Annual Report 2009 - Chartered Institute of Arbitrators

Annual Report 2009Annual Report 2009www.ciarb.orgPage XX

Annual Report 2009CONTENTSPageReport from the President ...................................................................................................................... 02Reports from the Boards, Committees and ExecutiveBoard of Trustees ............................................................................................................ 04Board of Management .................................................................................................... 06Education and Membership Committee .......................................................................... 07Practice and Standards Committee ................................................................................ 08Assessment and Examinations Board .............................................................................. 09Professional Conduct Committee .................................................................................... 09Panels Management Group ............................................................................................ 10Editorial Board ................................................................................................................ 11Executive ........................................................................................................................ 12Minutes of the Ninety Fourth Annual General Meeting 2008.................................................................... 15International Branch ReportsAustralia .......................................................................................................................... 16Bermuda.......................................................................................................................... 18East Asia.......................................................................................................................... 19European ........................................................................................................................ 19India ................................................................................................................................ 19Kenya .............................................................................................................................. 20Lebanon .......................................................................................................................... 20Malaysia ……… .............................................................................................................. 21North America.................................................................................................................. 21United Arab Emirates ...................................................................................................... 22United Kingdom Branch ReportsChannel Islands .............................................................................................................. 23East Anglia ...................................................................................................................... 23East Midlands .................................................................................................................. 23London ............................................................................................................................ 24North East ...................................................................................................................... 24North West ...................................................................................................................... 25Scotland .......................................................................................................................... 25Southern.......................................................................................................................... 26Thames Valley.................................................................................................................. 27Wales .............................................................................................................................. 27West Midlands ................................................................................................................ 28Western Counties ............................................................................................................ 28CIArb Annual Report 2009: ContentsPage 01

Annual Report 2009PRESIDENT’S REPORTJohn Campbell QCAny essay about the value of ambassadorial work mightread like a travel diary. I can only try to compress myimpressions of a year’s activity into a page. It has been atremendous honour for me to lead the world’s largestprofessional institute for dispute resolvers. A mere list of themany places I have had the privilege to visit would do nojustice at all to the energy and commitment of all CIArb’sdedicated people in London and its 35 branches, nor to theenormous range of vision and skills which I haveencountered.I should like to thank my wife Kate especially for putting upwith so much disruption to our normal lives, and of coursealso to our Executive and our elected branch leaders andmembers for their uniform courtesy, dignity and untiringhelpfulness. It is a pleasure not to have to be in an aeroplaneevery second week!I have tried to lead in a visible way from the front. Not havingmanagerial responsibilities has not always been easy, sincethe speed of an institution’s response cannot possibly matchthat which an impatient one-year President may desire! But Ihope I have planted some seeds, and that the Trustees inparticular will see the value in strategic long term globalthinking, leaving management to the managers.The privilege, for me, lies in being able to meet our growingand inspirational membership, in receiving and generatingideas, proposals and tactics, and in watching them laterturned into firm plans, new adventures and solid resourcesfor the benefit of the entire membership in many countries.The value of having an elected President is quite rightlyquestioned from time to time, but those efforts and contactsare what leadership is really about, and why I believe it isworthwhile having a visible President.Dispute resolution requirements and aspirations all acrossthe world are growing all the time, and the need for ourtraining and education with it. In Scotland, we have justpassed our own Arbitration Act, the first for more than 300years. I am very proud that that work was all but completedduring my year as President. The very fact of the recessionhas generated a renewed interest in what we do in verymany places, just because we do it so well. Western andEastern Europe is seeing growth too, but at a quite differentrate. We have hardly touched South America, though workhas begun. All the messages are positive, but we have somuch to do. Frankly, there is work for three or fourPresidents, if we had them.It seems that part of many countries’ rethinking of their ADRmechanisms – there are so many examples, but I don’t havethe space here - has been to take amuch closer look at their individualdispute resolution legislation andinstitutions. From the formality and significance of giantinternational commercial arbitrations, to the carefulprocessing of tiny consumer disputes, we – the CharteredInstitute of Arbitrators, all 94 years of it - are the home for itall. And we should be very proud of that. But there is agrowing and worrying tendency towards over formalisationin the largest cases, fuelled, it has to be said, by the naturalinclinations of lawyers and the tendency of our transatlanticcousins to want to “discover” everything down to the tiniestemail or receipt. We have to watch out that we are notsimply recreating litigious processes in another form.I am so enthusiastic about our teaching. Collectively, wehave better skills than any other body in the world to passon our knowledge. Thanks to our Practice and StandardsCommittee’s hard work, and the efforts of so many individualmembers, we now publish over 30 Guidelines and sets ofRules for the conduct of dispute resolution work. Oursubsidiary, IDRS Ltd, independently manages more than120 business to business or business to consumerschemes, and more are being added all the time. With thehelp of our Education and Training staff and committee,more and more excellent and better regulated coursework iscoming forward, and most of our branches are feeling theirway with their own higher and higher level teachingambitions. It has been an extraordinary privilege to play evena small part in that work. In the end of the day, it is thoseskills that we leave behind us.Delegation of quality assurance and teaching and exams tobranches in the UK and overseas is paying off and is its ownreward. The quality of our workbooks and tutorials is echoedand copied around the world, and when we meetpractitioners anywhere, the talk is of CIArb’s high standardsand shining excellence. From China’s and Nigeria’s judges tolocal authority mediators in London’s outer burghs, they allcome to talk to us. We are doing something right, but it isup to all of you to spread this message, and whereappropriate, to help with the work. Which of us could notvolunteer to edit even a chapter in a workbook?So what happens next? In a decade we have gone from asmallish construction-based “club” of building law andpractice professionals, to an outward-facing, well organisedChartered Institute, which in my humble opinion is only justbeginning to fulfil its potential. We have embracedinternationalism, and we still have half the world to thinkabout, yet we are also flourishing on our home patch. ThePage 02CIArb Annual Report 2009: Report from the President

Annual Report 2009need though is for enthusiasts to set out on the trail and tomake this message even clearer than it seems to those ofus “in the know”.You all need to know that our Executive, led by the DirectorGeneral and a first class team of directors and senior staff atBloomsbury Square is highly motivated to help and guidethese efforts in any way it can, but not to dominate them.Our courses, conferences, seminars and tutorials are pricedas low as we can set them, to try to catch as many as possibleof those who want to take part. And there is plenty ofcompetition, and many imitators, some of them very good.Our education and training to deliver practical professionalismand the skills of experienced people to the highest level ofmembership across the world should be our most importantambition. Besides being a Chartered Institute and a LearnedSociety, we have to spread the message, and it is to thatend that all our efforts, strategic and operational, must bedirected. We have a better team now at the helm than wehave ever had. In an extraordinary year of horrible economicconditions for most of the world, we have made more solidprofit than we have ever done in our entire history, and so,without being complacent, we now sit on a much firmerfinancial basis.I hope very much that the Trustees and all those concernedwith the management and “upskilling” of our branches cansee that their duties now are to think long-term, and tocreate the conditions for growth, especially in thosecountries where the art and science of dispute resolution isless well developed.Dispute resolution skills and practice are evolving acrosscultures and societies, to the point where it may be thoughtthere are no longer any absolutely right answers. Increasingly,there is a wider and wider range of choices for our clientsand customers, whether they are governments, companies,other organisations or individuals. I would like to think that allour members have at the forefront of their learning andpractice a greater awareness and concern for those theymay be appointed to serve. We will fail them and ourselves ifwe do not constantly recalibrate our skills to fit this changingenvironment. The development of our Panel AppointmentCertificate and our increased focus on continuing personaldevelopment is but one facet of this work.It’s been fun, tiring, frustrating, often uphill, but I have gaineda great deal from so many people. I hope I have upheld andadvanced CIArb’s best interests. I understand that there isonly so much that one can ask of volunteers at every level,but the reward of working in an elected post at branch,national, or international level is that the scales of doubt arelifted from one’s eyes, and small but important steps can betaken towards the improvement of international understanding.For those reasons, I have tried in 2009 to make myprivileged travel on your behalf serve the dual purpose ofrepresenting the Institute’s vision and articulating its objectives,as well as leaving some practical experience behind. It hasbeen very rewarding to be able to do that.The Institute is in very good hands, provided those electedto serve its interests remember that they are there for themembers, and not for themselves. Thank you so much forthe honour of allowing me to take a year to try to help insustaining and boosting all your efforts, wherever you are inthe world. I am sure I can count on everyone of our membersto give Joe Behan, my hugely talented successor, all thesupport and encouragement he needs, wherever he goes inthe world.■CIArb Annual Report 2009: Report from the PresidentPage 03

