South African branch.
BoT approved a new contract for mediation training, to be
provided by facilit8, over the years 2010-2013. As many of
you know, facilit8 is a UK-based company owned by CIArb
member Amanda Bucklow FCIArb. While I understand there
remain some details to be ironed out regarding the provision
of mediation training to some branches, the initial courses in
Bloomsbury Square have received excellent feedback from
participants. The objective is that, by the end of the contract,
CIArb will have its own in-house mediation training system in
place.
Another matter given careful consideration by BoT in 2010
was the annual subscription fee rate. These rates are of
concern to all members, particularly in these challenging
economic times, and BoT decided that there would be no
increase in the subscription rates for 2011, which remain at
2009 levels. Aside from relieving pressure on existing members,
the decision not to raise subscription fees for a second year
in a row may also have contributed to our strong membership
results in 2010, during which CIArb added 1,100 new members.
The hallmark of the Institute’s learned society commitment is
its journal, Arbitration, The International Journal of Arbitration,
Mediation and Dispute Management. The Journal is the
member benefit which is identified by more members than
any other as being the most important to them. 2010 was
another successful year for the Journal as it increased its
page count and underwent a transition of leadership (more
below). In addition to the Journal, CIArb published numerous
other works including a Spanish version of Varieties of
Dispute Processing.
Finally, on the training front, CIArb offered 94 courses in
more than eighteen countries.
Having given due mention to some of the positive
developments within CIArb in 2010, the major concerns
which gave rise to the call for an Extraordinary General
Meeting and the Governance Tribunal must be addressed as
Page 04
CIArb Annual Report 2010: Reports from the Boards, Committees and Executive – Board of Trustees

Annual Report 2010
well. I consider it most appropriate and important that I give
all members, many of whom may not be conversant with the
details, a report upon the developments which led to the
tribunal being established.
There were a number of threads which coalesced throughout
the year, leading to the concerns amongst some senior
members, voiced by Lord Hacking FCIArb in particular, at
and subsequent to the May 2010 AGM. Of fundamental
importance was the disagreement between the Board of
Trustees and Peter Rees QC FCIArb, as Chairman of the
Board of Management, on the perimeters of BoT’s delegation
of authority to the Board of Management, the scope of CIArb
matters with which BoT may appropriately concern itself (in
particular operational matters) and the nature of BoT’s role in
overseeing management of CIArb matters. It may fairly be
said that the bye-laws are not particularly illuminating on
these matters.
In the course of 2010, BoT voted, amidst vocal dissent, to
take direct control of all matters relating to the Journal
following serious disagreements and misunderstandings
between certain members of BoT and the Executive regarding
editorial succession planning for its long-serving editor, Derek
Roebuck FCIArb. A significant number of board members,
myself included, felt that this interference was neither
warranted nor appropriate. Certain members of BoT also
clashed with the Director General over the propriety of BoT
becoming directly involved in personnel issues relating to
staff members of the Executive. In the course of these
disagreements, a trustee put forward a call for a special
meeting to discuss and vote on a proposed motion of no
confidence in the Director General. This motion was
seconded and the votes for a special meeting obtained,
despite strenuous concerns expressed by certain board
members, including the chair. In the fullness of time and
after more careful consideration, the motion was withdrawn.
On several occasions, trustees invoked emergency provisions
of the bye-laws to convene special board meetings when I
considered it inappropriate to do so.
Unfortunately, as sometimes happens in these heated
circumstances, the points of view of some took on a personal
component. This interfered with the best governance of CIArb.
While in the interest of time and space I respectfully refer
members to the forthcoming Governance Tribunal report for
more detail, as then Chairman of the Board of Trustees, I
regret the disruption these matters caused to the smooth
running of CIArb and sincerely wish I had been able to do
more to avoid or ameliorate it.
As early as October 2009, BoT was aware of governance
problems relating to communication. The use of email for
discussing Institute matters had become a dysfunctional
substitute for the full debate of important matters. Proper
communication pathways were not being respected. Failure
of certain board members to act exclusively through the
chairman overwhelmed and exasperated the Executive.
These problems became a cloud over each of the three legs
of CIArb governance: BoT, BoM and the Executive. The
outside world took notice.
Upon requisition, an Extraordinary General Meeting was held
on 27 October to consider the creation of a governance
tribunal to review matters of CIArb governance. While this
process has unfortunately cost the Institute no trivial amount
of money, we are confident that the end result will leave it
with much improved governance. I welcome the tribunal’s
review without reservation. It is an opportunity for some of
our most senior members to assess the quality of function of
CIArb’s governance systems and recommend improvements
where necessary. I look forward to studying the tribunal’s
report and carefully considering for implementation each of
its recommendations. On behalf of all of us, I should like to
thank Arthur Harverd FCIArb for convening the tribunal and
Sir Anthony Evans FCIArb, Eugen Salpius FCIArb and John
Tackaberry QC FCIArb for generously agreeing to give their
time and effort to serve on it. I know it is their intention to
report before this Annual Report will reach you.
This past year, BoT held formal meetings in May in London
and in Heidelberg, Germany in October. Several matters of
serious importance to the future of CIArb were considered
and decided upon, some of which are detailed above. In
addition, in July, the Board of Directors of IDRS Limited
reported to BoT that, due to an unexpectedly severe downturn
in business as a result of the deep recession in the United
Kingdom, the company required further financial support
from CIArb. Contributing to the situation, in the view of the
IDRS board, was the insufficiency of the initial funding of IDRS
when it was formed by the Institute. The board of IDRS,
together with a group of members of BoT and some outside
advisors, agreed to constitute a working group which, having
carried out a thorough investigation, confirmed that the
company remained an important strategic asset of CIArb. To
enable IDRS to move forward with a more positive balance
sheet, it was agreed that the outstanding debt of the company
to the Institute would be converted to equity. This was
achieved on 23 December 2010.
Based upon a budget submitted to BoT by the Executive at
CIArb Annual Report 2010: Reports from the Boards, Committees and Executive – Board of Trustees
Page 05

Annual Report 2010
the October meeting, the Executive entered the current
fiscal year with a targeted budgetary surplus of £175,000. In
the course of the year, the Director General drew our
attention to the staffing pressures faced by the Executive
which were exacerbated by his need to shed further staff in
order to meet the 2011 budgeted surplus target. Adequacy
of staffing remains a recurring challenge in Bloomsbury
Square as we strive for budgetary surpluses each year.
It was reassuring that, despite the economic downturn,
membership held up remarkably well in 2010. Indeed,
subscription income in 2010 actually increased year over
year by more than 2.2 per cent as membership grew by 5.3
per cent. I would like to congratulate our Director General,
Michael Forbes Smith MCIArb and his team on producing a
‘combined’ surplus (that is, from the core business operations
of the Institute and its room hire business subsidiary, “12
Bloomsbury Square Ltd”) of £237,500. This achievement
more than offsets the trading losses of IDRS Ltd caused
most directly by the poor trading conditions.
CIArb will celebrate its 100th anniversary in 2015.
Recognising the need to make early preparations, the
trustees opened a fund which will be funded annually until
2015 while we begin to consider how the anniversary should
be celebrated.
There were a number of departures and arrivals in the course
of the year. Professor Derek Roebuck retired in November
after ten years as editor of the Journal. We owe Prof
Roebuck our thanks for so ably guiding the Journal to its
present position as one of the premier academic journals in
the dispute resolution field. I am delighted to report that Prof
Michael O’Reilly FCIArb has accepted the post of editor and
indeed has now produced his first edition, Volume 77 No.1,
in February 2011.
There were several changes among the trustees in 2010.
Richard Morris FCIArb resigned in May in order to take up
the post of Chairman of the Board of Management. Paul
Jensen FCIArb and Norman Mururu FCIArb retired as trustees
upon reaching the limits of their terms of office. I would like
to thank Richard, Paul and Norman for their dedicated service
to the board and CIArb, as well as to express my personal
thanks for their wise counsel. John Wright FCIArb was
elected as Chairman of BoT, giving him the members’
mandate following his appointment in 2009. Colin Wall FCIArb
and Nayla Comair-Obeid FCIArb were re-elected to the Board,
while Christopher Ojo FCIArb was elected to serve as trustee
for the Africa region and Bruce Kettle MCIArb and Michael
Stephens FCIArb were elected to fill the other UK vacancies.
All those changes took effect on 1 January 2011.
After two years of service as Chairman of the Board of
Trustees, I announced that I would not stand for re-election
at the end of 2010 and I am pleased to report that John
Wright FCIArb, London-based solicitor, was elected by the
board to serve as my successor. I wish John smooth sailing
in his new post. Nayla Comair-Obeid was elected Deputy
Chair of the board, a reflection of the high esteem to which
she is deservedly held. At its October board meeting, Roy
Sherlock FCIArb resigned with immediate effect as Honorary
Treasurer, being replaced by Dr Peter Fenn FCIArb. Best of
luck to all in their new posts.
Finally, I would like to offer my personal thanks to my friend
and colleague Mark Entwistle FCIArb for stepping in to serve
as interim Chairman of the Board of Management. Mark knew
going in that his service would be challenging yet he once
again demonstrated his deep commitment to CIArb, above
and beyond the call of duty, and we owe him our deepest
thanks.
The year 2010 has been an interesting one from all
perspectives. All bodies grow and ours has perhaps had a
spurt this past year. It has been an honour and pleasure to
serve as your chairman these past two years. I know we will
all look forward to watching as changes unfold within CIArb
which will enable us to maintain and redouble our commitment
to remaining the premier academic dispute resolution
organisation, worldwide.
n
Page 06
CIArb Annual Report 2010: Reports from the Boards, Committees and Executive – Board of Trustees

Annual Report 2010
BOARD OF MANAGEMENT
Chairman (from 1 January until 25 June 2010) Mark Entwistle FCIArb
My period in the Chair of the Board of Management (BoM)
extended from the start of the year until the board meeting
of 25 June when the Chair was handed over to Richard
Morris FCIArb.
My tenure in the Chair arose from a request from the
trustees that followed the decision of the previous Chair
Peter Rees QC not to offer himself for the post for the third
year of his office.
I chaired three meetings of BoM, on 12 February, 16 April
and 25 June. The business of the board included, as always,
directing the work of, and receiving reports from the various
committees and boards with specific remits (the Practice
and Standards, Professional and Education committees and
the Examinations Board) and monitoring the actions of the
Executive. Those matters constitute the routine business of
the board.
The particular matters that exercised BoM in the first six
months of 2010 included those matters that led to the
calling of an Extraordinary General Meeting in early 2010
and the establishment of a tribunal to look into aspects of
the governance of CIArb. It is inappropriate, in a report of
this nature, to go into the detail of the matters that will be
considered by the tribunal, but the writer is confident both
that the tribunal's work is timely, and that the outcome will
greatly contribute to the increased efficiency of management
amongst and between the Board of Trustees, the Board of
Management and the Executive.
Other matters that exercised BoM in
early 2010 included the arrangements for Congress in
Heidelberg and the European Branch Conference, the
selection of CIArb’s mediation training provider, the future
direction of the Journal and the re-launch of the Resolver,
arrangements for the translation of certain parts of the
website, the establishment of a protocol for
communications, updating the staff handbook and
preliminary arrangements for a centenary celebration (2015).
CIArb’s healthy financial position in recent years has been
significantly contributed to by the success of the room hire
business. In 2010, the decision was taken to run that business
from a newly created, and wholly owned, subsidiary
company, 12 Bloomsbury Square Limited.
The decline in membership numbers in England and Wales
remained a cause for concern and the matter was identified
as a subject for specific attention going forward.
The meeting in February was the last to be attended by
Malcom McMullan, the Director of Finance, who retired during
the year. Many members will have come to know Malcom
during his ten years service to the Institute and all those who
served with him during that time on the Executive Board and
Board of Management will join in wishing him a long, healthy
and happy retirement.
n
BOARD OF MANAGEMENT
Chairman (from 25 June until 31 December 2010) Richard Morris FCIArb
Having been aware as a trustee at that time that a vacancy
existed, I responded to a request on CIArb’s website
seeking applications for the position of Chairman of the
Board of Management (BoM) at the start of the year. I
applied in March 2010 and was appointed to the position at
the Board of Trustees’ meeting in May, taking over the Chair
at the 25 June BoM meeting from Mark Entwistle who had
been a steady hand on the tiller in his interim role; I thank
Mark for all his support with the handover.
During 2010, I chaired meetings of BoM on the 25 June, 1
October and 3 December. The business of the board
included receiving reports from the President, the standing
committees and boards and the Executive as always: my
thanks go to Joe Behan, the Executive and the members of
those committees and their chairs
during 2010: Alan Limbury FCIArb,
Rowena Mulcahy FCIArb, Neville Tait
FCIArb and Ian Trushell FCIArb for all their hard work on
CIArb’s behalf.
At the June meeting, following the lead from the Board of
Trustees, we elected Michael Cover FCIArb and Rowena
Mulcahy as Deputy Chairs and I thank them for their support
in what has been a trying time for the Institute following the
matters that culminated in the appointment of the
Governance Tribunal. My view is that it was right and proper
in any event for a review to be held to assess how the
agenda for change has been put into practice. I should at
this point concur with the view expressed by the
CIArb Annual Report 2010: Reports from the Boards, Committees and Executive – Board of Management
Page 07

Annual Report 2010
Governance Tribunal that CIArb is presently functioning
efficiently and that is due to the hard work of, and cooperation
between, the Executive and the two Boards and
the President.
At the June meeting, BoM amongst other business agreed
to recommend a new weighting for Presidential elections
and agreed a protocol for communications between the
board and the Executive to further transparency and to
assist the board’s oversight role.
At the October meeting, the draft budget for 2011 was
approved for recommendation to the trustees and the board
approved the 2010 Critical Success Factors review for
recommendation along with the 2011 CSFs to the trustees.
At the December meeting, it was noted that the 2010
budget outturn was ahead of budget. BoM approved a
review of the Institute’s risk register for recommendation to
the trustees. The board was also presented with an
updated staff handbook and invited the Director of
Administration and Finance to seek quotes for its review by
employment lawyers. The Director of Legal Services
presented an update on the review of the Branch Model
Rules and regulations.
The board then went on to approve Committee Chairs for
2011: Charles Brown FCIArb for the Examinations Board;
John Price FCIArb for the Panels Management Group and
Thomas Halket FCIArb to the Practice and Standards
Committee, along with the appointment of other committee
members where requested by the chairs.
The outlook for CIArb for 2011 is very positive and I look
forward to continuing my work as chairman of the board.
n
EDUCATION AND MEMBERSHIP COMMITTEE
Chairman: Rowena Mulcahy FCIArb
TThe members of the Education and Membership
Committee in 2010 were: Rowena Mulcahy FCIArb (Ireland)
(Chair); Axel Reeg FCIArb (Germany); Richard Mururu Mwonga
FCIArb (Kenya); Rashda Rana FCIArb (Australia); David Brynmor
Thomas FCIArb (UK); Pauline Makepeace MCIArb (UK);
Louise Barrington FCIArb (UK); Michael Joyce FCIArb (UK);
Mark Entwistle FCIArb until June 2010 and Richard Morris
FCIArb from June 2010 (Chair of the Board of Management
– ex officio); and Joe Behan FCIArb (President – ex officio).
The Education and Membership Committee met twice during
the year, in February and September, and between meetings
it deliberated on matters by email.
During 2010 the committee:
u approved new training courses to be delivered by a number
of different branches;
u dealt with queries from the Executive regarding the delivery
of training by individual branches including queries arising
out of the failure of a number of branches to seek approval
of a course by the Education & Training Team prior to the
delivery of the course by the branch, contrary to CIArb’s
protocol on the delivery of branch training;
u considered the provision of training by Recognised Course
Providers and recommended that the definition of a
“Recognised Course Provider” should be widened so as
to permit training to be provided on behalf of CIArb not
only by educational institutions but also by individuals
and other bodies. The criteria by which an individual or a
body may be assessed as a Recognised Course Provider,
bearing in mind the necessity to ensure that the high
standards of the Institute are maintained at all times, will
be determined by the committee;
u recommended that obstacles should not be placed in the
path of those wishing to progress through the grades of
membership and that while it is necessary to ensure that
CIArb’s high standards are maintained, a candidate should
be permitted to sit an examination or an assessment for
any particular module in any pathway without being
obliged to attend a training or education course for that
module;
u recommended that an Expedited Award Writing programme
for experienced legal practitioners should be developed
and that it should be applied on a global basis both for
domestic arbitration and international commercial arbitration;
u recommended that the Law of Evidence should be
introduced as a mandatory component of Module 4, the
award writing examination leading to Fellowship, so as to
ensure that those members who progress to Fellowship
Page 08
CIArb Annual Report 2010: Reports from the Boards, Committees and Executive – Board of Management & Education and Membership Committee

Annual Report 2010
have acquired a satisfactory knowledge of the Law of
Evidence;
u approved a new workbook for Module 3 - Practice,
Procedure, Drafting and Deciding (Adjudication);
u approved a revision to the training to be provided by CIArb
under the proposed Family Arbitration Scheme. The
proposed scheme, which involves the resolution of
financial disputes in family matters, seeks to promote
arbitration in an area in which arbitration has not traditionally
been practised;
u addressed queries regarding the Peer Interview leading to
Fellowship;
u considered the introduction of a Student Affiliateship
programme and recommended that anyone interested in
ADR should be encouraged to develop an association with
CIArb; accordingly affiliateship should be open to any
student interested in ADR who is willing to pay the annual
subscription;
u dealt with issues that arose in relation to the operation of
the Student Affiliateship Programme;
u considered the procedure for admission to Fellowship
through the Experienced Practitioner Route and issued
guidance on a number of operational issues. Recommended
that applications for admission to Fellowship through the
Experienced Practitioner Route should be reviewed by
the committee in the first instance prior to the applicant
being invited to attend an interview and that an applicant
should be required to submit copies of awards, or, in the
case of a judge, written judgments with his or her application,
to enable the applicant’s suitability to be admitted through
the Experienced Practitioner Route to be assessed; and
u considered the admission to Member grade by the
demonstration of “relevant experience in the field of noncourt
dispute resolution” and recommended that in the
interest of transparency, objective criteria for determining
what constitutes “relevant experience” should be identified.
My thanks go to the Director General, Michael Forbes Smith
MCIArb, and the members of the Executive for their invaluable
assistance during the year and to the members of the Education
and Membership Committee for their contributions. n
EXAMINATIONS BOARD
Chairman: Ian Trushell FCIArb
The members of the Examinations Board in 2010 were: John
Sims FCIArb, Pauline Makepeace MCIArb, Elena Blanco,
Joe Behan FCIArb, Paul Marrow FCIArb, Charles Brown
FCIArb, Robert Juniper FCIArb and Domitille Baizeau ACIArb.
John Sims and Elena Blanco stood down towards the end
of the period.
The Examinations Board held three meetings in 2010 in
February, June and October.
Ian Trushell completed his three-year term as chairman in
December 2010 and was succeeded by Charles Brown.
During 2010, the board:
u dealt with complaints;
u considered appeals from candidates;
u agreed a policy for candidate feedback;
u considered Faculty Regulations;
u considered mitigating circumstances affecting
candidates’ performance;
u considered a new marking scheme for Module 4 Award
Writing;
u considered new rubrics for assignments and
examinations and
u rejected the use of laptop computers in examinations.
n
CIArb Annual Report 2010: Reports from the Boards, Committees and Executive – Education and Membership Committee & Examinations Board
Page 09

Annual Report 2010
PRACTICE AND STANDARDS COMMITTEE
Chairman: Alan Limbury FCIArb
The members of the committee in 2010 were: Alan Limbury
FCIArb (Australia) (Chairman), Andrew Bartlett FCIArb (UK),
Michael Cover FCIArb (UK), Nicholas Gould FCIArb (UK),
Giovanni De Berti FCIArb (Italy), Thomas Halket FCIArb
(USA), Wolf von Kumberg FCIArb (UK), Giovanna Kwong
FCIArb (Hong Kong), Adam Samuel FCIArb (UK), Chong
Thaw Sing FCIArb (Malaysia), Houston Putnam Lowry
FCIArb (USA), Joe Behan FCIArb (President) (ex officio) and
Michael Forbes Smith MCIArb (Director General) (ex officio).
The committee reviewed and amended the Institute’s Code
of Professional and Ethical Conduct for Members to remove
obsolete material.
The committee worked on a number of projects during the
year to further CIArb’s position as a learned society.
Responding to the request of Leslie Alekel ACIArb, the
Institute’s Director of Education & Academic Affairs, to suggest
possible topics for research, the committee proposed:
u identification of New York Convention countries in which
waiver of the right to procedural fairness is, or is likely to
be, regarded as contrary to public policy (thus rendering
any award following med-arb in which private meetings
are held unenforceable in those countries);
u the study of whether the settlement rate in the mediation
phase of med-arb compares favourably with
straightforward mediation; and
u the compilation of a ‘league table’ of countries that use
the UNCITRAL/New York Convention Rules.
At year’s end, these were under consideration as part of the
Institute’s programme of research for 2011.
Committee member Adam Samuel worked with Julio
Betancourt MCIArb, the Institute’s Head of Research and
Academic Affairs, on a course for arbitration specialists at
Salamanca University. On behalf the committee, Mr Samuel
met with professors or staff at Kings College in London,
Monash University in Melbourne and the City University in
Hong Kong.
The committee adopted, for internal use, a guideline on
writing guidelines, for the use of chairs and members of the
sub-committees, to address the purpose of guidelines (as
indicators of best practice and not, eg, law or binding) and
their general arrangement and format (such as how issues
are presented, which jurisdictions to cover etc).
During the year, the committee approved for publication:
u an updated amalgamation of Guidelines 6 and 11
(arbitrators dealing with jurisdictional problems);
u an updated Guideline 17 (arbitrations involving consumers
and parties with significant differences of resources);
u an updated Guideline 16 (the interviewing of prospective
arbitrators);
u comments on the UK Court of Appeal judgement in Jivraj
v Hashwani regarding impermissible criteria in selecting
arbitrators (and mediators), with further comments expected
following the appeal to the Supreme Court; and
u a ‘TechNote’ from the Technology Sub-Committee on e-
Briefs.
In the course of preparation at year’s end were:
u guidelines to the UNCITRAL Rules and Model Law covering
an application for provisional or interim relief;
u Med-Arb Rules, Med-Arb Guidelines and updated
Mediation Rules to address Med-Arb;
u guideline for arbitrators dealing with different countries’
legal systems;
u guideline on use of technology in arbitration;
u protocol on email communications in arbitration and
mediation;
u review for possible updating of the e-disclosure guideline
and
u a TechNote on obsolete formats and media.
Technology Sub-Committee
The committee established a Technology Sub-Committee in
2010 whose jurisdiction includes the use of technology for
ADR and the arbitration and mediation of technology-related
disputes. The members of the sub-committee are: Thomas
Halket (Chairman), Richard Stephens FCIArb, Dr Mohamed
Abdel Wahab MCIArb, Raimund Walch MCIArb, Christopher
To FCIArb, Chong Thaw Sing, James Bridgeman FCIArb,
Alan Limbury, the President (ex officio) and the Director
General (ex officio).
The activities of the sub-committee in 2010 included:
u in conjunction with the Arbitration and Mediation Sub-
Committees, commencing preparation of a practice
guideline on the use of technology in arbitrations, covering
issues such as ethics, equal treatment of the parties, due
process and baseline issues such as confidentiality,
security and reliability;
u preparing the first in a series of practice notes for the
Page 10
CIArb Annual Report 2010: Reports from the Boards, Committees and Executive – Practice and Standards Committee

Annual Report 2010
Resolver covering best practices for particular technologies.
The first note was on e-briefs. Further notes on such topics
as live note, email, file formats and video conferencing will
be prepared periodically;
u liaising with the Chair of the UNCITRAL Working Group on
Online Dispute Resolution, which is developing guidance
with a focus on low-claim, high-volume disputes. Thomas
Halket met with the Chair of the Working Group, Professor
Vikki Rogers of Pace University, and agreed that CIArb
would help with the project. Subsequently, on behalf of
the sub-committee, Dr Mohamed Wahid attended and
reported upon a meeting of the Working Group in Vancouver.
Adjudication Sub-Committee
The members of the sub-committee during the year were:
Nicholas Gould (Chairman), William Webb, Matt Molloy FCIArb,
Philip Fiddler, Rob Horne FCIArb, Jeremy Glover , Susan
Francombe ACIArb, Alan Limbury, the President (ex officio)
and the Director General (ex officio). In addition, John Riches
FCIArb, Vice Chairman of the Adjudication Society, acts as
liaison person for the purpose of producing common
guidance notes.
The main activity of the sub-committee during 2010 was the
consideration and preparation of guidance notes, considering
topics including: construction contracts and construction
operations; contracts and writing; the existence of the dispute;
natural justice; adjudicator’s jurisdiction; whether an adjudicator
rule upon his or her own jurisdiction; the scope of an
adjudicator’s jurisdiction; procedural errors; payment notices;
withholding notices; construction contracts; multiple or
complex claims; deadlines; adjudicator’s lien; the ‘slip’ rule;
costs; interest and simultaneous proceedings and adjudicating
the same issue.
Arbitration Sub-Committee
The members of the sub-committee during the year were:
Adam Samuel and Houston Putnam Lowry (Co-Chairmen),
David Brynmor Thomas FCIArb, Maria-Theresa Trofaier FCIArb,
Khory McCormick FCIArb, Dr Guido Carducci FCIArb, Julia
Zagonek MCIArb, Alan Limbury, the President (ex officio) and
the Director-General (ex officio).
During 2010, the sub-committee’s main activity was the
continued preparation or updating of CIArb guidelines within
its jurisdiction. The sub-committee is working to produce the
following guidelines under the general heading ‘The
Compleat Arbitrator’: appointment agreements; disclosure;
bias and other challenges to appointments; establishing
procedure, including procedural rulings and preliminary
hearings and choice-of-law issues.
Mediation Sub-Committee
The members of the sub-committee during the year were:
Giovanni de Berti (Chairman), Jeremy Lack ACIArb,
Christopher Lau, David Cornes FCIArb, Mercedes Tarrazon
FCIArb, Peter Michaelson FCIArb, Andrew Burr FCIArb, Alan
Limbury, the President (ex officio) and the Director General
(ex officio).
During 2010 the sub-committee prepared a position paper
for CIArb on the regulation of mediators and concluded that
self-regulation is preferable to government regulation and
that self-regulation is necessary in order to maintain
consumer confidence in the process.
Med-Arb Working Group
The members of the working group during the year were:
Alan Limbury (Chairman), Andrew Burr, Guido Carducci,
Michael Cover, Giovanni de Berti, Nicholas Gould, Thomas
Halket, Malcolm Holmes QC, Giovanna Kwong, Jeremy
Lack, Niall Lawless, Khory McCormick, Wolf von Kumberg,
John Wright (until October, when he was elected to become
Chairman of the Board of Trustees), the President (ex officio)
and the Director General (ex officio).
During 2010 the working group considered various
procedural regimes for the med-arb process, including section
27D of the New South Wales Commercial Arbitration Act,
2010 –
www.austlii.edu.au/au/legis/nsw/consol_act/caa20102
19/s27d.html
By the end of the year, draft Med-Arb Rules, amended
Mediation Rules and Med-Arb Guidelines were under
consideration.
This is my final report as Chairman of the Practice and
Standards Committee. The work of the committee and its
sub-committees has been the highlight of my membership
of CIArb. It has been a privilege to chair the committee, the
Med-Arb Working Group and the Mediation Sub-Committee
before that and to have been a member of the committee
since July 2005. I thank all members, past and present, of the
committee, its sub-committees and the working group for
their contributions and all those at Bloomsbury Square who
have assisted in our work. I wish the committee well under
the guidance of its new chairman, Thomas Halket. n
CIArb Annual Report 2010: Reports from the Boards, Committees and Executive – Practice and Standards Committee
Page 11

Annual Report 2010
PROFESSIONAL CONDUCT COMMITTEE
Chairman: Arthur Harverd FCIArb
Sir Peter Cresswell FCIArb and His Honour Judge Peter
Bowsher QC FCIArb, both senior retired judges, joined the
Professional Conduct Committee (PCC) during the course of
the year as members with judicial experience. They replaced
Sir Philip Otton FCIArb and Neil Kaplan QC FCIArb who had
stepped down after a long and distinguished service on the
committee.
Arthur Harverd relinquished the chairmanship of the PCC in
December 2010 at the conclusion of his three year term of
office in the chair. He also retired from the committee after
11 years service. His place on the PCC has been filled by
the appointment of John Rushton FCIArb, a solicitor and
former partner in a leading City firm. He has substantial
dispute resolution experience and has previously acted as
legal adviser to CIArb. The new chairman of the committee
is Mark Entwistle.
The three lay members of the PCC, Olivia Morrison-Lyons,
The Revd Dr Martin Dudley and Neil Menzies, whose terms
of office were completed during the year, have been
reappointed for a further term. The committee continues to
be assisted by Tony Marks MCIArb, the Institute’s Director of
Legal Services, and Sandra Greenaway ACIArb, who serves
as secretary.
The Institute received 12 complaints of misconduct in 2010.
Following investigation by the PCC, five of these complaints
were dismissed as Category A cases as having no evidence
of misconduct. One matter was referred to a Disciplinary
Tribunal. The other 6 complaints were not concluded at the
end of 2010 and were carried forward to 2011.
n
PANELS MANAGEMENT GROUP
Chairman: Neville Tait FCIArb
The members of the Panels Management Group (PMG)
during 2010 were: Neville Tait FCIArb (Chairman), Joe Behan
(President), Dr Mair Coombes Davies FCIArb (IDRS
representative), Anthony Houghton SC FCIArb (East Asia
Region Representative), Jane Irving (Scotland) to September
2010, Dr Susanne Kratzch (Europe Region Representative)
from June 2010, Tinuade Oyekunle FCIArb (Africa Region
Representative), Prof Peter Megens FCIArb (Australasia
Region Representative), Eric Mouzer FCIArb (Convener of
the Adjudication Panel), John Price FCIArb (Convener of
Mediation Panel), Larry Schaner FCIArb (North America
Region Representative) from June 2010 and Derek Simmonds
FCIArb (Convener of Arbitration Panel).
Regional representatives from Europe and North America
have been appointed during the year. Once a representative
for the Middle East/Indian Sub-continent is appointed, the
PMG will have a full complement of representatives from the
most active regions.
The uptake of Panel Appointment Certificates (PACs) continued
during 2010 but there remain about 200 eligible members
who have not yet applied. There will be a final chase of these
members early in 2011, but it will be assumed thereafter that
if no response is received, they do not wish to be considered
for Presidential appointments.
During the year, Regional Peer Review Panels (PRPs) for
Australasia and Europe were formed to add to those
previously formed in West Africa and East Asia. The PMG is
actively seeking to set up PRPs for the outstanding regions.
The pool of approved interviewers for Chartered Arbitrator
interviews continues to be expanded worldwide.
The PMG continues actively to encourage the formation of
branch panels and schemes as a source of appointment for
branch members. During 2010 the PMG approved a Scottish
Branch Mediation Scheme.
In line with many of the other nominating bodies, CIArb will,
from the beginning of 2010, require a potential neutral to sign
a declaration before receiving an appointment. In addition,
plans are in hand to send a feedback form to the parties
requesting feedback on the performance of the neutral
following completion.
A Post-Fellowship Working Party chaired by the Chairman of
the PMG met three times during the year to consider ways
in which CIArb could provide arbitration Fellows with the
necessary practical training and mentoring to enable them to
acquire the skills necessary for conducting arbitrations. It was
also tasked with exploring ways in which non-Chartered
Fellows could obtain appointments to enable them to
progress to Chartered Status. The working party expects to
report to the Board of Management in mid 2011. n
Page 12
CIArb Annual Report 2010: Reports from the Boards, Committees and Executive – Professional Conduct Committee & Panels Management Group