Annual Report 2009Reports from the Boards, Committees and ExecutiveBOARD OF TRUSTEESChairman: Steven A CertilmanI am pleased to report to you a summary of the keyoutcomes of the board’s activities in 2009.First let me reference the review of Institute affairs preparedby our Director General, Michael Forbes Smith. In his reportsin 2009 the Director General noted that, though intended tohave been a year of consolidation, 2009 turned out to be ayear of innovation and significant results, produced by acommitted and professional team to whom is owed a debtof gratitude.Michael noted a number of enhancements in communicationsand information delivery within the Institute. These includethe new branch chairs’ regular update on Institute activitiesthrough the branch newsletter, the newly redesigned website(www.ciarb.org) which went live on 31 March and is beingregularly updated and upgraded with additional facilities formembers and the improved web-based news service. Theseadd to our valuable Resolver, Linex Alerter and NewsWatchservices.Two UK Branch Chair meetings were held at BloomsburySquare in March and September by members of the Boardof Trustees, the latter of which I had the pleasure ofattending. During the first of these meetings, the DirectorGeneral announced the reorganisation of the Executive, withthe handover of the Education and Training team to theResearch and Development Department, freeing up moreresources to focus exclusively on membership services.The training output from the restructured Education andTraining team increased significantly and the number ofcourses being offered worldwide appears to be at a recordhigh. To the satisfaction of all, this led to the achievement ofa long-standing goal, a strong financial return for Educationand Training, as well as a significant increase in newmembership. It is also encouraging that four new brancheswere either inaugurated or authorised in the last year,Caribbean, India, Mauritius and Singapore. Regretfully, I reportalso that the Northumbria Branch decided to close, and itsmembers were transferred to the UK’s North East Branch.Adding to the successes of the Institute in fulfilling thelearned society aspect of its mission, it is with pleasure that Ireport that the second Mediation Symposium and the reestablishedAlexander Lecture were both sell-outs, as wasthe successful Members’ Luncheon held at Butcher’s Hallwith Ms Cherie Booth (Mrs Tony Blair) as speaker.2009 also saw a dramatic improvement in the array ofcollateral benefits available to members of the Institute.Under the umbrella CIArb Advantage and launched on 31March, these benefits add additionaltangible value to the CIArb membership.One benefit, our new Personal Indemnity insurance scheme,makes worldwide professional liability insurance available toour members. Please login to the Member area of thewebsite and visit the Member Benefits pages for moreinformation www.ciarb.org/members.The time has come for the Institute to again select anorganisation to offer its mediation programs. This processhas advanced and by the time this reaches you, the detailsshould be in place. The use of outside professional trainingorganisations for mediation training is a short-term solution.In the not-distant future, we anticipate that the trustees’ statedobjective of delivering mediation using the same memberfacultysystem used for arbitration and adjudication will bemet. The Panel Appointment Certificate Scheme reached fullimplementation this past year, and the development of peerreview panels in the different regions is nearing completion.By relocating the personnel of our dispute resolution service(IDRS Ltd) to separate facilities, a large number of prestigequality meeting rooms have become available for alternativeuse in our Bloomsbury Square offices. These are being madeavailable for hire and I am pleased to report that the greatdemand for these rooms has been a factor in creating one ofthe most successful operating years for the Institute in memory.At the May meeting of the Board of Trustees, the principalbusiness of the trustees was a final review and approval ofthe draft Institute Strategy 2010-14. The draft presented tothe meeting received provisional approval and thereafter, on11 September, it was formally approved for publication. It isavailable on the website and I commend it to you. The Maymeeting is also the time when we establish Key PerformanceIndicators by which the Executive is measured. These reflectgoals for the implementation of the Institute’s strategy andother operational aspirations identified by the trustees.In November, the most significant piece of business beforethe board was to consider a detailed paper on membership,branches and funding prepared by the Executive. A subcommitteeconsisting of trustees Malcolm Holmes, DavidSimper and Nayla Comair-Obeid was created to look at thesubscription fees and funding aspects of this paper and toreport back to the next trustees meeting in 2010, when othermatters dealing with the relationship between branches, thegovernance structure and the Executive are to be discussed.I will have more to report on that later this year.Also at the November meeting we reviewed the performancePage 04CIArb Annual Report 2009: Reports from the Boards, Committees and Executive – Board of Trustees

Annual Report 2009BOARD OF MANAGEMENTChairman: Peter J Rees QCThe Institute continued in good health throughout 2009despite the problems suffered by many in that period offinancial difficulties and, at the end of my second (and whathas turned to be the last) year as Chair of the Board ofManagement, I am pleased to be able to report thatmembership remains strong and the financial situation of theInstitute remains very solid.The team of Directors at Bloomsbury Square all performedextremely well during the year and are to be congratulated.Malcom McMullan was responsible for overseeing theactivities of the Finance and Administration Department forthe final full year before his retirement and, as always, did anexcellent job. He carefully managed the Institute’s finances inan incredibly difficult economic climate as well as theprogression of the lease negotiations in respect of 14Bloomsbury Square which resulted in a very satisfactoryoutcome.Tony Marks, the Director of Legal Services, had an incrediblybusy year involving a good deal of valuable constitutionalwork and research as well as the detailed work on branchmatters including the requisite constitutional arrangementsfor the Mauritius Branch.The Director of Research and Development, Aaron Hudson-Tyreman, oversaw a steady increase in quality of teachingand training modules, the organisation of successfulmediation symposia and the advantageous commercialarrangements for the archiving of the Journal by Westlaw.His valuable academic contribution to the Institute will bemissed.The Membership and Marketing Department performedextremely well under the able leadership of Nicki Alvey and,as well as a steady hold on the Institute’s membership levelsthis year, was responsible for increased communication tomembers and, in particular to branches and the implementationof the new website (which in 2008 was in a desperate positionand which is now up and running very successfully).During 2009 the Board of Management was involved in allthe usual matters required for the day to day running of theInstitute and, in particular overseeing of the activities of thevarious boards and committees which report to the Board ofManagement, namely:◆ Education and Membership Committee◆ Examinations Board◆ Panels Management Group◆ Practice and Standards CommitteeAll the boards and committees were extremely efficiently andwell run during the year and congratulations are due to thechairs of those boards and committeesnamely, Rowena Mulcahy, Ian Trushell,Neville Tait and Alan Limbury.In my report for 2008 I noted a list of issues that had arisenfrom the Congress that had taken place in Malaysia thatyear, some progress had been made on those issues at thetime of my last report and I am pleased to say that furtherprogress has been made in 2009:◆ A meeting has taken place between the Director Generalof the Institute and the Executive Director of the InternationalBar Association in order to learn more from the IBA abouttheir very successful fundraising activities and furthercooperation with the IBA and other institutions such asthe LCIA and ICC is anticipated.◆ Detailed consideration has been given to the manydifferences and problems that the Institute has in settingsubscription rates and organising collection procedures,the many variations in the constitutional arrangements ofthe various branches and the varying methods by whichthe branches are financed. This resulted in the Trusteesconsidering this strategic issue at their meeting inWashington. I hope we shall see further progress on thisin 2010.◆ Attempts have been made to gather a comprehensivecollection, of the rules and by-laws of branches and chapters,and to conduct a review of the Branch Model Rules.◆ There has been the welcome continuation of the improvedcommunication with branches and, in particular, keepingthem informed of the activities of the Board of Managementand the various boards and committees of the Institute.In addition, 2009 saw the very successful outcome of ournegotiations for a new lease on 14 Bloomsbury Square andthe finalisation of the arrangements to transfer the Institute’sroom hire business to a wholly owned subsidiary to becalled “12 Bloomsbury Square”.Germany was approved as the location for the meetings ofthe Board of Trustees and Congress in 2010 and theScottish and Kenya Branches have been asked to submitdetailed budget costings for Congress in 2012.A sad loss to the Board of Management during 2009 wasthe resignation of David Cornes FCIArb. He was a veryvaluable member of the board and contributed hugely to thequality of debate within the board and the wisdom of thedecisions made.Finally, I would like to express my thanks to Michael ForbesPage 06CIArb Annual Report 2009: Reports from the Boards, Committees and Executive – Board of Management

Annual Report 2009Smith, the Director General of the Institute for all the hard workhe has done in 2009 and for all the success he has achieved.This includes the successful completion and approval of theInstitute Strategy 2010-2015, the Key Performance Indicatorsand the careful handling of his staff in very difficultcircumstances – congratulations are due to him and hedeserves the confidence of all involved with the Institute.On a personal note, I am sorry that I felt obliged to step downafter only two years in the role rather than the three whichhad been anticipated. Fundamental differences between meand the Board of Trustees as to the exercise of their constitutionalfunction and the manner in which they conducted theirbusiness led me to conclude that it was in the best interestsof the Institute that I should step down early. I wish whoeveris appointed in my place every success.■EDUCATION AND MEMBERSHIP COMMITTEEChairman: Rowena MulcahyThe membership of the Education and MembershipCommittee in 2009 comprised: Rowena Mulcahy, Chairman(Ireland); Pauline Makepeace (UK); Michael Joyce (UK); LouiseBarrington (UK); Axel Reeg (Germany); Richard MururuMwonga (Kenya); Rashda Rana (Australia); David BrynmorThomas (UK) who was appointed to the Committee in June2009; Peter Rees QC (Chairman of the Board of Management– ex officio) and John Campbell (President – ex officio).The Committee met twice during the year, in May andOctober and in between physical meetings, it deliberated onmatters by e-mail.During 2009 a tendering process for the provision ofmediation accreditation training was entered into withinterested service providers. A sub-committee under theChairmanship of the Director of Research and Developmentwas established to consider the terms of the tender for theprovision of the Institute’s core mediation training contract. Atender was issued to the current provider and other mediationtraining service providers in September and a final short listof bidders for the contract was prepared by the end of theyear. It is envisaged that a successful bidder will be identifiedand then approved by the Board of Management and that acontract will be entered into with the successful bidderwithout delay.On successful completion of our Mediation AccreditationTraining and Assessment Course an individual is eligible tobecome a Member of the Institute and to be awarded CIArbAccredited Mediator status. Many individuals who undertakethe course are already members of the Institute but othersare not. By describing themselves as CIArb AccreditedMediators, individuals would be considered by the publicand by users of mediation as members of the Institute andthe Committee recommended that a successful participanton the Mediation Accreditation Course must apply for, and beconferred with, membership of the Institute if he or she wishesto be conferred with CIArb Accredited Mediator status.The Committee considered and approved the establishmentof a Family Arbitration Scheme involving the resolution offinancial disputes in family matters and the training of legalpractitioners specialising in family law to act as arbitratorsunder the scheme. The Committee advised on the grade ofmembership to be granted to the successful participants onthe course and considered the training to be given to theparticipants. It was considered that persons appointed asarbitrators under the proposed scheme should be Fellows ofthe Institute and that successful participants on the trainingcourse should be granted Fellowship in line with theCommittee’s previously expressed view that membersappointed as arbitrators under schemes should be Fellowsso as to ensure that their award writing ability had beenobjectively tested by the Institute. The level of training thatwas initially proposed to be delivered to the participants onthe course was not, in the view of the Committee, sufficientfor successful participants to be awarded Fellowship andthe training to be provided to prospective arbitrators underthe scheme was revised in line with suggestions put forwardby the Committee. The training has now been approved bythe Committee.The Committee considered the Institute’s current policy onContinuous Professional Development (“CPD”) and itestablished a working group firstly to consider the Institute’sexisting CPD requirements and secondly to makerecommendations on future CPD requirements.The Committee also approved new Faculty Regulationswhich are to form the basis of the Institute’s agreement withmembers of the Faculty. Members who wish to tutor onCIArb Annual Report 2009: Reports from the Boards, Committees and Executive – Education and Membership CommitteePage 07

Annual Report 2009training courses delivered by their branch may apply to theEducation and Training Team for inclusion on the Institute’sApproved Faculty List. The Faculty Regulations provide forthe establishment of a panel, comprising the Director ofResearch and Development, a member of the Educationand Membership Committee and a member of the ExamBoard, which is to review the applications for inclusion onthe Approved Faculty List. Applications for inclusion on theApproved Faculty List that were received during the yearhave been reviewed in accordance with the procedure laiddown in the Faculty Regulations and additional membershave been included on the Approved List. A copy of theFaculty Regulations and a copy of the Approved Faculty Listare available on the Institute’s website.■PRACTICE AND STANDARDS COMMITTEEChairman: Alan LimburyIn January 2009, the incoming President, John CampbellQC, succeeded Teresa Cheng as a member, ex officio, ofthe Practice and Standards Committee and its subcommittees.During the year, Christopher Dancaster retiredfrom the committee in light of his elevation to Chair of theWorshipful Company of Arbitrators. The committee recordedits thanks to Christopher for all his contributions and hardwork given to the committee over a long period. David Milesjoined the committee but left soon thereafter, havingaccepted a position in the Territorial Army as an officer in theEngineer and Staff Logistics Corps. Nicholas Gould joinedthe committee and became Chair of the newly establishedAdjudication Sub-Committee.Hence by the end of the year, the committee wasconstituted as follows: Alan Limbury (Australia) (Chairman),Andrew Bartlett (UK), Michael Cover (UK), Nicholas Gould(UK), Giovanni De Berti (Italy), Thomas Halket (USA), Wolfvon Kumberg (UK), Giovanna Kwong (Hong Kong), AdamSamuel (UK), Chong Thaw Sing (Malaysia), John Wright (UK)and John Campbell QC (President) (ex officio).During the year, there were two face to face meetings andtwo telephone conference meetings of the committee.Throughout 2009, technical difficulties prevented use by thecommittee and its sub-committees of secure electronicchatrooms. The Med-Arb Working Group was particularlyaffected since this had been its only method of communication.The learned articles and papers it had gathered and storedelectronically were no longer accessible.During 2009, the committee:◆ amended the Institute’s Code of Professional and EthicalConduct for Members (available in the “MembershipRules and Regulations” section of the Institute’s website);◆ adopted a Model Mediation Agreement prepared by theMediation Sub-Committee (available in the “Model ContractClauses and Agreements” section of the website);◆ approved draft Rules for a UK Family Law ArbitrationScheme, on which the Arbitration Sub-Committee hadcommented;◆ agreed that it is appropriate that the Institute createsDispute Boards and form DRB panels;◆ referred to the Mediation Sub-Committee the questionwhether there should be a distinct mediation evidentiaryprivilege;◆ approved revisions to Guideline 12: “The Proceeds ofCrime Act 2002: guidance for third-party disputeresolvers” (available in the “List of Guidelines andProtocols” section of the website);◆ set a timetable for the revision of other guidelines;◆ agreed that the Arbitration Sub-Committee should proceedwith the “Compleat Arbitrator” project (addressing issueslikely to be encountered and how an accomplishedarbitrator might handle them) and should produce draft“fast track” Arbitration Rules, with commentary.The committee suggested that branches be informed by theExecutive of any significant forthcoming publications, suchas the compendium for the mediation symposium, andinvited to indicate in advance the number of copies theywould like, which the branches could use for their ownevents and to attract new members.The Arbitration Sub-Committee, chaired by John Wright andthe Mediation Sub-Committee, chaired by Giovanni De Berti,continued their respective two year work programmes asapproved by the Board of Management in 2008.My thanks go to all members, past and present, of thecommittee, its sub-committees and the Working Group, andto the Committee Secretary, Obi Opara, the 2009 President,John Campbell QC, and the Director General, MichaelForbes Smith, for their contributions.■Page 08CIArb Annual Report 2009: Reports from the Boards, Committees and Executive – Practice and Standards Committee