Annual Report 2010
EDITORIAL BOARD
Chairman: Derek Roebuck FCIArb , Editor of Arbitration: the International Journal of Arbitration, Mediation
and Dispute Management
In 2010, the Editorial Board comprised: Michael O’Reilly FCIArb,
Deputy Editor, Gordon Blanke MCIArb, Book Review Editor,
Dominique Brown-Berset ACIArb, Hew Dundas FCIArb,
Arthur Harverd, Tamara Feldman and Tony Marks. The
Secretary was Sandra Greenaway [Helen Chowaniec from
December 2010].
The editorial policy has remained the same: to serve all
members equally, wherever they are and whatever their
relevant interests, assisting CIArb to increase understanding
of all aspects of dispute management by fostering and
publishing research and debate. In putting this policy into
practice, the Journal must play its part in ensuring that CIArb
becomes a learned society and performs the educational
and research duties placed upon it by its Charter. Full use
should be made of opportunities to generate income, through
advertising, meetings, sponsorship and otherwise. To ensure
these policies are put into practice, the opinions of members
should be sought regularly and in a way which leads to action.
The editor is responsible for all aspects of production, until
the printed journal is dispatched to the distributors, but not
for distribution or for exploiting the Journal’s commercial
possibilities.
All four numbers of 2010 were produced on time. Dispatch
was timely, in accordance with the declared policy of ensuring
that members might expect to receive their copies by the
middle of the month of issue.
There have been no difficulties in filling the page limit with
high quality material. Submissions continue to improve and
the peer review procedure works well. Membership of the
editorial board remained the same. Its members helped in
peer reviewing and suggesting reviewers. The content
continues to improve in achieving two of its objects: to cover
as many forms of dispute management and as many
jurisdictions as possible. The procedure for ensuring good
book reviews is working better.
To celebrate our President from Scotland, the February
number had a Scots focus. The November number celebrated
the Irish President. The February 2011 number will celebrate
our Australian President.
The deputy editor, Professor Michael O’Reilly, kept a careful
eye on progress and was at all times ready to step in, though
happily not called on. Hew Dundas’s support again deserves
special mention. Part of the editor’s work, internal copy
editing and proofreading, was successfully handed over to a
professional copy editor. I thank Sandra Greenaway for her
work as secretary to the editorial board and all those who
helped to make the editor’s job so instructive and fulfilling.
I can report no progress on advertising and sponsorship.
There has still been no paid advertising, nor am I aware of
any efforts to attract sponsorship of individual numbers.
At the end of 2010 the editorship passed to Professor
Michael O’Reilly, who had not only been deputy editor for
the last ten years but editor before that. That has been the
most satisfying achievement of my ten years’ service. I am
writing this in February 2011 but already I can report a
successful transfer of duties and forecast a future full of
improvements.
As I happily hand over responsibility, I can confidently say
that Arbitration: The International Journal of Arbitration,
Mediation and Dispute Management is in good condition
and available for development in any way the new editor, the
trustees and the members see fit.
n
CIArb Annual Report 2010: Reports from the Boards, Committees and Executive – Editorial Board
Page 13

Annual Report 2010
THE EXECUTIVE
Director General: Michael Forbes Smith MCIArb
The work of CIArb centrally fell into two distinct streams in
2010; our operational activities and governance matters.
Taking the latter first, members will be all too well aware of
the Governance Tribunal which was set up following the
Extraordinary General Meeting of 27 October 2010. Without
delving too deeply into the affairs that led up to the requisition
of the EGM, from my own and my senior management
team’s perspective, the growing correspondence and
debate regarding both the constitutional relationships of the
Boards of Trustees and Management and the degree to which
specific operational and personnel matters were properly
reserved to the Executive, caused profound internal turmoil
in 2009 and 2010. Fortunately, this increasingly significant
diversion from our core task of taking forward CIArb’s
operational development did not unduly dampen the
encouraging results I am able to describe below. Meanwhile,
the Governance Tribunal has undertaken to submit its report
to the President by 31 March.
Turning to our operational performance, I am delighted to
report that, despite all the distractions of the year, as at 31
December 2010, we had a total of 11,817 members, a 5.3
per cent increase on 2009 when membership dipped for the
first time in recent memory due to the recession, but also 3
per cent more than at 31 December 2008 when we had
11,463 members. The actual number of members on any
one day fluctuates: every autumn there is a significant drop
when the Board of Trustees authorises the Executive to
remove from membership those who have not paid their
annual subscriptions. So, for example in October 2010 we
had over 12,200 members. In order to permit direct year-onyear
comparison, we will in future publish only the member -
ship numbers as at 31 December each year, after the annual
“dip”. Our aim now is to have over 12,000 at 31 December
2011. Thank you to all those members who have faithfully
paid their 2011 subscriptions – it is now easier than ever
with our online payments system used by 2,604 members in
2010, its first year of operation – and a special thank you to
the 686 former members who have returned to the fold.
Many branches can share in the satisfaction of having helped
boost our membership through their local training courses.
However, in addition to the training team, to which I will return,
do spare a thought for the unsung heroes in the membership
team, who quietly and tirelessly dealt with over 1,100 new
admissions, 280 member upgrades, handled an average of
300 emails a day and processed over £2 million worth of
membership subscription payments amongst the many
other tasks they deal with daily.
The Executive has been supporting the new international
Young Members’ steering committee
formed in autumn 2010 including its
website project, newsletter, international
conference and collaborative working (with other
organisations). I hope all branch committees will give them
every assistance as they consult their own young members
(ie under forty years old). 2010 also saw the launch of the
Student Affiliateship programme which will be rolled out to
Recognised Course Providers and other higher educational
institutions this year.
We recruited Sue Frye as manager of a new events team,
launching a series of evening seminars and talks including a
joint event with ICC UK. The team has taken on administration
of our standard events such as the (3rd) Mediation Symposium,
Alexander Lecture, and the Mansion House luncheon.
However, its key current challenge is the administration of
two major international conferences in 2011, for which
preparations began in mid-2010 (see the website). The Asia
Pacific conference takes place in Sydney on 27-28 May
2011, organised by a joint project team from the Australian
Branch and Sue Frye’s team. We hope that this model of
branch/Executive collaboration and cooperation will bring
dividends in future years with many more such major events.
On 27-28 September we are hosting a major conference in
London focused on the costs of international arbitration.
This will be underpinned by the results of a research project
on that seminal issue. If you are a practising arbitrator member
and have not yet completed at least one questionnaire by
the closing date of May 2011, and circulated the survey to
colleagues in all sectors and industries worldwide, time is
running out – please download it now at
www.ciarb.org/conferences/costs The establishment of
the events team is one of our most exciting achievements of
2010.
Sarah Ball joined us as Marketing and Communications
Manager in May and has brought a new dimension to our
promotion and communication efforts including the upgrade
of the Resolver magazine as an industry-leading magazine
(also available electronically), to our conference support
including sponsorship, improving data capture and market
intelligence for targeting our training courses, conferences
and events as well as refining the membership ‘offer’ and
raising CIArb’s profile through corporate communications.
The member benefits scheme CIArb Advantage has
established a small but loyal (member) customer base,
particularly in the UK – with many new products and services
on offer it is possible to make savings equivalent to your
annual membership subscription. I encourage members
Page 14
CIArb Annual Report 2010: Reports from the Boards, Committees and Executive – The Executive

Annual Report 2010
everywhere to look again at our very competitive
Professional Indemnity Insurance scheme.
We exhibited at the International Council of Commercial
Arbitrators (ICCA) Congress in Rio de Janeiro in May, the
International Bar Association Annual Conference in Vancouver
and its Arbitration Day in London, the London Maritime
Arbitration Association’s 50th anniversary conference, the
Civil Mediation Council annual conference in London (May)
and the ICC’s Latin America conference in Miami. The North
America Branch led the activity at the American Bar
Association’s Dispute Resolution conference in San Francisco,
CPR’s annual conference, the Institute for Transnational
Arbitration (ITA) summer meeting in Dallas, and the European
Branch joined forces with DIS, the German arbitral institute,
for their autumn conference in Frankfurt following our Congress
in Heidelberg. We continued to support the ICC annual
mediation competition in Paris, the Annual Willem C. Vis
International Commercial Arbitration Moot in Vienna, with the
East Asia Branch sponsoring the Vis East moot in Hong Kong.
In addition to my own presence at Rio, Frankfurt and Vienna,
I had a particularly encouraging, if exhausting, trip in January,
resulting from an invitation by the Singapore Government to
speak at their International Arbitration Forum and attend the
opening of Maxwell Chambers, their state of the art
international arbitration centre. My theme was on the ethical
dimension of using technology in support of arbitration (see
the May 2010 edition of the Journal) which I am pleased to
say drew sufficient interest for the Practice and Standards
Committee to set up a sub-committee on the subject. In
Singapore I also spoke at the inaugural meeting of the branch.
To make best use of the journey, I visited our branches in
Dubai and India on the way out, and then visited Sydney,
Brisbane, Los Angeles, Houston, Washington and New York
on the return leg – in all nine branches and chapters in 22 days!
Many thanks to all who hosted me and used my presence to
such good effect in meetings, speaking engagements and
member events. I hope the doors we opened have led to
longer term relationships. In addition I again attended ICC’s
mediation moot in Paris and spoke at the Irish Branch’s
annual dinner in Dublin in November: a typically convivial event.
I should have liked to visit many more of you, but sadly time
and funds did not permit.
We continued to refine and improve the website, introducing
the Public Members Directory and ‘Find a Dispute Resolver’,
both designed to give members a tool to use to promote
themselves; a conference and events hub and the entire
back catalogue (online and searchable), of our inestimable
Journal of Arbitration, from 1915 available to members.
Leslie Alekel ACIArb joined us from the IBA as our new
Director of Education and Academic Affairs in August, after an
interregnum of six months following Aaron Hudson-Tyreman’s
departure, and made an immediate and encouraging impact.
I am indebted to her for the most professional way in which
she concluded our commercial mediation contract with
facilit8 to provide our commercial training in 2010-13 and
subsequently her negotiations with Globis on introducing
workplace mediation to our training palette. I should here
thank Louise Barrington for her work in the interim reviewing
our training materials which was an essential prerequisite to
our current task in 2011 of updating them to be fit for the
21st Century.
If the focus in 2009 was on standardisation and consistency,
in 2010 we concentrated on growth. Additional income was
achieved by adding various courses through the year when
a market demand for them was demonstrated. We worked
hard to encourage and assist branches to put on more courses,
making it a clearer process with more central support. We
will continue to develop this in 2011. Since we rolled out the
Recognised Course Provider scheme in 2009, 20 institutions
worldwide have applied and been approved. Others are
currently being evaluated. We continue to encourage bodies
and institutions to apply. The diploma course directed by
Phillip Capper FCIArb ran again in Oxford with 28 students,
the largest group yet.
In 2010, the second year of focus on Learned Society activity,
the research team’s output grew significantly. The content of
the Mediation Symposium on ‘Creating Confidence in
Mediators’ (Lord Dyson honoured us by agreeing to be our
keynote speaker) and its accompanying compendium with
typically wise guidance from Tony Marks, our Director of
Legal Services, demonstrated the team’s professionalism.
Our most recent publication, published in February 2011 by
Julio Cesar Betancourt, Head of Research and Jason Crook,
What Is Alternative Dispute Resolution?, has been taken as a
reference by Harvard Law School. Our first foreign language
publication, a Spanish translation of Frank E A Sander’s
book Varieties of Dispute Processing, was published mid-
2010. Our training and research partnerships included the
University of Salamanca, University College London, London
School of Economics, King’s College London, Robert
Gordon University in Aberdeen and the Bahrain Chamber of
Dispute Resolution amongst others. We negotiated new
CIArb Prizes with University College, London for LLM
dissertations on alternative dispute resolution, the winning
CIArb Annual Report 2010: Reports from the Boards, Committees and Executive – The Executive
Page 15