Annual Report 2009ASSESSMENT AND EXAMINATIONS BOARDChairman: Ian TrushellThe Assessment and Examinations Board held three meetingsin 2009 in February, June and October.The core members were: John Sims, Pauline Makepeace,Elena Blanco, Joe Behan, Paul Marrow and Charles Brown.Teresa Giovannini stood down from the board. Robert Juniperand Domitille Baizeau joined the board.During 2009, the board:◆ approved candidates’ regulations◆ dealt with complaints◆ considered appeals from candidates◆ agreed a policy for candidate feedback◆ rejected a proposal to merge with the Education andMembership Board◆ changed the format of the Award Writing examination◆ agreed an open/closed book policy for the variousexaminations◆ considered faculty regulations◆ approved a disability policy◆ considered mitigating circumstances affecting candidates’performance◆ considered updates on branch training and assessmentissues■THE PROFESSIONAL CONDUCT COMMITTEE (PCC)Chairman: Arthur HarverdAt the beginning of the year, the Professional ConductCommittee (PCC) comprised: CIArb members ArthurHarverd (Chairman), Sir Philip Otton QC, Eugen Salpius, NeilKaplan CBE, QC, Michel Kallipetis QC, Tony Canham andMark Entwistle and lay members Olivia Morrison Lyons, NeilMenzies and Martin Dudley.Tony Marks, the Institute’s Director of Legal Services, is thelegal adviser to the committee and Sandra Greenaway ofthe Institute’s legal department acts as the secretary.Neil Kaplan retired from the committee during the course ofthe year after eight years of distinguished service. Sir PhilipOtton will also be retiring from the committee at the end ofMarch 2010 after even longer and equally distinguishedservice. As former senior members of the judiciary in HongKong and England and Wales respectively, their wise judicialexperience has been of invaluable assistance to themembers of the committee who wish to record their heartfeltthanks to them both.There have been eleven new cases of alleged misconductduring the year. Five of these were investigated andconcluded in 2009, four cases have been carried forward forinvestigation in 2010 and two cases are pending theoutcome of investigations by the member’s primaryprofessional body. No complaints have been referred to adisciplinary tribunal. In addition, the PCC has had to revisitfour cases of alleged misconduct that have previously beeninvestigated, due to further correspondence received fromthe complainants in relation to the matter.As previously noted, the majority of complaints are made bydisappointed parties seeking to appeal the arbitrator’s awardby means of a personal attack on the ability andcompetence of the arbitrator. Other complaints concernpoor standards and a failure by the member to demonstrateto the losing disputant that the case advanced has beenproperly considered.Complaints arising from panel schemes are by far the mostcommon. Under the regulations, where the committee considersthat a member has not misconducted himself or herself butthe standard of the Award can be improved, the membermay be referred to a Peer Review Panel for assessment andguidance. The committee is pleased that PRPs have nowbeen established throughout the regions and this willundoubtedly assist in the further enhancement of the standardsof members who act as dispute resolvers.■CIArb Annual Report 2009: Reports from the Boards, Committees and Executive – Assessment and Examinations Board/PCCPage 09

Annual Report 2009PANELS MANAGEMENT GROUP (PMG)Chairman: Neville TaitThe members of the Panels Management Group (PMG) in2009 were: Neville Tait (Chairman),John Campbell QC, Dr Mair Coombs Davis (IDRSRepresentative), Anthony Houghton SC (East Asia RegionRepresentative), Jane Irving (Scotland), Tinuade Oyekunle(Africa Region Representative), John Price (Convener ofMediation Panel), Derek Simmonds (Convener of ArbitrationPanel) and Eric Mouzer (Convener of the Adjudication Panel).The PMG has been involved in two ongoing taskscommenced in the previous year, namely, the formation ofthe Peer Review Panels (PRPs) and the introduction of PanelAppointment Certificates (PACs). In addition, a protocol hasbeen produced for branches wishing to set up panels oftheir own and some thought given to declarations to besigned by neutrals before receiving Presidential appointments.The question of how the Institute can assist non-charteredFellows to obtain arbitration experience in order to enablethem to proceed to Chartered status has been widelydiscussed, but no quick or easy solutions present themselves.The Panel Appointment Certificates (PACs) were launched inearly 2009 and at the end of the year the number of eligiblemembers who had completed the online neutrals databaseand been issued with a PAC was approximately 340arbitrators, 84 mediators and 120 adjudicators. This leavesabout 250 eligible members who have not yet applied, butthis number is slowly reducing.As reported last year, Peer Review Panels have been createdfor each of the Institute’s three main panels. During the year,Regional Panels for West Africa and East Asia have beenformed and that for Australia is well in hand. The PMG isactively seeking appropriate representation and the formationof PRPs for the other regions.During the year, the PMG approved the Yorkshire ArbitrationScheme which is being operated by the UK North EastBranch. By introducing such local schemes it is hoped thatthey might generate some appointments for those non-Chartered Fellows who require actual experience as Arbitratorin order to achieve Chartered status. The PMG is encouragingother branches and regions to operate similar schemes.Details of the scheme and the approved protocol for operatinga branch scheme are available from the Director of Legal Affairs.Many of the other nominating bodies require a potentialneutral to sign a declaration before receiving an appointmentand the Board of Management has approved the PMG’sproposal that the Institute should also adopt this practice (italready occurs in respect of construction adjudicators). Thedrafting of suitable declarations for arbitrators and mediatorsis well in hand.■Page 10CIArb Annual Report 2009: Reports from the Boards, Committees and Executive – Panels Management Group

Annual Report 2009EDITORIAL BOARDChairman: Derek Roebuck, Editor of Arbitration: the International Journal of Arbitration, Mediation andDispute ManagementThe members of the Editorial Board in 2009 were: MichaelO’Reilly, Deputy Editor, Gordon Blanke, Book Review Editor,Dominique Brown-Berset, Hew Dundas, Arthur Harverd andTamara Feldman. The secretary is Sandra Greenaway.The editorial policy remains the same: to serve all membersequally, wherever they are and whatever their relevantinterests, assisting the Institute to increase understanding ofall aspects of dispute management by fostering andpublishing research and debate. In putting this policy intopractice, Arbitration must play its part in ensuring that theInstitute becomes a learned society and performs theeducational and research duties placed upon it by itsCharter. Full use should be made of opportunities togenerate income, through advertising, meetings,sponsorship and otherwise. To ensure these policies are putinto practice, the opinions of members should be soughtregularly and in a way which leads to action.There have been no difficulties in filling the increased pagelimit with high quality material. Submissions continue toimprove and the peer review procedure works well.Members of the Editorial Board helped in reviewing andsuggesting reviewers. The content continues to improve inachieving two of its objects: to cover as many forms ofdispute management and as many jurisdictions as possible.The range of topics expands to encompass reality. Theprocedure for ensuring good book reviews is working better.Direct communications have opened with the Practice andStandards Committee through the good offices of AlanLimbury. This should ensure that the Journal prints itsproducts in good time with appropriate commentary.The deputy editor, Professor Michael O’Reilly, has kept acareful eye on progress and has at all times been ready tostep in, though happily not called on. Hew Dundas’s supportis both constant and wise and deserves special mention.The Director General and I now have quarterly meetings.Following my suggestion a year ago, we are preparing acontingency plan for the future of the job of editor. TheDirector General has produced a job description with which Iagree, to apply as well to me as to my successor. Itexcludes part of my present work, internal copy editing. Wehave agreed that that task be handed over to a professionalcopy editor.I can report no progress on advertising and sponsorship.There has been no paid advertising yet. Nor have there beenany moves to attract sponsorship of individual numbers. Ihope that the Executive can achieve some practical resultsnext year.The regulations provide for an editorial board of sevenmembers, including two ex officio, the editor and theDirector of Legal Services. The Director General and I haveagreed to recommend changes. There is no need oradvantage for any member of the directorate to sit on whatis an advisory board and the Director of Legal Services hasdeclined. But it would be wise to expand the membership toten. As almost all communication is now by email, thatwould allow a wider representation in skills, experience andjurisdiction.More than ever, I believe that Arbitration: The InternationalJournal of Arbitration, Mediation and Dispute Managementis in good condition and available for development in anyway the trustees and the members see fit.■CIArb Annual Report 2009: Reports from the Boards, Committees and Executive – Editorial BoardPage 11

Annual Report 2009EXECUTIVEDirector General: Michael Forbes SmithI began my Annual Report for 2008 on two themes. Onewas a reassurance to members that 2009 would be “one ofconsolidation and positioning to face likely developments inthe market, rather than any wholesale future re-organisation”.I am pleased to say that the reorganisation of the Executiveproved its worth in 2009, with a more focused membershipservices team in much better touch with branches; oureducation activities benefitting from their integration with ourother academic activities in the Research and DevelopmentDepartment; and a full strength marketing team showing itsmettle through sell-out events and a significantly greatertake-up of our London-based training courses, amongstother achievements.However, as for “consolidation”, I reported to the Trustees inNovember that the year had instead “turned out to be a yearof innovation and significant results by the Executive, producedby a highly stretched, but committed and professional teamto whom I owe a debt of gratitude”. I repeat that here, veryconscious that without the hard work of the Executive team,we could achieve nothing.The other theme was communications, and again I canreport very heartening progress in 2009, as anyone who hasbrowsed the new website will acknowledge. Now wellestablished, developments through the year included a newdedicated Branch Officers’ Resource area, which all branchofficers should access and use for their own branch’s benefit;a dedicated area for members; a global events calendar anda directory of members for both member and public use,permitting over time members to use it promotionally fortheir own promotion and marketing.Our new membership database, introduced in May, isintegrated with the website and provides members with thefacility to renew their membership online, by credit card, andis working well. Website development will continue on aregular basis.Our quarterly newsletter “The Resolver” has been ably editedby Kathryn Grant, our PR & Communications Executive, whoalso now edits the new, regular newsletter to branch chairmenand NewsWatch.Sue McLaughlin, our Member Services Manager, hasworked tirelessly with branch committees over the “BranchAudit”, through which we have improved both communicationand understanding, in both directions. The only general issueof substance proved to be the constitutional requirement forcontested branch committee elections to be decided bypostal vote, an issue which resulted in a formal complaint tome by a branch member which happily isclose to resolution. I am grateful for theconstructive approach of all concerned.We also had very useful discussions with other branches,both new and well-established, on the conduct of branchcommittee elections and other constitutional issues. Wehave learnt some useful lessons which will be incorporated inthe revision of the Institute’s Regulations. Our aim is that thebranch audit process should develop into a closer and moreinteractive relationship with branches, supporting their recruitingefforts and helping them meet their wider responsibilities toimplement the Institute’s Object of ‘promoting and facilitating’dispute resolution worldwide.The most important event of the year for the Executive, asfor the Institute as a whole, was the Trustees’ adoption inSeptember of our new Institute Strategy for 2010-14. Theyhave laid down a real challenge to us all in their choice ofvision statement; which certainly meets the requirement ofproviding “big, hairy, audacious goals” as the Institute ofDirectors recommends:“Our vision is for CIArb’s global reputation to be so high thatall involved in private dispute resolution throughout the worldwill wish to join and support us”.We, in the Executive, are committed to pursuing that vision,and I would ask all members everywhere to make sure theydisseminate it widely and follow its precepts.As I forecast at the Trustees’ November meeting, 2009 didindeed prove to be, with one exception, the most successfulyear in the Institute’s recent history. Despite the economicdownturn, the Institute as a whole generated a surplus ofover £ ½ m (including £360,400 from our central operations)on a consolidated turnover of £6.6m.The exception was membership growth where, for the firsttime in several years, we experienced a small (2 per cent) netloss of members, probably mostly as a result of the globaleconomic situation. Despite this, the Membership andMarketing Department under Nicki Alvey’s energetic leadership,still managed to produce a 4.73 per cent increase in thedepartment’s income, from £2,241,000 to £2,347,000.On the positive side, more than 1,100 new members joinedthe Institute in 2009, from Anguilla to Zimbabwe, and at allgrades, either through our own education programmes or bydemonstrating relevant equivalent experience. But Englandand Wales were the worst affected, with a worrying net loss of6 per cent. The Executive hosted two UK Branch Chairmen’smeetings in Bloomsbury Square in 2009, which consideredPage 12CIArb Annual Report 2009: Reports from the Boards, Committees and Executive – Executive

Annual Report 2009the continuing concerns about member attrition in England,but gave few insights as to strategies to reverse the trend.The Education and Training team, under Anita Phillips, ran athird more courses than in 2008: with an increase in grossincome of 70 per cent compared with 2004. As part of theInstitute’s policy of improving the rigour both of the syllabusof our Pathways progressions and of the way in which theyare taught, the Institute’s Education and MembershipCommittee laid down guidelines and reviewed the list offaculty involved in CIArb courses.Regrettably, the new stipulations caused upset in somequarters and the implementation of them took longer than wasintended. I can only defend the committee’s view that rigourin the appointment of tutors is central to the maintenance ofproper standards in qualifications, and as I write, I believethe final anomalies have now been resolved. Otherdevelopments included introducing a consistent formatacross all education and training documents; improvingregistration forms, joining instructions and course folders;introducing course fee sheets, course information sheetsand tutor instructions; updating candidate and faculty regulations;introducing statistical analysis and, very importantly, the rollout of the Recognised Course Provider scheme.We looked carefully at what attracts and retains membersglobally, informed by the electronic member survey that manyof you completed over the spring. For almost all of you, it isthe benchmark qualifications of the Institute that are by farthe most valuable aspect of membership. It is worthemphasising, therefore, that use of the Institute’s postnominalletters, eg FCIArb, are dependent on the memberbeing in good standing with the Institute, which includespayment of the annual subscription fee. In one case this yearI had to write to a senior arbitrator who was claiming falselyto be a member. We must all of us ensure that the value ofyour hard-won qualifications are not undermined by theunscrupulous use of them by those who have never had, orhave given up, the right to use them. Please let theMembership team know if you have any such suspicions.We made significant strides in developing our member benefitsstrategy, offering even greater value for money. Most membersin the UK at least have the opportunity to recover the full costof their subscription fees by using our new CIArb Advantagescheme which offers real savings on a wide range of productsand services – see the website for details. I do hope all theUK branches in particular are marketing these improvedbenefits vigorously to current and prospective members.Those outside the UK should also find them useful whenvisiting Britain.For those of you who are sole practitioners or in small practices,do look at the very competitive rates we have negotiated forour Professional Indemnity insurance scheme, with globalcoverage, underwritten by QBE and eligible to all membersworldwide. We are constantly on the lookout for other benefitswe might be able to offer with a global reach and again wouldwelcome any suggestions from you, the members. It wasencouraging that, notwithstanding some technical issues withwebsite logins towards the end of the year, letters of complaintwere statistically insignificant – less than 1 per cent of enquiries.Lest we become complacent, I must emphasise that wewant to know whenever you think we are not performing aswell as we should – and we will investigate any specificcomplaints thoroughly.While the Northumbria (England) Branch sadly closed, andits members transferred to the North East Branch, the threenew branches forecast in 2007 (Caribbean, Mauritius andIndia) all proved to be robust and active. I had the pleasureof attending the inaugural ceremonies of the Mauritius andIndia Branches in November. Both were major occasions,with the Mauritian Attorney General presiding in Port Louis,and the Minister of Justice in Delhi: my congratulations toBen Seesaram and Lalit Bahsin, their respective chairmen.It is heartening to see the enthusiasm and the local influencewhich these new branches have so quickly demonstrated. Ialso had several discussions with Mrs Chan Lai Fung, thePermanent Secretary of the Ministry of Justice in Singapore,regarding the establishment of the Singapore Branch, whoseinauguration I attended in January 2010. More of that nextyear, but congratulations too, to Christopher Lau, the newSingapore Chairman.I noted in 2008 that we were laying the ground to lift thestanding of the Institute as the representative body of disputeresolvers worldwide, partly through the revitalisation of the‘Learned Society’. In terms of professional development, theInstitute’s partnership with the Maughan Library providesaccess to one of the most comprehensive legal and disputeresolution libraries in the world for all members passing throughLondon. It has not been as widely used as we hoped – doplease ask us for a pass the next time you are passingthrough, and go and have a look.Our small research team produced an outstanding first fullyear of activity. Our support to Lord Justice Jackson,recognised in both his Preliminary and Final Report on theCosts of Civil Litigation, the work of a total of five interns inour new internship programme, from countries as diverse asColombia, Germany, Iran, China and the USA, was one ofseveral initiatives.CIArb Annual Report 2009: Reports from the Boards, Committees and Executive – ExecutivePage 13