Annual Report 2010
essays to be published on the website and submitted to the
Journal, and we negotiated agreements with UCL and LSE
to publish an online library of essays on ADR by their students.
We are also looking to further useful collaboration with the
Practice and Standards Committee in its task of producing
guidance for practitioners.
We were grateful to Professor Loukas Mistelis MCIArb for
giving the Alexander Lecture on 23 November on ‘The Many
Faces of International Arbitration’ (in 2011 our speaker will be
Lord Phillips, President of the Supreme Court and our new
Patron). Lastly on the academic front, may I encourage more
members to make use of the Maughan Library at King’s College
London where we have negotiated a more streamlined
process for admission: details are on the website.
The review of the bye-laws and regulations, including in
particular important aspects of the Branch Model Rules, has
been an immensely time-consuming task for Tony Marks,
our Director of Legal Services, even though the proposed
changes are incremental rather than fundamental. Absent
any major recommendations for change by the Governance
Tribunal, the amended regulations and Branch Model Rules
are likely to be approved by the Board of Trustees at its May
2011 meeting. Amendments to the bye-laws are unlikely to
be put to the membership for approval in 2011, but
progress is being made. Similarly, the Post Fellowship
Working Group established by the Board of Management
under Neville Tait, the then PMG Chairman, with support
from Tony Marks, grappled with the Catch 22 of how to
move from Fellow to Chartered Arbitrator, and we expect
proposals to go to the Board of Management in mid-2011.
Our second subsidiary company, the room hire business
now operating as “12 Bloomsbury Square Ltd” had another
most successful year, maintaining 2009’s performance even
in the continuing downturn, with a mix of clients from major
international and sports arbitrations to our summer language
students and long-term computer trainers. It provides a solid
financial base as well as achieving the ‘facilitation’ of ADR
enshrined in our Charter Object.
I should like to thank Mark Entwistle for his selfless devotion
to CIArb when he stepped into the breach to chair the
Board of Management for the first half of the year. It was not
an easy task and I am personally indebted to him for his calm
judgment and sage advice. We then welcomed Richard
Morris who took over the chair in May. There were a number
of staff departures. I should like to thank Malcom McMullan,
Director of Finance and Administration for all his support and
advice over the past five years and wish him well in his
retirement. Diane Howard also retired after 29 years’ service
to the Institute. Aaron Hudson-Tyreman, Richard Rodger, Zoi
Fletcher, Obi Opara, Karen Murray, Randalle Roberts, James
Luton and Paula Clarke all left after varying lengths of service;
while in addition to those already mentioned we welcomed
Alison Sweeney, Clare Ollerhead, Hammad Khan, Kamal
Hussain and Helen Chowaniec. Quite a turnaround, although
our retention rate for staff still beats the UK average, I’m
pleased to say.
2010 was not an easy year for the Executive in many ways;
but it was also a year of real progress and solid results. I am
more grateful than I can say to our directors, Nicki Alvey,
Tony Marks, Clare Hughes and Leslie Alekel for their
unflagging loyalty and commitment and to their dedicated
teams here at 12 Bloomsbury Square.
n
Page 16
CIArb Annual Report 2010: Reports from the Boards, Committees and Executive – The Executive

Annual Report 2010
MINUTES OF THE NINETY-SIXTH ANNUAL GENERAL MEETING 2010
Held at 12 Bloomsbury Square, London WC1A 2LP on Thursday 13 May 2010.
Present: Mr Joe Behan, CIArb President (in the Chair)
There were 32 members present at the meeting, who were
welcomed by the President.
The Director General read the Notice convening the Annual
General Meeting.
1 Apologies for absence
The apologies for absence were noted by the President.
2 To adopt the Trustees’ Annual Report and
Accounts for the year ended 31 December 2009.
The President read out the motion to adopt the Financial
Statements of CIArb for the year ended 31 December 2009.
The Honorary Treasurer briefly commented on the result for
2009 which was a good year for CIArb financially despite the
recessionary conditions that prevailed.
Total incoming resources, at £6.6m, had more than matched
2008’s figure which itself had surpassed 2007 by 30 per
cent. Net Income for 2009 totalled £570,000 compared with
£127,000 in 2008 due to a slight increase in total income
against 2008 figures, a reduction in expenses and an upturn
in value in the investment portfolio as stock markets
recovered.
Membership income was almost exactly the same as in
2008 at £2,807,000. This was quite an achievement given
the recessionary conditions that prevailed throughout 2009.
Appointment and Scheme Administration Fees fell by
£230,000 mainly as a result of the difficult trading conditions
experienced by IDRS Limited, which were directly related to
the recession.
The Honorary Treasurer reported that activity in Education
and Training had increased from £1,188,000 in 2008 to
£1,468,000: an increase of 24 per cent which followed an
increase of 37 per cent in 2008.
Room Hire had another very busy and successful year with
income of £600,000, an increase of 17 per cent.
To turn to costs, total operating costs were kept under tight
control and were in fact £40,000 less than in 2008 at
£6,228,000.
There was an unrealised gain in the investment portfolio of
£130,000. In 2008 there had been an unrealised loss of
£157,000 as the stock markets fell heavily. Most of the 2008
losses were therefore recovered.
Finally, the Hon Treasurer pointed to the increase in
consolidated net assets of £492,000 being the net surplus
of £570,000 less a translation loss of £78,000 arising from
the net assets of the branches in currencies other than
sterling.
There were no questions and the motion was proposed and
seconded. The President invited adoption of the Trustees
Annual Report and Accounts by a show of hands. These
were adopted unanimously.
3 To adopt the Annual Report of CIArb in respect of
the year ended 31 December 2009 (including the
Minutes of the AGM held on 14 May 2009).
The President moved for adoption of the Annual Report of
CIArb in respect of the year ended 31 December 2009
including the Minutes of the AGM held on 14 May 2009.
The President invited the adoption of the Annual Report and
Accounts by a show of hands. These were adopted
unanimously.
4 To authorise the trustees to fix the remuneration
of the auditors.
The motion to fix the remuneration of the auditors was
proposed and seconded.
The President invited the adoption to authorise the trustees
to fix the remuneration of the auditors by a show of hands.
This was carried unanimously.
5 Close of meeting
The President then closed the formal part of the meeting at
6.45pm.
n
CIArb Annual Report 2010: Minutes of the Ninety-Sixth Annual General Meeting 2010
Page 17

Annual Report 2010
INTERNATIONAL BRANCH REPORTS
AUSTRALIA Branch
Chairman: John Wakefield FCIArb
The principal Australia Branch officers in 2010 were: John
Wakefield FCIArb (Chairman), Amanda Lees FCIArb (Honorary
Secretary) and Michael Sanig MCIArb (Honorary Treasurer).
In January 2010, a planning meeting was held with members
of the committee (council) and the Director General. The
meeting considered a number of matters including support
for existing courses and development of further courses
including the Diploma of International Commercial Arbitration
Course, Special Members Course, the Award Writing Exam
and the Fast Track to Fellowship Course. Other matters
discussed were development of mediation strategy, website,
the newsletter, a young member committee and the Asia
Pacific Conference 2011.
The Director General also met with the New South Wales
Attorney General and the Director General of the Attorney
General’s Department and the Chief Justice of New South
Wales and former Chief Justice of Australia. He attended an
event sponsored by the Queensland Chapter (at Minter Ellison)
and met with the University of Queensland and the Royal
Institute of Chartered Surveyors.
In June, the International Arbitration Amendment Act was
passed leading to the reform of international arbitration in
Australia. The draft bill had been the subject of submissions
by the branch prepared by Albert Monichino SC FCIArb, Jim
Creer, Alan Limbury FCIArb, Malcolm Holmes QC FCIArb,
Derek Minus FCIArb and John Wakefield.
In August, the Federal and State Attorneys’ General opened
the Australian International Dispute Centre (AIDC) in Sydney.
The centre is a partnership between the Commonwealth of
New South Wales governments, the Australian Commercial
Dispute Centre and the Australian Centre for International
Commercial Arbitration (ACICA). It is a state of the art facility
for the conduct of arbitration hearings and mediations. The
Australian Branch has also worked with ACICA to support
the establishment of a multipurpose facility in Victoria.
In September, the Australian Branch resolved to enter into a
co-operation agreement with ACICA and AIDC. The
agreement was signed by Branch Treasurer Michael Sanig at
the ACICA Conference in October. The agreement records in
general terms the areas of activity and co-operation between
the parties on the occasion of the establishment of the AIDC.
In October, New South Wales commenced the reform of
domestic commercial arbitration in Australia upon the
introduction of the Uniform Commercial Arbitration Act. The
amended legislation in many respects adopts the UNCITRAL
Model Law. Similar legislation is to be introduced in other
states. This followed on submissions, inter alia, from the
Australian Branch prepared by Albert Monichino, Peter
Megens FCIArb, John Wakefield and Derek Minus. A single
submission was provided to the Standing Committee on
Attorney’s General by the branch in conjunction with the
Institute of Arbitrators and Mediators Australia (IAMA).
In July, at the invitation of the Federal Attorney General,
committee members John Wakefield and Rashda Rana
attended the Forum on International Commercial Dispute
Resolution at Shanghai Expo 2010. This event hosted by the
Australian Government, promoted the skills of Australian
practitioners and Australia as a destination for arbitration and
dispute resolution. It was run in conjunction with ACICA.
The Fast Track to Fellowship Course was conducted on 17-
18 April attracting five candidates. Committee members
Damian Sturzaker and Albert Monchino presented with guest
tutors including Jim Creer, John Wakefield and Derek Minus.
The award writing workshop, run by Albert Monchino with
the assistance of Jim Creer, was conducted on 1 May in
Sydney, attracting seven candidates. The award writing
examination on 22 May was written and marked by Rashda
Rana and Albert Monchino and moderated by Damian
Sturzaker and was attended by eight students. The practice
and procedure exam was held in December, devised,
conducted and marked by Rashda Rana FCIArb, Albert
Monchino and Damian Sturzaker MCIArb. The committee
would particularly like to thank those members who gave of
themselves to formulate, conduct and examine the courses
this year.
The Diploma in International Arbitration Course was run from
2 - 10 October in Penang. This was a joint initiative of the
Australian Branch with the University of New South Wales,
the Singapore and Malaysian Branches, the Kuala Lumpur
Regional Centre for Arbitration and HKIAC. The course
attracted eighteen candidates from Australia, the United
Kingdom, Singapore, Malaysia and Mozambique. It was
taught by Malcolm Holmes QC with the assistance of
committee members and included as faculty members,
members of the judiciary in Australia and Singapore and
prominent arbitration practitioners from across the region.
In September, the branch in co-operation with the New
South Wales Young Lawyers conducted the International
Arbitration Moot in Sydney. The moot questions were
prepared by committee member Rashda Rana. Nine teams
Page 18
CIArb Annual Report 2010: International Branch Reports

Annual Report 2010
participated and presentations were adjudicated by members
of the committee. The final was judged by committee
members Rashda Rana, Michael Sanig and John Wakefield.
The prize for Best Orator was a place in the Diploma of
International Arbitration Course for 2011 worth AUD$6,600.
Other prizes were generously donated by Federation Press,
Oxford University Press & Cambridge University Press.
The Australian Branch in co-operation with the Executive
has been organising the International Arbitration Asia Pacific
Conference for May 27-28 2011 in Sydney. John Wakefield
is Chair of the Local Organising Committee comprising
members from branches in North America, East Asia,
Singapore, Malaysia, Thailand and India. The conference
promises to afford a real insight into issues affecting
international dispute resolution in the Asia Pacific.
In September, we co-sponsored with the University of Sydney
Law School a seminar on the operation of the International
Arbitration Act, held at AIDC. In October, committee members
Peter Megens and Beth Cubitt FCIArb of Mallesons hosted
a firm seminar on the operation of the Commercial Arbitration
Act. This was conducted in Melbourne and video-linked to
Mallesons offices in Sydney and Brisbane.
The Law Society hosted the Diploma in International
Arbitration dinner in Sydney on 1 December. The function
was attended by over sixty people including the Attorney
General for New South Wales, the President of the new
South Wales Court of Appeal, members of the course faculty,
past and present students and leading arbitration practitioners.
The dinner has become an annual event in the Australian
arbitration calendar and we very much appreciate the
significant support which we have received from the Law
Society of New South Wales in this and other initiatives.
of thanks was moved to him for the extraordinary service
which he had given to the branch and its ongoing activities
in New South Wales, his contribution to the educational
services provided by the branch and his tireless promotion
of arbitration and ADR in Australia over many years.
The branch continues to issue the ADR Reporter, our
newsletter. As well as providing members with information
about upcoming events, the newsletter has provided updates
on cases relevant to the practice of arbitration in Australia,
proposed legislative changes and general comment on
possible improvements in the practice of arbitration and other
forms of dispute resolution. Our thanks go to Treasurer,
Michael Sanig, for his significant efforts in preparing the
issues of the Reporter for publication.
Our Executive Officer, Emma Matthews, retired in mid-2010.
We extend a warm welcome to Michelle Sindler as Executive
Officer and thank her for the administrative assistance and
the support which she has given the branch in that capacity.
I would lastly like to thank the members of the committee
whose contributions to the continuing functioning of the
branch and its initiatives in their various capacities have
been committed and substantial.
n
In December, the branch in co-operation with ACICA, AIDC
and IAMA sought leave to appear as Amicus Curiae in the
application for special leave to appeal to the High Court from
the New South Wales Supreme Court’s decision in Gordian
Runoff Limited v Westport Insurance Corporation & Ors.
One aspect of the appeal will concern the extent to which
arbitrators are required to give reasons for their findings in
an arbitration award. Doug Jones SC FCIArb and John
Wakefield provided affidavits in support of the application for
leave to intervene.
John Wakefield attended on behalf of the branch at the CIArb
Congress of Branch Chairmen in Heidelberg in mid October.
Our branch AGM was held in June.
Jim Creer, who had been instrumental in the establishment of
the branch, retired from the committee in early 2010. A vote
CIArb Annual Report 2010: International Branch Reports
Page 19

Annual Report 2010
Bermuda Branch
Chairman: Jeffery Elkinson FCIArb
The principal Bermuda Branch officers for 2010 were:
Jeffery Elkinson FCIArb (Chairman), John McKenna MCIArb
(Honorary Treasurer) and Christian Luthi MCIArb (Honorary
Secretary).
The Bermuda Branch has finished another successful year,
as usual culminating in our Annual Dinner. Our guest speaker,
one of the world’s leading arbitrators specialising in
employment law, Arnold Zack, professor at Harvard
University, with his vast experience as an arbitrator, not least
in developing nations, entertained the branch and their guests
with an interesting talk on the important role arbitration plays
in maintaining and improving the social fabric in many third
world countries.
We held an Associate members’ course in arbitration and had
some interesting talks during the year, not least from Paul
Godin ACIArb, one of our branch members presently based
in Oregon and one of the formative tutors, who gave a great
talk about “difficult conversations” – you had to be there.
Finally, the branch was honoured by the election of the
branch chairman to be President of CIArb in 2012.
Our branch continues to function efficiently, mainly due to
the good work of our executive, in particular the officers,
John McKenna and Christian Luthi.
Cyprus Branch
Chairman: Andrew Demetriou FCIArb
The principal branch officers for 2010 were: Andrew Demetriou
FCIArb (Chairman) and Nicos Elia MCIArb (Honorary Treasurer).
The Cyprus Branch had a relatively active year in 2010. The
branch organised the first Cyprus Dispute Resolution Forum
in June with speakers from the construction industry as well
as Cypriot CIArb members and UK and Greek lawyers
experienced in arbitration and dispute resolution. The event,
which will become an annual event, was very well attended
and received. We also sent a delegate to the International
Conference in Dublin.
The branch continues to grow steadily and is planning to
invite CIArb to participate in the second Cyprus Dispute
Resolution conference in the autumn of 2011.
n
n
East Asia Branch
Chairman: Timothy Hill FCIArb
The principal East Asia Branch officers for 2010 were:
Timothy Hill FCIArb (Chairman), Nicholas Longley FCIArb
(Honorary Secretary), Joseph Gilfeather FCIArb (Honorary
Treasurer) and Raymond Au FCIArb (Public Relations Officer).
The East Asia Branch has enjoyed a busy and successful
year. Although centred in Hong Kong, we have continued to
promote the knowledge and practice of ADR across the region.
The practice of arbitration in Hong Kong was advanced by
the enactment of a new Arbitration Ordinance. The
Ordinance reflects the Model Law, incorporating a number of
the amendments approved by UNCITRAL in 2006. A number
of members of the Institute were involved in the preparatory
work leading to the drafting of the Ordinance. The branch was
fortunate to be addressed by two of the main architects of the
Ordinance, Robin Peard FCIArb and Frank Poon in November.
The branch collaborated with the Department of Justice and
other interested organisations to establish the Joint
Mediation Helpline, a first point of contact for parties to court
proceedings who wish to consider the use of mediation to
solve their disputes. This collaboration is ongoing. Thanks
are due to Nick Longley and Man Sing Yeung FCIArb for their
dedication in making this happen.
The current membership of the branch stands at
approximately 1,500. During the course of the year we held
a wide variety of speaker meetings, meeting at least once a
month and often more frequently. Presentations addressed
topics of interest to mediation and arbitration practitioners. We
were particularly honoured to be visited by the President, Joe
Behan, during his year of office. Thanks are due to
Raymond Au for his management of the programme.
We have continued with our efforts to promote the use of
arbitration and other forms of ADR throughout Asia, by
organising our initial entry courses in Korea (run twice) and
Taiwan. A Fast Track to Fellowship International Arbitration
course will take place in Japan in April 2011, in collaboration
with the North American Branch. We also collaborated with
the VIAC in the organisation of a conference in Ho Chi Minh
City. Thanks are due to Richard Leung and his colleagues
on the Regional Development Committee for making these
events happen.
We have continued to grapple with the challenges presented
by the new Pathways and the desire to deliver courses
reflecting current Hong Kong law. The branch will be running
Page 20
CIArb Annual Report 2010: International Branch Reports