Annual Report 2009We made progress on scholarships to be introduced in 2010.Two highly successful academic events; the second annualMediation Symposium, with Lord Woolf as keynote speaker,and the reintroduction of the Alexander Lecture with a dualperformance by Sir Phillip Otton and Michael Beloff QC onsports arbitration in Lords’ Conference Centre both made asignificant impact, raising the Chartered Institute’s visibilityand stature to their different audiences. Both events will, wehope, become annual occasions. We again supported boththe ICC Mediation Competition in Paris in February and theVis Moots in both Vienna and Hong Kong, the latter of coursehosted magnificently by the East Asia Branch.Aaron Hudson-Tyreman, Director of Research andDevelopment and his team put in a great deal of hard anddedicated work to bring all these projects to fruition. TheJournal, as ever, was extremely highly valued by members,continuing under the wise editorial guidance of ProfessorDerek Roebuck. I must also mention here the Practice andStandards Committee which continues to produce guidanceand other material of the highest standard under theChairmanship of Alan Limbury which we in the Executivehave been able to use to good effect in promoting andmarketing the Institute throughout the world.The Mediation Fellowship Pathway finally came on stream. Ittook longer than intended, but I hope it will now prove to bea real attraction to senior mediators to join the Institute. Thetender for our core mediation training contract was issued inSeptember; the healthy interest from providers was anencouraging sign of our attractiveness in the mediation trainingmarket. At the year end we had reduced the bidders to afinal short list and, as I write, a sole preferred bidder has beenapproved by the Board of Management.Tony Marks coped admirably through what became anexceptionally busy year for the legal services team, with issuesrelating to the establishment of new branches and branchelection requirements relating to six branches provingunexpectedly complicated. However, this work usefully informedour ongoing revision of the Institute Regulations. Tony wasalso heavily involved in supporting the Panel ManagementGroup’s launch of the Panel Appointments Certificate Scheme.By the end of the year, approximately 550 members of thethree panels had successfully completed their profile on theneutrals database and received their certificates, though 250individual members had not, and were being sought outindividually. Despite some initial technical teething problems,the PACs have certainly improved the efficiency and reliabilityof presidential appointments.A major initiative to increase the visibility of the panels beganwith a joint meeting of IDRS Ltd and the Executive in September.This will be a lengthy process but the initiative is underway.Tony was also involved in the launch during the year of theYorkshire Arbitration Scheme, designed by the North EastBranch with input and guidance from the PMG and the legalteam and with the aim, in part, to address the “catch 22” ofhow non-lawyer arbitrator Fellows in particular achieve thepractice requirements for Chartered status. We encourageall branches to consider whether they too might produce alocal panel scheme on similar lines, subject to appropriatementoring and with the Institute’s prior authorisation.All in all, a busy and productive year. I thanked my teamearlier in this report for their indispensable part in achievingthat result for the Institute. We said farewell in August to MikeBull, who had been our Assistant Accountant for ten years.We welcomed Goran Mitrovic in August, in a new post asfinancial controller, part of our preparations for the retirementin early 2010 of Malcom McMullan, our Finance andAdministration Director, after ten years in the role. Malcomwill be quite irreplaceable as a calm, wise and steadyinginfluence on the governance and Executive, from Trusteesdownwards. I thank him personally for all his help and support.We wish him well in retirement, somewhat relieved that hewill be popping in as a consultant as the new admin teamsettles in.This will be the first time recently that we have been able tofill posts by internal promotion. Clare Hughes will take over asDirector of Administration and Finance, following her highlysuccessful tenure running our room hire business, whoseturnover has increased by 450 per cent since 2004 (and therest of the administration). Room hire has been a largelyunsung achievement of Bloomsbury Square: a businessdeveloped entirely by word-of-mouth marketing, and sosuccessful that we have had to hive it off as a commercialbusiness, but with the Institute retaining its profits. Clare andGiles Andrews, promoted to take over Clare’s administrationrole, deserve a particular vote of thanks for all they haveachieved.The Executive was sad to see the departure at the end ofthe year of Peter Rees QC as Chairman of the Board ofManagement, after two very productive years with him at thehelm. Fortunately, he will remain in contact, not least througha major conference currently being planned for 2011 ofwhich he will be on the organising team. David Cornes, oneof our two mediation representatives on the Board ofManagement, also resigned. His part in pushing forward ourmediation aspirations was quite outstanding and theInstitute owes him a deep debt of gratitude.■Page 14CIArb Annual Report 2009: Reports from the Boards, Committees and Executive – Executive

Annual Report 2009MINUTES OF THE NINETY FIFTH ANNUAL GENERAL MEETING 2009Held at The International Arbitration and Mediation Centre, 12 Bloomsbury Square, London WC1A 2LP onThursday 14 May 2009 at 6.15pm.Present:Mr John Campbell QC, President of the Institute (in the Chair).There were 47 members present at the meeting, who werewelcomed by the President.The Director General read the Notice convening the AnnualGeneral Meeting.1 Apologies for absenceThere were apologies from 21 members.2 To adopt the Trustees’ Annual Report andAccounts for the year ended 31 December 2008.The President read out the motion to adopt the FinancialStatements of the Institute for the year ended 31 December2008.The Honorary Treasurer briefly commented on the result for2008.The Institute's total income for the year was £6.5 million, anincrease of £1.5 million or more than 30 per cent up on 2007.Membership income is up by £385k on 2007. Membershipnumbers increased from 11,142 at the end of 2007 to 11,463at the end of 2008. The branches’ income from membershipactivities increased by £175k in the year. The Appointmentand Scheme Administration Fees increased by £671k or 50per cent in the year. This was mainly due to IDRS Ltd whichincreased its income by 54 per cent over 2007.The Hon Treasurer was pleased to report that Education andTraining went from £870k to £1,189k, an increase of 37 percent.Finally, the Room Hire business at Bloomsbury Square hadanother very busy year and achieved income of £511k, anincrease of just over 50 per cent.On the cost side, the Institute’s operating costs increased inthe year by £1.1 million or 22 per cent which is significantlyless than increase in income. The main reason for theincrease was the increased level of activity.With regards to the investment portfolio, the HonoraryTreasurer stated that the Institute was not immune to thestock market falls around the world and the Institute’sinvestment portfolio had an unrealised loss of £158k, whichequates to a reduction of about 32 per cent which is slightlyless than the fall in the year in the FTSE All Share Index.The Honorary Treasurer asked the members if there wereany questions.Mr Dundas asked if the Institute’s offices had been valuedrecently. Mr McMullan informed the meeting that a valuationwas carried out 18 months ago and Mr Michael Baker fromBH2 (the Institute’s property agents) valued the building at£5.5 million.The President informed the meeting that this would be MrMcMullan’s last annual general meeting as he retires in April2010. He took this opportunity to thank Mr McMullan for allhis hard work and efforts for the Institute.As there were no further questions, the motion was proposedby Mr Hew Dundas and seconded by Mr Colin Wall.The President invited adoption of the Trustees Annual Reportand Accounts by a show of hands. These were adoptedunanimously.3 To adopt the Annual Report of the Institute inrespect of the year ended 31 December 2008(including the Minutes of the AGM held on the 8May 2008)The President moved for adoption of the Annual Report ofthe Institute in respect of the year ended 31 December 2008including the Minutes of the AGM held on the 8 May 2008.The President invited the adoption of the Annual Report andAccounts by a show of hands. These were adoptedunanimously.4 To authorise the Trustees to fix the remunerationof the auditors.Mr Roy Sherlock proposed and Mr Peter Rees secondedthe motion to fix the remuneration of the auditors.The President invited the adoption to authorise the Trusteesto fix the remuneration of the auditors by a show of hands.This was carried unanimously.5 Close of meetingThe President then closed the formal part of the meeting at6.50pm.■CIArb Annual Report 2009: Minutes of the Ninety Fourth Annual General Meeting 2008Page 15

Annual Report 2009INTERNATIONAL BRANCH REPORTSAUSTRALIA BranchChairman: Derek MinusThe principal Australia Branch officers for 2009 were: DerekMinus (Chairman), Albert Monichino and Alan Limbury (Vice-Chairs), Michael Sanig, (Honorary Treasurer) and JohnWakefield (Honorary Secretary).The past year has been a pivotal one for the AustraliaBranch, with both the Australian International Arbitration Actand the domestic Commercial Arbitration Acts the subject ofwide-ranging and substantial review. The Federal Governmenthas brought the International Act up to date to ensure bestpractice, and the state-based uniform Arbitration Acts havebeen completely redrafted, in line with the Model Law.In addition to its focus on modernising the arbitrationregime, the Federal and New South Wales governmentshave also been active in reviewing civil litigation processesand calling for responses to initiatives to increase the use ofalternative dispute resolution procedures, including:◆ National Alternative Dispute Resolution Advisory Council(NADRAC)Inquiry in to ADR and Civil Proceedings◆ NSW Government ADR Blueprint◆ Federal Government Strategic Review of Access toJustice◆ NADRAC Reference on the Integrity of ADR processesThese reviews have provided the best opportunity for theInstitute to put forward proposals for improved use of arbitralprocedures. The branch has played a leadership role inrespect of these reviews, providing detailed submissions,advocating policy positions and recommendingamendments.For the review of the International Arbitration Act, I wouldparticularly like to note the contributions of Albert Monichino,Jim Creer, Alan Limbury, John Wakefield and Malcolm Holmeswho assisted me in the preparation of this submission.For the review of the Uniform Commercial Arbitration Acts, Iwould particularly like to note the efforts of Albert Monichino,John Wakefield and Peter Megens who assisted me as anexpert panel in the preparation of this submission. In orderto maximise its effectiveness, a single submission wasprovided to the Standing Committee of Attorneys Generalby the branch in conjunction with the Institute of Arbitratorsand Mediators Australia, jointly signed by their President,The Hon Michael Kirby AC CMG and myself.For the NADRAC investigation into the use of ADR in civilproceedings, branch committee members met with the fullAdvisory Council to make submissions. Although the finalreport, The Resolve to Resolve – Embracing ADR to ImproveAccess to Justice in the Federal Jurisdiction, embraced thepractice of arbitration, discussion of arbitration at a federallevel was deferred due to the review of the InternationalArbitration Act.Flowing from the work done on the joint development ofsubmissions for government reviews and due to thesignificant personal efforts of Ian Nosworthy, a member ofbranch committee and a former President of IAMA, amemorandum of understanding was signed between thethree major arbitration bodies in Australia.This memorandum, which records the agreement to“maximise the use of resources through mutual cooperation,share expertise and efforts in education, and to advancearbitration (both domestic and international) and otheralternative dispute resolution methods in Australia”, wasjointly signed by the three Presidents, The Hon Michael KirbyAC CMG of IAMA, Doug Jones AM of ACICA and myself, ata special ceremony, in December 2009.The branch also continued its focus this year on a numberof strategic policy objectives, including:◆ to ensure that membership of the Institute is recognisedas a qualification which is of value domestically andinternationally;◆ to provide leadership in accreditation and policydevelopment in domestic and international commercialdispute resolution;◆ to raise awareness of the advantages of arbitration andmediation as processes for resolving disputes;◆ to increase our membership at each level of the Institute.In line with these strategic objectives, a variety of activitiesdirected to the branch’s priorities, principally educational,were undertaken.The branch has issued a quarterly newsletter since thelaunch of the ADR Reporter in October 2006 which hascontinued to be a source of appreciation from themembership. As well as providing members with informationabout upcoming events, the newsletter has also providedupdates on cases that impact the practice of arbitration inAustralia, the proposed legislative changes and generalcomment on possible improvements in the practice ofarbitration and other forms of dispute resolution.The branch held its Diploma in International CommercialPage 16CIArb Annual Report 2009: International Branch Reports

Annual Report 2009Arbitration Course at the University of New South Wales andleading Australian law firms, from 8 August to 16 August alldays inclusive. Amongst the thirty speakers and panellistswere the branch’s own Malcolm Holmes, Neil Brown, GavanGriffith, Rashda Rana, Albert Monichino, Kim Middleton,Max Bonnell, Amanda Lees, Peter McQueen, Georgia Quickand Damian Sturzaker. Other notable participants wereJustice Allsop, President of the New South Wales Court ofAppeal and Thaw Sing Chong, Immediate Past President ofthe Malaysian Branch. The Diploma Course was celebratedat a dinner hosted by the Law Society of NSW in August2009.The Victorian Chapter of the branch has been active inproviding opportunities for members to meet and discussissues of significance. Particular thanks are due to theconvenor of the Chapter, Albert Monichino, assisted by AlanChuck, Beth Cubitt, Peter Megens and the Hon Neil BrownQC.On 26 March 2009, Beth Cubitt convened, and PeterMegens and his firm Mallesons Stephen Jaques hosted, anevent which featured a discussion led by JonathonRedwood on the proposed amendments to the InternationalArbitration Act and a discussion lead by Albert Monichino onthe case for a Commonwealth domestic arbitration act. Thisdiscussion was videocast to other states.The New South Wales Chapter of the branch also hosted anumber of arbitral events, including:◆ a testimonial dinner for the patron, The Hon MurrayGleeson, on 26 February 2009 at the University, Union &Schools Club;◆ a seminar on Managing the Reluctance of Parties inMediation, presented by Naomi Holtring and generouslyhosted by John Wakefield’s firm, Holman Webb on 5March 2009;◆ an introductory seminar on international arbitration, inconjunction with Young Lawyers NSW, which was held atthe Law Society of NSW on 12 March 2009. Thisfeatured a moot demonstration including membersRasha Rana, Damian Sturzaker and Georgia Quick;◆ an International Arbitration Moot, which was conductedin conjunction with Young Lawyers NSW. Arbitrators forthe competition included Rashda Rana, Georgia Quick,Albert Monichino, Peter McQueen, Kim Middleton, BjornGehle, John Wakefield, Julie Soars, Michael Sanig, SonyaWillis, Amanda Lees and Angela Ward, to whom thebranch extends its particular thanks.I thank the members of the branch committee. Theircontributions have been substantial both in time and effort. Ialso thank the Executive Officer Emma Matthews from theAustralian Commercial Disputes Centre for the administrativeassistance and support she has given the branch. ■BERMUDA BranchChairman: Jeffery ElkinsonThe principal Bermuda Branch officers for 2009 were: JeffreyElkinson (Chairman), Christian Luthi (Honorary Secretary)and John McKenna (Honorary Treasurer).The branch has maintained itself for yet another year with afew notable events. The visit of the then President, JohnCampbell QC, was certainly a highlight and the Presidentshared with the members his views on the new ScottishArbitration Law and Scotland’s discretion from UNCITRAL.Some functions were held around the visit of the Presidentand we looked forward to seeing him back in Bermuda inwhatever capacity that may be.Another successful entry level course was held, although itremains an issue that we do not necessarily get everyonewho successfully completes the course to join as members.The Annual Dinner was, as always, one of the highlights ofthe branch’s calendar with the Governor, Sir Richard Gozneyin attendance with Lady Gozney. Also in attendance were SirAnthony Evans and Lady Caroline Evans. Sir Anthony sits onthe Bermuda Court of Appeal and is a former President ofthe Institute. The keynote speech was delivered by Mr ArmelThomas, head of the Bermuda Public Service Union,Bermuda’s largest union.The branch’s Appointments Committee continues to thrive.The branch looks forward to another successful year in2010 with a mediation course planned and one majorobjective is to assist our neighbours in the CaribbeanBranch to expand and grow.■The Branch AGM was held in April 2009.CIArb Annual Report 2009: International Branch ReportsPage 17

Annual Report 2009EAST ASIA BranchChairman: Timothy HillThe principal East Asia Branch officers for 2009 were:Timothy Hill (Chairman), Joseph Gilfeather and Man Yeung(Vice Chairs), Nicholas Longley (Honorary Secretary), JosephGilfeather (Honorary Treasurer) and Raymond Au (PublicRelations Officer).The East Asia Branch has enjoyed a busy and successfulyear. This report summarises some of the highlights.We were pleased and proud to see the establishment of theSingapore Branch in January 2010. A little over 250members of the branch resident in Singapore have nowtransferred to the new branch. We congratulate ChristopherLau SC on his appointment as the inaugural Chairman andwish him and his committee good fortune. Particular thanksare due to Jayems Dhingra who served on both the branchand chapter committees in the last year and undertookmuch of the hard work associated with the establishment ofthe branch. We very much look forward to working with theSingapore Branch in the coming years.On 9 April, we jointly organised with the CIETAC SouthChina Sub-Commission a half day conference onInternational Arbitration Involving People’s Republic of Chinaparties. In addition to Dr Han Jian, Secretary-General andMr Liu Xiaochun, Deputy Secretary General of the CIETACSouth China Sub-Commission and other delegates fromCIETAC and South China we were joined by Ms AnnetteMagnusson, Secretary-General of the Arbitration Institute ofthe Stockholm Chamber of Commerce. The event attendedby over 70 delegates was followed by a reception. Theevent provided an excellent opportunity for the exchange ofexperience and ideas regarding the development ofarbitration. Thanks go to Richard Leung, chair of theorganising sub-committee, Jessica Chan and Cheryl Je fortheir efforts in organising this event.The branch has joined with the HKIAC and other interestedbodies to establish the Joint Mediation Helpline service, asfrontline service to offer assistance to parties interested inresolving disputes by mediation. Thanks go to Man SingYeung and Nicholas Longley for their efforts in this regard.Thanks are once more due to Man Sing Yeung for hisleadership of this project.With the assistance of funding from the Hong KongGovernment's PSDAS Scheme the Branch was able to fundand publish a DVD of a mock arbitration. This was recordedat an event on 6 June 2009 and followed up by seminars inJuly and November.The Vis (East) International Commercial Arbitration Moot,was once more a great success. A record number of 75teams participated in the event. The winning team this yearin the oral arguments was the Albert-Ludwigs-Universitat ofFreiburg Germany. Particular thanks are due to LouiseBarrington for her continued efforts in leading this event.We have had an active year in terms of our programme. Wehave held a speaker meeting at least once every month andon most occasions twice. Our thanks go to Richard Barton,Mike Charlton, Paul Darling, Jessica Fei, Paulo Fohlin,Richard Hill, Peter Ho, Kaj Hober, Doug Jones, Cheng YeeKhong, Nicholas Longley, Danny McFadden, StephenRuttle, Mary Thompson, Colin Wall for participating. Thanksalso go to Raymond Au who has chaired the ProgrammeSub-Committee.East Asia Branch members continue to hold importantpositions within the Institute. Colin Wall represents the EastAsia region on the Board of Trustees. Louise Barringtonserves on the Education and Membership Committee.Giovanna Kwong serves on the Practice and StandardsCommittee.The Honorary Treasurer, Joe Gilfeather, continues to managethe branch funds to ensure that the branch remainsfinancially healthy. Please refer to his Treasurer's Report forfull details. The branch again operated at a modest deficitfor the financial year, it continues to invest in thedevelopment of the chapters.The Branch Committee and the Professional DevelopmentSub-Committee continue to work towards addressing theInstitute's revised schemes for continuing professionaldevelopment. We had hoped to be able to roll out a programmeof training for the various pathways to membership duringthe course of the year; unfortunately this has not provedpossible. However, the committee will continue to work onthis project and we would hope that next year's committeewould be in a position to begin to provide this training. It isintended that this training will be based upon the newarbitration ordinance once finalised. However, if necessary,the branch will provide "jurisdiction-neutral" courses with aview to addressing this outstanding need.Entry Courses were held in Hong Kong in May and Novemberand in Indonesia in December.The 2009 Winnie Whittaker Memorial Lecture was deliveredby Andrezj Cierpicki and was well attended.Page 18CIArb Annual Report 2009: International Branch Reports