Annual Report 2010
its first Fast Track to Fellowship Course under the Pathways
in March 2011 and the Award Writing Exam will follow later
in the year. Thanks are due to Paulo Fohlin FCIArb for his
leadership of the Professional Development Sub-Committee.
Our Young Members Group remained very active organising
a wide variety of events and technical meetings. These
activities included collaboration with the Young Members
organisations of other learned societies. Thanks are due to
Jessica Chan ACIArb, Johnson Lee FCIArb, Cheryl Je MCIArb,
Justin Wong MCIArb and the rest of the YMG Committee for
their dedication.
The branch continues to be represented on the Editorial
Committee of the Asian Dispute Review Journal and
publishes a branch newsletter quarterly.
Joe Gilfeather, the Honorary Treasurer, continues to manage
branch funds to ensure that it remains financially healthy.
The 2010 financial year saw a slight drop in reserves. Total
cash reserves of the branch stand at HK$3.3 million. Please
refer to his Treasurer’s Report for full details.
Thanks are due to all the members of the committee,
particularly Joe Gilfeather and Man Sing Yeung, the two
Vice-Chairmen.
n
European Branch
Chairman: Axel Reeg MCIArb
The principal European Branch officers for 2010 were: Dr Axel
Reeg MCIArb (Chairman), Jacopo Monachi Naldini MCIArb
(Honorary Secretary) and Stuart Ness MCIArb (Honorary
Treasurer).
In 2010, the European Branch had planned to hold two
meetings as usual, a Spring Meeting in Edinburgh, Scotland,
and the Autumn Meeting in Frankfurt, Germany.
Most unfortunately, the Spring Meeting in Edinburgh, which
had been planned in conjunction with the Scottish Branch
and which had a most promising and well-conceived
programme, had to be cancelled on the very day it was
supposed to begin due to the volcanic ash cloud approaching
Scotland which led to the closure of – among many others –
the Scottish airports. Some attendees, however, had arrived
in Edinburgh already and were then stranded there for a
number of days.
The Frankfurt Conference on 21-22 October 2010 was a big
success. It was jointly organised with DIS and was held as
the DIS autumn conference. The conference was entitled
‘Common Law versus Civil Law Approaches to International
Commercial Arbitration – Cultural Divide or Convergence?’.
The response was absolutely excellent; it was the best
attended conference ever both for the DIS and for the
European Branch with well over 200 attendees. The contents
were well received, too. The layout of the sessions was such
that for each topic there was a speaker with a Common Law
background and one from a Civil Law background, a majority
of the speakers being branch members.
Further, the branch has co-operated in the organisation of a
conference held from 11 - 13 March 2011 in Riga, Latvia,
hosted by our branch committee member, Dr Inga Kascevska.
Apart from this, the branch committee has held their two
regular meetings, one in Geneva, Switzerland, in the offices
of Lalive and one in Frankfurt, Germany, where the Annual
Meeting was held. We also hosted the Institute’s Congress
held in Heidelberg, Germany, in October 2010.
The branch has further developed projects to co-organise
training programmes with established arbitration institutions
on the continent.
n
CIArb Annual Report 2010: International Branch Reports
Page 21

Annual Report 2010
India Branch
Chairman: Lalit Bhasin FCIArb
Irish Branch
Chairman: Terence O’Keeffe FCIArb
The principal India Branch officers for 2010 were: Lalit
Bhasin FCIArb (Chairman), Chandrakant Kamdar FCIArb
(Honorary Secretary) and A Shah ACIArb (Honorary
Treasurer).
CIArb India Branch has been very active recently organising
awareness-raising programmes and interactive discussions.
We have conducted awareness-raising programmes with,
among others, the Bombay Stock Exchange (BSE), a 135
years old stock exchange, the Inter-connected Stock
Exchange (ISE), Bombay Samachar, a 190 year old daily
newspaper, the Rotary Club and the Forward Market
Commission (FMC), the regulator for the commodities
market in India.
The branch has also run training courses in arbitration and
we have been talking to the law colleges of different states,
chambers of commerce and capital market and insurance
regulators about running arbitration-related courses and
awareness-raising programmes.
The India Branch joined forces with the Forward Market
Commission (FMC) to conduct Arbitrators Meets with the
major Commodities Exchanges of the country. Branch
Chairman Lalit Bhasin FCIArb, Secretary Chandrakant
Kamdar FCIArb and members addressed the Arbitrators’
Meet at four regional centres for arbitrators on the Panel of
Commodities Exchanges. We are also in dialogue with the
Capital Market and Insurance regulators along the same lines.
In January, Director General Michael Forbes Smith visited
India and addressed branch members.
In association with the Society of Indian Law Firms, CIArb
India arranged interactive sessions on international arbitration
where Michael Black QC FCIArb, Ian Hunter QC FCIArb and
John Hinchey ACIArb made presentations in New Delhi in
November and in Mumbai in December.
The India Branch has entered into a Memorandum of
Understanding with the Nani Palkhivala Arbitration Centre to
conduct training courses and other arbitration-related activities.
The branch is also formulating a scheme of Student
Membership which will be sent to the Executive for approval.
It is the view of the existing directors that the board should
be expanded to give due representations to different regions
in the country.
n
All members of the Irish Branch Committee stood down and
stood for re-election during 2010. The new 2010 committee
elected comprised principal branch officers: Terence O’Keeffe
FCIArb (Chairman), Patrick Brady FCIArb (Vice Chairman),
Sean McCormack MCIArb (Honorary Secretary), Dermott
Jewell ACIArb (Honorary Treasurer) and Larry Fenelon FCIArb
(Public Relations Officer).
Committee meetings were held throughout the year excluding
August. The committee embarked on a strategic review and
meetings have taken place with the Law Society, Engineers
Ireland, IBEC, the Small Firms Association, the SCS, IAVI,
RIAI, the Irish Commercial Mediators Association, the
Department of Enterprise Trade & Innovation, ISME, the
Dublin Solicitors Bar Association and SIMI and we are in the
process of arranging to meet with the Bar Council.
The sub-committees have been very active, including the
mediation sub-committee who have commissioned a
mediation survey and issued an interim report. The Young
Members have also been very active, meeting regularly and
planning to hold a Young Members Conference in Dublin in
the autumn of 2011. The construction sub-committee also
meet regularly.
We continue to appoint arbitrators, mediators, conciliators
and adjudicators to both scheme and ad-hoc requests.
These appointments have increased during 2010 with the
request for ad-hoc appointment doubling during this time.
A template for all annual activities has been devised and is
now in place. The deficit of approved trainers and course
directors has been highlighted and an active programme is
being put in place to ensure that a ‘candidate’ trainer is
placed on every course.
The Northern Ireland Chapter held its 2010 AGM in late
March and a new convenor, Mark McAllister MCIArb and
committee were appointed comprising: James Golden
MCIArb, Gordon Barry FCIArb, Dermot Durack MCIArb, Jim
Halley MCIArb, Aedan McGovern FCIArb, Rowena Mulcahy
FCIArb and James O’Donoghue FCIArb. The chapter
committee has a clear remit to:
u expand chapter membership beyond the construction
industry;
u run new introduction training courses;
u continue the programme of Annual Guest Lectures which
in 2010 was ADR in the Loss Adjustment Industry;
Page 22
CIArb Annual Report 2010: International Branch Reports

Annual Report 2010
u raise the profile of branch and chapter, liaising with the
newly formed NI Department of Justice to contribute to
the Review of ADR in NI (2011);
u develop close academic links with the two universities,
examine partnership approaches to ADR related courses
and grow our faculty of trainers;
u examine the feasibility of arbitration schemes for the NI
jurisdiction and Pupillage routes towards Chartered
status and
u organise a conference to coincide with the new crossborder
mediation directive – now well advanced for 2011.
The passing of the Arbitration Act 2010 on 8 June was a
major event for the Irish Branch. We undertook to provide
informative workshops and three events were organised in
Dublin, Cork and Galway, all of which were well attended by
both members and the public.
The Law Reform Commission issued its report on mediation
together with the Draft Bill. This paves the way for promotion
of mediation in Ireland which will be supported by new
legislation to increase the use of mediation in Ireland. We put
in place Accredited Mediation Training & Assessment
(facilit8) and 14 out of 18 participants passed. Other training
for members included breakfast workshops on Negotiation
Skills for Mediators, Group Skills for Mediators and
Conciliation Skills for Mediators.
We were honoured to host the President’s Event in Dublin in
September 2010, attended by 80 delegates. It was opened
by the Right Hon. Justice Fidelma Macken, of the Irish
Judiciary and speakers included Catherine McGuinness, the
President of the Law Reform Commission. Other speakers
came from the USA, Australia, Germany and England. The
event was followed by a Gala Dinner in Trinity College.
Our Annual Kenneth McQuillan Lecture March 2010 was
given by Prof Mark Cato who provided a witty and
informative speech for the 70 attendees.
Peer Interviews for Fellowship were held in November and
another 18 Fellows were welcomed by the Irish Branch.
Other social occasions included our annual lunch in April.
The annual golf event was held in July and we also held a
special summer event in July which was run in conjunction
with Corporate & Public Lawyer Association. Our Annual
Dinner in November was supported by 97 guests and
members. As Chairman, I visited Paris with the ICC and also
attended the Heidelberg Conference.
new website. It has a new function tool where applications
can be made online for the appointment and nomination of
arbitrators, mediators, conciliators and adjudicators.
Branch newsletters are now issued via our website and five
were distributed during the course of 2010. We look forward
to continuing our networking in 2011 and the 2011 training
calendar has been put in place for arbitration, mediation and
international arbitration.
n
Kenya Branch
Chairman: Jonny Havelock FCIArb
The principal Kenya Branch officers for 2010 were: Jonny
Havelock FCIArb (Chairman), Jacqueline Kamau FCIArb
(Vice Chairperson), Esther Kinyenje-Opiyo MCIArb (Honorary
Secretary) and Vaizman Aharoni MCIArb (Honorary
Treasurer).
In 2010 the branch registered 57 new applicants. Other key
achievements during the year included the 2009
amendments to the Kenya Arbitration Act 1995 which were
proposed by members of the Institute. Kibaya Laibuta
FCIArb was appointed as a Commissioner to the Committee
on Implementation of the Constitution. The branch raised
about 2,000,000 Kenya shillings towards the development
of the branch premises and regional arbitration centre.
Notable events during 2010 included the Presidential visit to
our branch. During his visit Joe Behan participated in the
Build Operate and Transfer Workshop. Our Annual General
Meeting was held on 30 June and the end of year Cocktail
was held in December.
The branch continued its active training programme in 2010,
including the full range of modules in arbitration, an
introduction to mediation and construction adjudication
course, two introduction courses to ADR and arbitration,
accelerated routes courses, Chartered Arbitrator Interviews
and courses in Dispute Avoidance & Construction Claims
and FIDIC.
The branch enjoyed continuing involvement with other
groups including a three-day seminar on mediation with the
Federation of Women Lawyers Kenya (FIDA), mediation
training with the Ministry of Labour and international
commercial arbitration training with Washington University /
International Law Institute in Kampala.
n
Another major event during the year was the launch of our
CIArb Annual Report 2010: International Branch Reports
Page 23

Annual Report 2010
Lebanon Branch
Chairman: Muhyiddin Itani MCIArb
The Lebanon Branch Committee members for 2010 were:
Muhyiddin Itani MCIArb (Chairman), Carla Kassis MCIArb
(Vice Chairman), Mohamad Alem MCIArb (Honorary Secretary),
Mohamad Said Fatha MCIArb (Honorary Treasurer) and
George Feghaly MCIArb (Public Relations Officer).
The branch was active in 2010 in organising educational
and evening events.
In June, we held an evening members’ reunion, welcoming
twenty-five new Associates who joined the Lebanon Branch
after their successful achievement in the introductory course
to international arbitration in September 2009. The
membership of the Lebanon Branch has now increased to
more than 70.
The programme included presentations by Branch Chairman
Muhyiddin Itani, introducing the basic steps to the CIArb
Pathways Programme. President at the Court of Cassation
Dr Sami Mansour MCIArb talked about his experience as a
judge and the importance of becoming a CIArb member.
CIArb Trustee and Vice-Chair of the Board of Trustees, Dr
Nayla Comair Obeid FCIArb spoke about the practical case
in arbitration, an event that was held in 2010 in the Gulf,
highlighting the efficiency of obtaining the proper education
and sufficient knowledge in arbitration.
In September, we held a very useful two-hour lecture on
mediation awareness, presented by Salwa Khairallah FCIArb
and member of the LMAA and CEDR. Attended by forty-five
persons, the lecture included topics on the key points of
mediation, mediation styles, mediation process, role of the
parties, role of the mediator and why to go for mediation.
In November, the branch welcomed CIArb President, Joe
Behan, who updated us on matters relating to CIArb and
gave our members a fascinating insight into mediation,
conducting a thoroughly interesting three-hour seminar
entitled ‘Aspects and Recent Developments of Mediation’. The
afternoon session included a mock mediation presented by
two of our committee members, George Feghaly and
Mohamad Soubra ACIArb, including lawyer Jamil El Hajj.
During the case study, Mr Feghaly acted as the mediator and
took the audience through the practical steps of the
mediation process, while highlighting the role played by the
mediator in moderating a constructive speech between the
two parties, played by Mohamad Soubra and Jamil El Hajj,
in reaching a solution.
This event was attended by forty people, including judges,
lawyers, mediators, engineers and businessmen. The
seminar was held under the patronage of the British
Ambassador to Lebanon, Her Excellency Frances Guy, who
held a reception later that evening at her residence, on the
occasion of the visit of the President Joe Behan, also
welcoming the branch committee members, diplomats,
judges, lawyers, businessmen and journalists.
We have submitted three branch newsletters on the above
mentioned events, including details and photos of attendees
at the events.
Finally, I would like to thank the members of the branch
committee for their kind contributions and continuing support,
which have been both substantial in time and effort over the
past years.
The committee is dedicated to providing useful events to
members and non-members, particularly architects, engineers,
auditors and lawyers, to encourage development within
CIArb and to encourage non-members to join and also to
increase the number of members in the branch. We look
forward to another year in which it is hoped that we will
achieve our long-term goal of establishing a regional centre
for arbitration and ADR in the Middle East.
n
Page 24
CIArb Annual Report 2010: International Branch Reports

Annual Report 2010
Malaysia Branch
Chairman: Ashok Ranai FCIArb
The principal Malaysia Branch officers for 2010 were: Ashok
Ranai FCIArb (Chairman), Samrith Kaur FCIArb (Honorary
Secretary) and Ying Hui Lim ACIArb (Honorary Treasurer).
2010 was yet another fruitful year for the Malaysia Branch.
Amongst other activities, the branch has been conducting
courses, talking with the judiciary and participating in arbitral
activities jointly with other institutions such as the Kuala
Lumpur Regional Centre for Arbitration (KLRCA).
Since the last Congress in Kota Kinabalu, the branch has
been at the forefront of promoting ADR and will continue to
play an active and meaningful role to position CIArb and
Malaysia as a global brand in ADR.
The Malaysian government’s recognition of CIArb as a key
stakeholder in ADR is reflected by the invitation by the
Malaysia Attorney General’s office to assist in drafting the
Arbitration Act 2005. Recently the branch was invited to sit in
the Law Reform Committee for the proposed amendments
to the Arbitration Act 2005.
We are also working with the KLRCA to set the required
standards for arbitrators intending to apply for listing on its
panel of arbitrators. The recent adoption by the KLRCA of a
minimum of Fellow of the Chartered Institute of Arbitrators
for panel listing is a recognition of the high standard of the
CIArb Fellow qualification. The Director of the KLRCA,
Sundra Rajoo FCIArb, is a past Chairman of the Malaysian
Branch and a senior member of CIArb who has contributed
immensely to the development of CIArb in Malaysia. His
current post and the past relationship with CIArb augur well
for the branch in the future. We have been invited by the
KLRCA to be part of the following:
u Conversion Course for the Attorney General’s Senior
Officers in October 2010 attended by the Attorney
General himself, two of the Solicitor Generals and other
senior officers;
u Umbrella Group - representation by Malaysian Bar
Council, KLRCA, Malaysian Institute of Arbitrators and
CIArb Malaysia Branch. The object of the group is to
coordinate and harmonise ADR training among the
stakeholders of the arbitration industry to improve the
quality of the new generation of arbitrators;
u APRAG Conference 2011- the KLRCA won the bid to
organise the conference. SIAC and CIETAC had also bid
for the conference but lost out to KLRCA. Winning the
bid means that the KLRCA will assume the Presidency of
APRAG. The branch was invited to be part of the
organising committee.
The branch recognises that arbitration is only effective if the
courts are supportive. With this in mind, we paid a courtesy
visit to the judiciary in 2009 which resulted in an invitation
from Chief Justice Tun Zaki to conduct a course for all High
Court judges in the judicial practice relating to arbitration,
which was held at the Palace of Justice in February 2009. In
August 2010, the new office bearers paid another visit to the
Chief Justice, who indicated that he was happy with the
course last year and would like us to organise a similar forum
next year. We are currently working with the judiciary on an
appropriate date to hold the forum.
The branch is proud to have held an Accelerated Route to
Fellowship course in Kuala Lumpur in June 2010 with 28
candidates attending. While the course itself went well, there
were a number of issues which require attention for future
courses.
The branch and KLRCA, jointly with the Australian Branch
and Singapore Branch, conducted another successful
Diploma in International Commercial Arbitration course at
the Parkroyal Hotel Penang in October. This course is one of
two such courses authorised by CIArb in London, the other
being based in Keble College, Oxford, UK. Some 18 students
from the UK, Australia, Singapore, Mozambique, Hong Kong
and Malaysia attended and successfully completed this
course taught and tutored by an eminent faculty. Feedback
was very positive.
CIArb Malaysia Branch is continuing its collaboration with
the International Islamic University Malaysia (IIUM). On a twice
yearly basis, we are invited to deliver six lectures on current
arbitration issues to IIUM’s undergraduates. Graduates with
ADR elective are eligible to apply for Associate grade of
membership. We also visit the law faculty once a year to
discuss needs and other projects on which IIUM and CIArb
could embark.
This programme has been ongoing for five years now with
lectures being delivered by experienced members of the
branch. It aims to create awareness about ADR at an early
stage and encourage younger people to pursue a career in
arbitration.
The branch is scheduled to repeat its successful Introduction
to Arbitration Course, fully based on our own Malaysian
Arbitration Act 2005, sometime in the first quarter of next year.
CIArb Annual Report 2010: International Branch Reports
Page 25

Annual Report 2010
Judging from the previous response to the course in 2009, a
large number of participants is expected.
Following the success of an introduction to arbitration course
held for the Public Works Department officers in Sarawak,
East Malaysia, in November 2009, the branch extended the
course in 2010 to officers located in Sabah. The course was
held in May and attracted approximately 40 participants.
The Mediation Bill and the Construction Industry Payment
and Adjudication Bill will soon make its way into parliament
and will come into force within a year. In anticipation of this
we will conduct seminars for the training of mediators and
adjudicators. While we are equipped with a number of
accredited mediators, it will be looking to Bloomsbury Square
to provide the necessary expertise on mediation and
adjudication. The seminars are scheduled to be conducted
in mid-2011.
Of late there has been a rise in software disputes. One of
our branch committee members, Lim Teik Han, is a qualified
software specialist and was keen to explore the possibility of
building a pool of specialists for software disputes referred to
arbitration. The branch visited the Multimedia Development
Corporation with a view of working out a course over a period
of five years to build up a pool of arbitrators with such expertise.
While the corporation was keen, they asked us to carry out a
survey of software disputes in the country before it decides
to make an investment. We are currently conducting such a
survey with assistance from the National ICT Association of
Malaysia (PIKOM).
The branch held its annual dinner in November at the Westin
Hotel, Kuala Lumpur, attended by 300 guests with the Chief
Justice of Malaysia as our Guest of Honour. Guests included
members of the judiciary, past branch chairmen, presidents
of institutions and branch members.
n
Mauritius Branch
Chairman: Ben Daby Seesaram CBE MCIArb
The principal Mauritius Branch officers for 2010 were: Ben
Daby Seesaram CBE MCIArb (Chairman), Sundra Rajoo
FCIArb and Jose Moirt ACIArb (Honorary Joint Secretaries).
Mauritius is not quite a civil law jurisdiction in as much as it
has a hybrid system of law. The substantive law is the Code
Napoleon but has had grafted upon it the English Mercantile
Law and the English law of evidence and criminal procedure.
The law pertaining to Arbitration is to be found under articles
1003 to 1042 of the Code of Civil Procedure.
Negotiations for the setting up of a branch of CIArb in
Mauritius were started by Jose Moirt, a fellow barrister in
2008, with Hew Dundas FCIArb the then President of the
Institute.
At a meeting of the then 22 Mauritian members of the Institute
in May 2008 I was elected Chairman of the steering committee.
The branch has been structured as a Perpetual Charitable
Trust which has resulted in a number of amendments to the
Branch Rules. I must here pay tribute to both Tony Marks,
Director of Legal Services and Michael Forbes Smith,
Director General, for their patience and understanding. I am
glad to place on record that the Mauritius Revenue Authority
has granted the branch charitable status.
The branch was launched on 23 November 2009 by the
Hon: Chief Justice Mr Bernard Sik Yuen at the invitation of
John Campbell QC FCIArb then President of CIArb. The
Director General honoured us with his presence. The branch
at present consists of 32 members of whom one is a
Chartered Arbitrator, 3 Fellows, 6 Members and 22
Associate members.
In August 2010 Joe Behan, CIArb President, paid a visit to
Mauritius and during his very short stay we managed to
organise a conference on whether or not arbitration was
failing. The President also conducted a workshop on
mediation and both functions were very well attended.
In October, the Chief Justice issued Rules of the Supreme
Court which makes it mandatory for all civil cases entered
before the Supreme Court of Mauritius to be submitted first
to mediation. The branch had already planned a two day
introductory course on International Commercial Arbitration
and on Mediation for 4 - 5 October. Presumably due to the
interest aroused by the new Rules of the Supreme Court we
had 48 participants attending the courses which were
conducted by Ike Ehiribe FCIArb. Some 24 participants have
successfully completed the courses and are now eligible for
Associate membership of CIArb.
With the help and advice of Bloomsbury Square the branch
intends to conduct two courses in the very near future. One
will be aimed at those Associate members who are legally
qualified and the other for those who are not legally qualified
in order that they may qualify for Membership. A sub-committee
has been set up to draw up a three year training programme.
n
Page 26
CIArb Annual Report 2010: International Branch Reports

Annual Report 2010
Nigeria Branch
Chairman: Christopher Ojo FCIArb
The principal Nigeria Branch officers for 2010 were: Chief
Christopher Ojo FCIArb (Chairman), Olusola Adegbonmire
FCIArb (Honorary Secretary), Abiola Adegoke FCIArb
(Honorary Treasurer) and James Akinola FCIArb (Public
Relations Officer).
The branch held in the year 2010 a total of six Entry Courses
including one Special Entry course in Abuja for the Industrial
Arbitration Panel of Nigeria, three Accelerated Membership
Programmes and one Fellowship Assessment programme.
Our AGM was held in April and one new member Seni
Ibiwoye was elected into the branch executive committee.
In the last quarter of the year, the branch held its annual
Gala Night where among other things new members were
welcomed to CIArb. As usual it was well attended and
afforded members an opportunity to network and to socialise.
In 2010 our Chairman Chief Bayo Ojo SAN became the
Trustee for Africa of CIArb.
North America Branch
Chairman: Ann Ryan Robertson FCIArb
The principal North America Branch officers for 2010 were:
Ann Ryan Robertson FCIArb (Chairman), Larry Schaner
FCIArb (Honorary Secretary), J.J. Pierson FCIArb (Honorary
Treasurer) and Prof Stacie (SI) Strong FCIArb (Public
Relations Officer).
The year 2010 marked perhaps the most active year in the
history of the North American Branch (NAB).
NAB expanded its Executive Committee to 16 members.
The following people were elected to the Executive Committee
in 2010: Harry Arkin FCIArb, J.J. Pierson FCIArb, Philip
(Whit) Engle FCIArb, S.I. (Stacie) Strong FCIArb, Dan Urbas
FCIArb and John Garman FCIArb. In an effort to develop the
branch further, the Executive Committee created two new
task forces: training and outreach. We also became the first
branch to launch an electronic newsletter.
The North America Branch was a sponsor of a number of
conferences in 2010: the International Institute for Conflict
n
Prevention and Resolution’s (CPR) Annual Meeting held in
New York, the ABA Dispute Resolution Section's Twelfth
Annual Conference held in San Francisco, California, the
Institute for Transnational Arbitration (ITA) 21st Annual Workshop
held in Dallas, Texas, and the ACRGNY conference held in
New York.
We held two training programmes. The first, held in New York
City in April and spearheaded by the New York Chapter,
offered the Accelerated Route to Fellowship. The second,
held in Miami, Florida in November, was organised by the
Southeast Chapter and offered both the Accelerated Route
to Membership and the Accelerated Route to Fellowship
courses. The Miami programme was the largest in NAB’s
history, with 45 candidates, 33 of whom had no prior
association with CIArb, attending.
The branch sponsored pre-Vis Moot competitions in Chicago
and Houston and provided arbitrators for pre-Vis Moot
competitions held around North America, including Georgia,
Florida, Texas, Chicago and Canada. A number of branch
members evaluated memorandum for the Vis Moots. In
addition, Janet Walker MCIArb coached the Osgood Hall
Law School team (Vienna) and Ben Sheppard MCIArb and
Ann Ryan Robertson coached the University of Houston
Law Center team (Hong Kong). Both teams made it to the
semi-finals.
Branch members were also active in the ICC's 5th Annual
International Commercial Mediation Competition. Sue
Nusbaum FCIArb, Ken Alwyn FCIArb and Jason Meek MCIArb
from the Northern California Chapter helped prepare the team
from the University of California Hastings Law School before
heading to Paris, France, to act as judges and mediators.
In January, members of the branch attended the UNCITRAL
Working Group as observers for CIArb. A report on the
activities of the Working Group was subsequently published
in the Resolver.
Members of the Toronto Chapter of NAB played a key role in
creating a new organisation - the Toronto Commercial
Arbitration Society (TCAS). TCAS, which will not administer
arbitrations, will work to develop alliances with other arbitral
organisations and centers of learning; sponsor international
conferences; advocate for supportive legislation and provide
a forum for the exchange of ideas on all aspects of arbitration.
n
CIArb Annual Report 2010: International Branch Reports
Page 27

Annual Report 2010
Singapore Branch
Chairman: Christopher Lau SC FCIArb
Thailand Branch
Chairman: Jayavadh Bunnag FCIArb
The principal Singapore Branch officers for 2010 were:
Christopher Lau SC FCIArb (Chairman), Mee Moh FCIArb
(Honorary Secretary), Khirn Yeo FCIArb (Honorary Treasurer)
and Richard Tan FCIArb (Public Relations Officer).
The CIArb Singapore Branch was incorporated as a Company
Limited by Guarantee in January 2010 and ceased operations
as a registered society. We celebrated our formation in January
with a highly successful mock arbitration and mediation with
an internationally stellar cast of arbitrators and mediators. In
September, the branch appointed Intellitrain Private Limited
as Secretariat for the Singapore Branch.
We held 3 management committee meetings in 2010, in
February, August and November. It ran the CIArb Pathway
Module 4 in February and two Peer Interviews for Fellowship
in September and December. The branch has submitted nine
senior lawyers and arbitrators to the Executive for registration
as Approved Faculty in December 2010 and is awaiting the
outcome.
In May, the branch heard a talk by Michael Lee on ‘An Indepth
Review of the AAA/ICDR Arbitration Rules and
Procedure.’
In October, in a first for the region, the Singapore Branch
together with the Australian and Malaysian Branches and
with the support of the Kuala Lumpur Regional Centre for
Arbitration (KLRCA) conducted a very successful one-week
residential International Diploma course in Penang.
The principal Thailand Branch officers for 2010 were:
Jayavadh Bunnag FCIArb (Chairman), Michael Winckless
(Deputy Chairman), Tiziana Sucharitkul (Honorary Secretary),
Robert Boulter ACIArb (Honorary Treasurer) and Pratim
Ghose FCIArb (Public Relations Officer).
The Thailand Branch held its AGM in December 2010 in
which the entire committee was re-elected. Jayavadh
Bunnag retired as Chairman and Thavisak na Takuathung
MCIArb was elected in his place. Michael Winckless was reelected
as Deputy Chairman.
The branch held a number of events during the year including:
u a successful Introduction to Arbitration course in January,
attended by 53 participants and 7 students and
attracting very positive feedback;
u a members’ evening presentation by Colin Wall FCIArb,
former CIArb President
u a separate members’ evening presentation held jointly
with the Society of Professional Engineers in Thailand
(SPET), also with Colin Wall as the guest speaker and
u a joint members’ evening presentation with ICC Thailand,
by Gordon Smith FCIArb from Singapore.
n
We have developed a calendar of events for 2011 and very
much look forward to the year ahead.
n
Page 28
CIArb Annual Report 2010: International Branch Reports

Annual Report 2010
United Arab Emirates Branch
Chairman: Essam Al Tamimi FCIArb
The principal United Arab Emirates Branch officers for 2010
were: Essam Al Tamimi FCIArb (Chairman), Michael Tonkin
FCIArb (Vice Chairman), Philip Punwar FCIArb (Vice
Chairman), Gordon Tregaskis FCIArb (Honorary Secretary)
and William Kennedy FCIArb (Honorary Treasurer).
The branch’s main activities in 2010 have been training
related. During the year, we provided two entry courses to
an audience of around 130, modules 1 & 2 to 20 students,
modules 3 & 4 to 18 students, two Accelerated Member
Programmes (AMPs) for 5 students, two Accelerated Fellow
Programmes (AFPs) for 6 students, Peer Interviews for 26
people and two interviews for Chartered Arbitrator. The
branch also commenced another session of Modules 1 & 2
in October with 22 students. Branch membership is now
around 450.
The branch is committed to supporting the region and in
May this year organised and held an entry course in Qatar
for around 35 delegates. Modules 1 & 2 started in October;
there are five students in Qatar on the course to whom the
branch provides face to face tutorials and examinations in
the country.
For Members and Fellows, we held quarterly workshops on
various aspects of international arbitration including
‘Regional Seats and Arbitral Institutions’, ‘Jurisdiction’ and
‘Public Policy and Enforcement of Arbitration Awards’.
These were attended by around 40 attendees. Each
workshop was followed by a social gathering.
We held several social events including a drinks evening to
welcome our Director General, Michael Forbes Smith, who
visited the branch at the start of the year, an Iftar during the
Holy month of Ramadan, and in September a lunch attended
by the committee members when the President Joe Behan
visited the branch.
The branch has set up its own website which is now
populated with details of all the events and training.
We have also been active in spreading the name of CIArb by
speaking at various trade conferences in Dubai and has also
been present in some of the various formal discussions on
the new UAE arbitration law which is expected to be made
law soon.
Of significant importance to the branch was the establishment
of a Young Members Group (YMG). After establishing a
working group, the branch held its inaugural event in the
Dubai International Financial Centre in November which was
attended by some 60 young members. The YMG was
extremely grateful to Justice David Williams QC who took
time from his busy schedule to be the keynote speaker and
gave an informative talk on arbitral matters and then spent
several hours meeting the young members.
As of 2011 the branch has already made arrangements for
further YMG events, will hold events in Abu Dhabi, is
arranging its first Associate entry course in Arabic, has
arranged two ACIArb mediation courses one in Dubai and
one in Qatar, is arranging an event with the Institute’s
President, Doug Jones, to coincide with the IBA conference
in November and also a social event in Qatar to encourage
the establishment of a branch there.
n
CIArb Annual Report 2010: International Branch Reports
Page 29

Annual Report 2010
UNITED KINGDOM BRANCH REPORTS
Channel Islands Branch
Chairman: Stephen Ross-Gower MCIArb
The principal Channel Islands Branch officers for 2010 were:
Stephen Ross-Gower MCIArb (Chairman), Gary Naftel FCIArb
(Vice Chairman), P Le Cheminant (Honorary Treasurer),
Stephen Ross-Gower / Gary Naftel (Acting Secretary) and J
Langlois OBE (Appointments Officer).
The branch currently has 45 members. We have had a quiet
year and there have not been any events or training seminars.
The financial position of the branch is secure with funds in
hand. Branch accounts have been audited in accordance
with Branch Rules.
The branch has difficulty attracting new members to join
CIArb and the committee. The committee are due to arrange
seminars during 2011 with invitations extended to other related
professional groups in the islands in the hope of boosting
the profile of the branch but there is still the problem that the
advantages of membership are perceived as being limited. n
East Anglia Branch
Chairman: Peter Barnes FCIArb
The principal East Anglia Branch officers for 2010 were: Peter
Barnes FCIArb (Chairman), Jonathan Nugent FCIArb (Vice-
Chairman), Jeffery Emberson FCIArb (Honorary Secretary)
and Rob Tate FCIArb (Honorary Treasurer).
Despite a difficult time for the construction industry, the East
Anglia Branch had another successful year in 2010. The
committee was well supported and we have had a varied
and successful programme of events. In 2010 we had six
main events, as well as other evening seminars.
In February we held our traditional Arbitrators, Adjudicators
and Mediators Surgery at Bar Hill in Cambridge. This is an all
day event that is hosted by Tony Bingham FCIArb (a
committee member of the East Anglia Branch). This was, as
always, a highly successful, informative and enjoyable day,
and it was well attended by both members of CIArb and
other professional bodies.
In early April, we held a half-day seminar, an ‘Introduction to
Dispute Resolution’ seminar at Downing College, Cambridge.
The speakers at this event were Tony Bingham, Nicholas
Gould FCIArb and John Riches FCIArb.
The AGM was held in April at the Gonville Hotel in Cambridge.
It was followed by a supper attended by members and
guests. Our VIP guest was Philip Eyre who gave a talk on
‘Justice Jackson’s Litigation Cost Review’.
In June our Annual Summer Seminar was held, as usual, at
the Howard Building at Downing College, Cambridge. The
theme for the day seminar was ‘The Psychology of Disputes’
and we had a collection of great speakers including Peter
Birch, David Miles FCIArb, James Savory MCIArb, Peter
Stewart MCIArb and myself.
The branch Annual Dinner was held in July at St Catharine’s
College Cambridge. The VIP guest was CIArb President Joe
Behan.
In October the branch held a half-day seminar on
Adjudication at Downing College, Cambridge. This seminar
was jointly sponsored and promoted by the CICES. The
speakers at this seminar were Tony Bingham, Kevin Blatch,
John Riches and myself.
All three events above were reported in the Resolver
magazine.
The evening seminars in the year were an ‘Adjudication
Update’ given by John Riches at the Marriott Hotel in
Huntingdon in September and a talk on the NEC Form of
contract presented by Julie Stagg of Fenwick Elliott at the
County Hotel, Chelmsford.
Due to the efforts of the committee, all of the above events
were very well attended, and we have been able to provide
some excellent CPD events for our members. The branch
website was very well maintained and updated throughout
the year, and for the time being the committee has decided
to keep the local branch website operating at
www.anglian-arbitrators.org.uk
n
Page 30
CIArb Annual Report 2010: United Kingdom Branch Reports

Annual Report 2010
East Midlands Branch
Chairman: Bill Fisher FCIArb
The principal East Midlands Branch officers for 2010 were
Bill Fisher FCIArb (Chairman), Jocelyn Taylor FCIArb (Vice-
Chairman), Mike Cross FCIArb (Honorary Secretary) and
Alan Wilson FCIArb (Honorary Treasurer).
The AGM was attended by Michael Forbes Smith who gave
a paper on ‘Institute Strategy: 2010-2014’. He then kindly
took questions from the floor that not only related to the
paper, but also general matters that were of concern to
branch members.
It was decided to continue with the dinner, not merely as a
social event for branch members, but as a means of keeping
CIArb in the forefront of the minds of kindred institutions.
Niall Lawless FCIArb attended on behalf of Bloomsbury
Square and gave a short talk, not on matters affecting the
Institute, but on the differing philosophical outlook between
the people of China to those of the West. We continued with
the departure from the usual theme of such dinners by having
a main speaker giving a historical overview of several well
known musicians and song writers, such as Cole Porter and
Irvin Berlin, including playing some of their work. It was a
tongue in cheek decision to put on this format, but to some
relief, it was a huge success.
Returning to more mundane matters, we held our annual
Arbitrators Workshop & Legal Update, presented by Derek
Simmonds FCIArb and Peter Collie FCIArb. The event was
reasonably well attended and the presentations were to the
usual high standard of these two professionals.
A Construction Law Conference was held jointly with the
Society of Construction Law. Speakers at the well attended
conference were HH Judge David Grant, John Riches, Rudi
Kline and Sam Townsend. Two of our own committee, Robert
Ridgwell FCIArb and Jeffrey Rosenthal FCIArb, presented a
seminar ‘Insight into Meditation’, which was also well
attended. A training session was held at the end of two of
the committee meetings.
Overall there has been some improvement in the number of
attendees to branch events and it is hoped that this will
encourage more of the membership to get involved at
committee level.
n
London Branch
Chairman: Hew Dundas FCIArb
The principal London Branch officers for 2010 were: Stephen
Bickford Smith FCIArb and Hew Dundas FCIArb (Chairman),
Andrew Kasriel FCIArb (Vice Chairman), Irvinder Baksi FCIArb
(Honorary Secretary), Bruce Leahy (Honorary Treasurer) and
Paul Rose FCIArb (Public Relations Officer).
The London Branch had yet another very successful year in
2010 with an impressive array of seminars topped off by a
successful Annual Dinner at which Sir Rupert Jackson
delivered a brilliantly witty address, expected to be published
in the Journal 77/2. The combined total registered attendance
at all London Branch events was more than 1,000.
After two very successful years as chairman, Stephen
Bickford Smith FCIArb stood down and Hew Dundas FCIArb
assumed office with Andrew Kasriel FCIArb (who represented
the branch at Congress in Heidelberg) as Senior Vice
Chairman. Matthew Marsh FCIArb, a solicitor, and Margaret
Bickford Smith QC MCIArb joined the committee.
Among the highlights of the year were Lord Clarke of Stonecum-Ebony
addressing us at our regular sell-out joint
seminar with the LMAA, this year timed to coincide with the
LMAA’s 50th Anniversary, and Lord Hoffmann addressing us
twice, first at a seminar ‘Contractual Interpretation - Plus Ça
Change…’ capably organised by Melanie Willems FCIArb,
and then at our Annual Keynote Address where his topic
was ‘Equitable Remedies in Arbitration’.
In March, a very interesting seminar, ‘Arbitration in Africa’,
was held, organised by David Greene FCIArb and Dr Emilia
Onyema FCIArb, chaired by Dame Linda Dobbs whose family
originated in Sierra Leone. In September, the branch’s 6th
Annual Joint Seminar with the LCIA was on ‘Arbitration in
India’ with three of the four speakers travelling from India and
chaired by Irvinder Bakshi FCIArb, Branch Honorary Secretary.
Another seminar in a wholly new area was ‘Mediation at
Work: Dispute Resolution, Employment Law & Practice’,
imaginatively conceived and efficiently arranged by Jackie
Elliman FCIArb.
As a follow-up to the 2009 joint event in London with the
Franco British Law Society, Stephen Bickford-Smith
represented England and Hew Dundas Scotland in a fiveway
debate in Paris on the relative merits of arbitrating in five
European seats. Our 6th Annual Mediation Seminar was
another great success, capably organised by Margaret
Bickford Smith QC.
CIArb Annual Report 2010: United Kingdom Branch Reports
Page 31

Annual Report 2010
In late September, we heard all about ‘E-Tricks, E-Traps and
E-Disputes: using IT for Arbitrations and using Arbitration for
IT disputes’ which was an eye-opener.
The branch is fortunate both in persuading high-level people
to speak at our seminars and in being able to find law firms
to host them. As a “thank you” gesture to speakers and
hosts, an excellent Speakers’ Dinner was held in March,
very well arranged by Honorary Secretary Irvinder Bakshi.
All in all, 2010 was a busy and varied year, generally to sellout
audiences, demonstrating yet again the exceptional
degree of commitment by the branch committee. Bruce
Leahy FCIArb provides rocklike support as Honorary
Treasurer, ditto Irvinder Bakshi as Honorary Secretary; Paul
Rose FCIArb is an energetic PRO and Jackie Elliman looks
after our excellent website. The other committee members
(Grant Jones FCIArb and Ike Ehiribe FCIArb in addition to
those named above) provided valuable support. The
committee was ably and efficiently assisted by Elinor
Pritchard, branch administrator, without whose dedication
and energy we would be unable to achieve what we do as
effectively as we do.
As Chairman, I must add a personal thank you to Past
Chairman David Ashton FCIArb for his continuing wise
counsel.
n
North West Branch
Chairman: Ian Williams FCIArb
The principal North West Branch officers for 2010 were: Ian
Williams FCIArb (Chairman), Keith Miller FCIArb (Vice Chairman),
Michael Conway FCIArb (Honorary Secretary) and Michael
Evans FCIArb (Honorary Treasurer).
The North West Branch has enjoyed a busy year and
continues to work hard for its members. Events in 2010
included a presentation by Paul Jensen FCIArb on ‘How to
Succeed with Claims for Overheads and Profit’ and a
presentation by Kevin Barrett FCIArb on ‘Defects and the
Final Account’. The Annual North West Branch ‘Arbitrators
and Adjudicators Surgery’ was well attended and the
committee extends its thanks to Kevin Hayes FCIArb for acting
as Surgery Director. In addition a ‘Mediation Surgery’ was
run this year, in association with the Association of Northern
Mediators, directed by Quentin Smith and Mark Mattison
FCIArb. This event looks likely to be a regular feature in the
North West calendar.
Michael Pye FCIArb has worked tirelessly as the Branch
Intersociety Liaison Officer in providing an Events Calendar
involving the Northern Commercial Bar Association, Salford
University, CIOB, RICS, RIBA and ICE.
Michael and the Branch Education Sub Committee, under
the guidance of Simon McKenny FCIArb, are to be
congratulated on an excellent ‘Mock Trial’ that was organised
in conjunction with the CIOB and which took place in the
Old County Courtroom in Bolton with Deputy Judge Bootland
conducting proceedings. The basis of this mock litigation is
to be the subject of a ‘Mock Mediation’ in 2011 followed by
a future ‘Mock Adjudication’ and ‘Mock Arbitration’.
The branch produced a summer newsletter, with thanks to
John Price FCIArb for his editorial work and also to Ken
Salmon MCIArb, Daniel Brawn FCIArb and Mark Mattison
for their articles and contributions.
Three dinners were organised during the year and the
committee conveys its thanks to the Dinner Chairman, Peter
Dale FCIArb. As well as a dinner following the AGM in
March, the North West Annual Dinner in November was a
great success with Tony Bingham FCIArb attending as guest.
The annual Joint Dinner with the North East Branch at
Huddersfield was equally successful, in May, with Mark
Entwistle FCIArb giving us his thoughts on ‘The Change for
Adjudication under the New Act’.
Thanks are extended to Keith Miller FCIArb in his role as
Page 32
CIArb Annual Report 2010: United Kingdom Branch Reports

Annual Report 2010
Vice Chairman and for his work in developing the new
branch website.
Ian Williams has worked very hard in his first year as
Chairman attending both the Branch Chairman’s Meeting in
April in London as well as Congress in Heidelberg, in
October. Ian has been active in promoting the North West
Branch with initiatives both to increase membership and
encourage existing members to become involved in branch
activities. In the summer newsletter Ian announced a ‘Taster
Initiative’ whereby members were invited and encouraged to
sit in on branch committee meetings and ‘be a part of it’.
The branch currently has 407 members; 19 new members
joined in 2010.
My work commitments outside the North West force me to
stand down as secretary at the 2011 AGM. I take this
opportunity to wish the branch a successful and rewarding
year ahead.
n
Scottish Branch
Chairman: Brandon Nolan MCIArb
The principal Scottish Branch officers for 2010 were:
Brandon Nolan MCIArb (Chairman), John Hunter MCIArb
(Vice Chairman) and Richard Farndale MCIArb (Honorary
Secretary and Treasurer).
2010 was a seminal year in the development of arbitration
law in Scotland with the entry into force of the Arbitration
(Scotland) Act 2010 on 7 June. The Scottish Branch was
heavily involved during the Bill stage of the Act and we
continue to play a leading role in Scotland in the promotion
of arbitration through its series of events and educational
programme which is commented on further below.
The branch was represented at a meeting at the Scottish
Parliament in September with the Scottish Government
Minister for Community Safety at which a discussion took
place to explore the establishment of a Scottish Arbitration
Centre. This initiative was developed further by the Scottish
Government and a number of Arbitral Appointment Referee
bodies, including the branch, during the course of 2010 with
agreement being reached in principle to establish such a
centre during the first half of 2011. The centre will promote
both domestic and international arbitration. This is an extremely
exciting initiative and we are fully committed to playing a full
role in the Scottish Arbitration Centre going forward.
We have continued with its annual programme of events
which have been well attended with average meeting sizes
of 35 plus members and interested parties. The 2010 series
of branch events included:
u January – the Arbitration (Scotland) Act 2010;
u February – the use of ADR in Professional Negligence
Claims;
u April – Prestige Lecture: Stephen Furst QC “Time's Up”:
a consideration of practical and legal problems of
extension of time clauses;
u June – conference on the new Arbitration Act co-hosted
with the Law Society of Scotland, the Faculty of
Advocates, the University of Edinburgh and the
Edinburgh Centre for Commercial Law (attracted in
excess of 100 delegates);
u September – joint event with ICAS;
u October – interface of the new Arbitration Act and the
Courts – joint event with the Faculty of Advocates' ADR
group; and
u November – damages for breach of contract.
A parallel series of well attended events organised by our
Northern Chapter also took place during the course of the
year.
The branch has continued to forge relationships with other
organisations through the work of our Development Officer
and a more collaborative approach in relation to events can
be seen from the range of organisations with which we have
co-hosted events over the last year.
On the education front, we have continued to maintain a
high level of activity with a variety of educational courses
including our CPD days for the Chairman's Panel of
Arbitrators and Adjudicators.
The branch newsletter which is circulated by email four
times a year, remains one of our main techniques for
communication alongside our new website
W: www.ciarb.org/scotland which was launched in late
2010.
Beyond the foregoing events, we held our Annual Dinner in
Edinburgh in March with approximately 130 people in
attendance. The distinguished top table included Lord
Pentland from the Scottish Supreme Court, John Campbell
QC FCIArb, past President of CIArb, Robert Howie QC from
the Scottish Bar and Graeme Hartley, Director of RICS Scotland.
In conclusion, we have had a very busy year which will see a
number of exciting new initiatives such as the Scottish Arbitration
Centre being taken forward during the course of 2011. n
CIArb Annual Report 2010: United Kingdom Branch Reports
Page 33

Annual Report 2010
Southern Branch
Chairman: David Richards FCIArb
The principal Southern Branch officers for 2010 were: David
Richards FCIArb (Chairman), Charissa Shears ACIArb (Honorary
Secretary) and Mark Atherton FCIArb (Honorary Treasurer).
Membership remained fairly static. Attendance at branch
meetings averaged 15 excluding speakers, notwithstanding
the efforts of the committee to provide an impressive list of
speakers within the dispute resolution field.
The 18th Annual Branch Arbitration Surgery was yet again a
great success with some 21 delegates from a wide variety of
professions. This well established event has now become a
firm favourite in many practising arbitrators’ diaries, the vast
majority outside the Southern Branch. It was once again well
supported under the tutelage of Cliff Wakefield.
The 2nd Branch Mediation Surgery was also a great
success with some 15 delegates. This event could become
a well established event on the basis of this year’s surgery.
The surgery was well supported under the careful tutelage of
Andrew Parsons FCIArb, barrister. Andrew was kept on his
toes by allegations of blackmail, adultery and drug dealing in
the workshop scenario. Most delegates were in agreement
that it was one of the best surgeries they had attended.
Four branch meetings were held during the year together
with the surgeries. In February, Allan Dyer gave an
interesting and informative explanation of the duties and
responsibilities of Expert Witnesses in civil cases in a
meeting entitled ‘What Arbitrators and Adjudicators look for
or expect from Experts’.
The annual Branch Adjudication Surgery was cancelled due
to a lack of interest from delegates. However, some very late
requests to attend did come in after the decision to cancel
had been made, so there is still a demand for this surgery.
In March, CIArb President Joe Behan gave us an interesting
and informative talk on mediation. In April, Cliff Wakefield
FCIArb gave a talk on ‘Deciding by Sampling’, drawing the
audience’s attention to the distinction between using spot
checks to verify credibility of some evidence and using spot
checks to prove or disprove a claim in full.
In October Simon Hughes gave us an enlightening account
of the role of counsel in tribunals in ‘Interaction between
Counsel and the Tribunal in the conduct of arbitrations and
adjudications’.
Our thanks must go to Charissa Shears, Cliff Wakefield and
Mark Atherton whose efforts during 2010 resulted in the
successful programme delivered. I would also like to thank
Charissa, Andrew and Cliff for organising the surgeries. n
South East Branch
Chairman: Charles Brown FCIArb
The principal South East Branch officers for 2010 were:
Charles Brown FCIArb (Chairman), Mary Howard FCIArb
(Honorary Secretary), Dr Derek Ross FCIArb (Honorary
Treasurer) and Ian Wilson MCIArb (Public Relations Officer).
The new branch committee chaired by Charles Brown (from
April 2010) initially spent time researching what the branch
members want from the branch. This included questions as
to the most appropriate venue for branch meetings and
whether members wanted more social events or more or less
traditional guest speaker events.
The new committee met before and after the summer holidays
and the branch programme for 2010/11 got underway in
October.
As a result of the research the following initiatives have
started:
u branch website: this is being updated and a part-time
website administrator has been appointed;
u the website administrator will also provide general
administrative functions to improve the level and content
of communications with members;
u the hard copy publication the branch has produced for
many years, News and Views, but which had not been
published for a year prior to the committee taking office,
is to be restored as part of the improved branch website.
The saving on printing is being used to pay for the
website administrator.
u The branch will run an Introductory Course as part of a
recruitment drive in the autumn of 2011. The main targets
will be academic institutions within the branch area where
alternative forms of dispute resolution are of importance
(construction, IT sectors etc);
u The branch events and meetings included a joint meeting
with the CIOB and a talk on the changing role of the
Technology and Construction Court (TCC) by the Judge
in charge of the TCC, Judge Robert Akenhead.
The South East Branch Committee is committed to providing
Page 34
CIArb Annual Report 2010: United Kingdom Branch Reports

Annual Report 2010
services and a programme which reflects the requirements
of the branch members. Our aim is to arrest the decline in
branch membership and report an increase in membership
for the branch AGM in 2012.
n
Thames Valley Branch
Chairman: Robert Sliwinski FCIArb
The principal branch members for 2010 were: Robert
Sliwinski FCIArb (Chairman), David Wilson FCIArb (Honorary
Secretary), Kevin McKee FCIArb (Honorary Treasurer) and
Roland Fuggle FCIArb (Public Relations Officer).
During the year we held six branch events, four at the Bull in
Bisham and two at the offices of SNR Denton LLP in Milton
Keynes.
The first meeting in March was also our AGM, which was
quorate unlike the previous year. Matters proceeded
smoothly with the evening being concluded with a talk by
HH Humphrey Lloyd QC FCIArb dealing with arbitrators and
arbitration as seen from the bench with well aimed points on
good and bad practice.
Our next meeting in May was held in Milton Keynes with a
provocative talk by Brian Egglestone FCIArb dealing with the
NEC 3 contract and its particular difficulties in use on the
ground. As an engineer and author who has written a guide
for the NEC 3, it was particularly illuminating for me as to
why the contract did not work as well as its supporters
would have us believe. Fundamentally the advice was to
ensure that all administration and personnel were set up
before the contract had started and make sure that the strict
procedure as set down in the contract was followed to avoid
the difficulties in trying to remedy matters at a later stage.
Between the regular meetings, we asked for nominations for
the Thames Valley candidate for CIArb President. Only one
person was nominated, Niall Lawless FCIArb, who went on
to be our official nominee.
Our June meeting was held in Bisham with a riveting talk
given by myself entitled ‘The Workshop Manual on
Adjudication’. This talk focused on the practical issues in
adjudication rather than the law, setting out the best way in
which the referring party should prepare himself, the
response and how to act in a meeting.
attendance for the October meeting. Bisham was again the
location with a highly entertaining talk given by Kay Linnell
FCIArb who dealt with forensic accounting and the ways in
which experts should be used in arbitration and how they
could be tripped up.
Then in November the branch was back in Milton Keynes for
a terrific talk by Rudi Klein. He not only got under the skin of
the proposed changes to the payment and adjudication
provisions for the construction industry slowly going through
parliament, but also the deeper change that was required to
allow the industry to move forward without constantly
penalising the sub-contractors who actually carry out the
majority of the work. This was particularly relevant in the
tough economic climate in which we currently find ourselves.
The festive break over Christmas brought snow but this did
not cause any difficulties, unless of course you were trying
to fly out of Heathrow. This eased up in January allowing our
last meeting of the year in February 2011 to go ahead as
planned. In a follow up talk to my own back in June, Matt
Bastone plunged us into the nefarious world of being a
respondent and the ways in which an adjudication can be
turned to his / her advantage and cause headaches to the
referring party. Matt also emphasised the need to respond to
the case and use the somewhat limited time available to put
a clear and strong case across to the adjudicator.
Throughout the year, the committee has put a large amount
of effort into keeping the branch up to date and in providing
interesting events which we hope to continue, with talks
from leading professionals in ADR over the coming months.
At Bloomsbury Square, the Executive has been working
hard to deal with the members’ concerns and this was
followed through to Congress which I attended on behalf of
the branch. The biggest concerns were in relation to the
current level of fees paid by British members in comparison
with the rest of the world and the governance of the Institute
highlighted by the call for an EGM.
Finally I sincerely thank my fellow committee members for
their support during my first year as branch chairman. My
tenure continues during the next year which I hope will
continue the success of past years.
n
After the summer break we reconvened with a good
CIArb Annual Report 2010: United Kingdom Branch Reports
Page 35

Annual Report 2010
West Midlands Branch
Chairman: Robert Harrison FCIArb
The principal West Midlands Branch officers for 2010 were:
Robert Harrison FCIArb (Chairman), Madelaine Hanlon
FCIArb (Honorary Secretary), David Simons FCIArb (Honorary
Treasurer) and Peter Collie FCIArb (Public Relations Officer).
The focus for the branch this year has once again been the
programme of education and training events. The policy of
inviting local chambers and firms to host events and the
mixture of local and external speakers has worked well, though
attendance has varied. We have also continued with the policy
of holding some joint meetings with the Adjudication Society.
The subjects have been varied, covering arbitration,
adjudication and general legal issues with topics ranging
from the role of expert witness in litigation, arbitration and
adjudication, costs and a contract law update. An
Adjudication Workshop has also been held. Once again the
Arbitrator’s Surgery, which up to two years ago had been a
very popular event, had to be cancelled due to lack of interest.
A further disappointment was the lack of interest in the
branch conference which was to be held in April on the
subject of the role of the expert witness in dispute resolution.
Our branch conference, which has been held regularly over
the last twenty years, usually attracting around 100 delegates,
had to be cancelled this year as we only had ten applications,
incurring some cancellation costs.
We have continued our links with Wolverhampton University
where talks have been given to undergraduates.
The branch young members group, set up in 2009, is
continuing its efforts to attract young members but once
again it has been a struggle to attract members to the events
organised. The first event, a quiz and social evening, had to be
cancelled due to low numbers but a further event was held
for those members who had expressed an interest in the first
event and from this it is hoped to develop the group further.
There has been a problem for some time now in attracting
new members to the committee and this has been
exacerbated during the year due to the resignation of three
members of the committee. The committee has launched an
initiative to attract nominations for the session commencing
April 2012. This appears to have been successful with several
requests for nomination forms.
n
Western Counties Branch
Chairman: Michael Twine FCIArb
The principal Western Counties Branch officers for 2010
were: Mike Twine FCIArb (Chairman), Jonathan Wyatt FCIArb
(Vice Chairman), Morwenna Crichton MCIArb (Honorary
Secretary), Robin Gupta MCIArb (Honorary Treasurer) and
Peter Buechel FCIArb (Public Relations Officer).
The focus for the Western Counties Branch this year has
been its programme of education and training events.
Introduction courses were held in mediation, arbitration and
adjudication on 19 June, 18 September and 13 November
respectively. All courses were well attended and I would like
to thank the branch members who acted as course directors.
Our first meeting of the year was held in January in Taunton
where the President Joe Behan presented a paper on
mediation. We were fortunate in having our branch patron,
Sir Mark Havelock-Allan QC FCIArb as our speaker at the
AGM in April, when he delivered a paper on the subject of
‘Privacy and Confidentiality in ADR’.
I attended the Branch Chairman’s meeting at Bloomsbury
Square in April. In June, we held our informal summer
meeting when members and their guests visited Mount
Edgcumbe House and Country Park in Cornwall, departing
by ferry from the Mayflower Steps in Plymouth. Thanks to
Jonathan Wyatt for his organisation of this event.
In September we held a meeting in Bristol, where Her
Honour Justice Frances Kirby gave a presentation entitled
‘How important is the law in mediation?’. A mock mediation
was held in Taunton in November. Jonathan Wyatt represented
the branch at Congress in Heidelberg on 19 - 20 October.
I should like to thank the branch committee for their support
during the year, particularly as I have not been able to give
as much time to branch matters as I would have liked.
Morwenna Crichton will be standing down as Honorary
Secretary and I would like to thank her for all her hard work.
Steve Wilkinson MCIArb will be taking over as Honorary
Secretary. I would also like to thank Peter Buechel for
keeping our own branch website up to date.
On behalf of the committee, I would also like to thank David
Simper FCIArb, a trustee, who has been very supportive of
the branch, in particular representing our interests and
concerns to Bloomsbury Square.
n
Page 36
CIArb Annual Report 2010: United Kingdom Branch Reports

Annual Report 2010
Page 29

Annual Report 2010
CIArb
12 Bloomsbury Square, London, WC1A 2LP, United Kingdom
Registered Charity Number: 803725
T + 44 (0)20 7421 7444 E info@ciarb.org W www.ciarb.org
Page XX