Annual Report 2009As at 30 March 2010, the total branch membership stood at1,669, after the transfer of members to the SingaporeBranch. Of these, 1,447 were in Hong Kong, whilst the nexttwo largest groups were in the Mainland China (99) andIndonesia (38).The YMG has enjoyed a busy and varied year. In addition toevents focused on developing members knowledge ofalternative dispute resolution a varied programme ofcommunity service, sporting and social activities have beenundertaken. Plans are currently underway for a delegation tovisit Shanghai. The YMG has been chaired by Johnson Leethis year.The branch continues to be represented on the EditorialCommittee of the Asian Dispute Review Journal by PaulBarratt and Paulo Fohlin. The branch newsletter continuesto be published quarterly, and particular thanks are due toPaulo for his efforts as editor and prime mover in ensuringthat we publish the newsletter regularly. The website has beenupdated regularly under the management of Sacha Cheong.I would like to take this opportunity to thank all members ofthe branch committee for their considerable efforts in thepast year. I would particular like to thank John Cock,Immediate Past Chair, for his assistance and guidance to me.Thanks also to Primrose Law and the staff of the HKIAC fortheir dedicated support without which the branch could notfunction.■EUROPEAN BranchChairman: Axel ReegIn 2009, the European Branch held two meetings, theSpring Meeting in Milan and the Autumn Meeting in Tunis.The Spring Meeting in Milan, held at the end of March inconjunction with the Camera Arbitrale de la Camera diCommercio di Milano, was extraordinarily well organised by agroup of committee members headed by Giovanni De Berti,Cecilia Carrara and Antonio Franchi. It had a very goodturnout in attendees and a high level and interestingprogramme on diverse topics, covering issues of arbitrationand ADR in Italy and, on the second day, issues of a broaderinterest. Particular mention should be made to a session in atalk show format organized by Jo Kuckenburg with fourexperienced arbitration practitioners whose contributionswere limited to a maximum of two minutes at a time. Thisresulted in a very high-level but also most entertaining session.It was no wonder that almost 100 percent of the participantsstayed in the session room not only on the Friday but alsoon the whole of the Saturday of the conference.Likewise, the Tunis Conference was a big success. It wasjointly organized with the ICC and the Lebanon and CairoBranches of the Institute. Apart from focusing on the specialsituation of arbitration in the Maghreb countries, the conferencewas entitled “The place of arbitration – does it matter?”. Thelayout of the conference, the topics and the speakersselected, organized and presented by Sami Houerbi and JoKuckenburg was extremely well received and was a greatsuccess. It should also be mentioned that Emmanuel Gaillardfrom Paris guided the audience through the sessions with ahigh class initial presentation and, at the end of the conference,with an equally high-level summary.Apart from this, the branch committee have held their tworegular meetings and the Annual Meeting was held on theoccasion of the conference in Milan.The branch has further developed projects to organisetraining programmes with established arbitration institutionson the continent and it has represented the Institute on theoccasion of the first European Arbitration Forum held in Kievin May 2009. Finally, the branch is excited about the prospectof hosting the Institute’s Congress to be held in Heidelberg,Germany in October 2010.■INDIA BranchChairman: Lalit BhasinThe principal India Branch officers for 2009 were: Lalit Bhasin(Chairman), Chandrakant Kamdar (Honorary Secretary) andAnil Shah (Honorary Treasurer).The branch was re-activated in October 2008 andsubsequently registered in the name of Chartered Institute ofArbitrators (India) under Section 25 of the Indian CompaniesAct and registered by Registrar of Companies, Maharastra,India. The Board of Directors of CIArb (India) consists of LalitBhasin, Chandrakant Kamdar, Anil Shah and Nusrat Hassan.The branch was officially inaugurated on 26 November 2009in Delhi by Hon Dr M Veerappa Moily, Union Minister of Lawand Justice in the distinguished presence of Mr MichaelForbes Smith, Director General of CIArb, Hon Justice Mr JSVerma, Former Chief Justice of India, Mr RKP Shankardass,distinguished members of the bar, law students, membersof CIArb India and other dignitaries. Membership of thebranch currently stands at 60.CIArb Annual Report 2009: International Branch ReportsPage 19

Annual Report 2009The India Branch is exploring with the United Arab EmiratesBranch the possibility of running an Introduction Course inIndia, and the branch is also exploring with training institutionsand others in India the development of arbitration training.At the meeting of members of the India Branch held on 27November 2009 in Delhi in the distinguished presence ofDirector General Mr Michael Forbes Smith, the branchdiscussed the membership drive and awareness campaignsit plans to implement in 2010. The branch planned a seriesof meetings in different parts of India to achieve this objective.The first financial year of CIArb (India) ends on 31 March2010; hence annual accounts have not been prepared. Theauditors have since been appointed as required underCompanies Act.■KENYA BranchChairman: Jonathan HavelockThe principal Kenya Branch officers for 2009 were: JonathanHavelock (Chairman), Nancy Kamau (Vice Chair), EstherKinyenje-Opiyo (Honorary Secretary) and Vaizman Aharoni(Honorary Treasurer).In 2009, Kenya Branch had its highest membershipregistration of 56 members, 37 per cent more than theprevious year. Two of our members, Mr Sankale ole Kantaiand Mrs Jamila Mohammed, were appointed as judges.The branch was pleased to host Chartered Institute ofArbitrators’ Presidential visit. During his visit, the Presidentmade courtesy calls on the Minister of Justice &Constitutional Affairs, the Attorney General and the ChiefJustice.Other events held by the branch included the Annual Generaland the visit of Hon Mutula Kilonzo, Minister of Justice &Constitutional Affairs who spoke about the topics of courtmandated mediation, the Regional Arbitration Centre andour proposed premises.The branch held successful CPD surgeries on familymediation and management of the reference, and lunch talkson the subject of the Medical Board and sports disputes.The branch organised an active and extensive programmeof training including courses on advocacy in arbitration andADR, FIDIC and environmental conflicts and ADR, as well asmany of the modules that make up the CIArb Pathwaystraining programme.The branch organised tailor-made mediation training forseveral professional organisations including the Federation ofWomen Lawyers, Kenya (FIDA), the Ministry of Labour and theState Law Office (Department of the Registrar General). ■LEBANON BRANCHChairman: Muhyiddin ItaniThe principal Lebanon Branch officers for 2009 wereMuhyiddin Itani (Chairman), Mohamad Alem (HonorarySecretary), Mohamad Said Fatha (Honorary Treasurer) andGeorge Feghaly (Public Relations Officer).After a three-year absence due to the critical political situationin the country, the Lebanon Branch was re-activated inSeptember 2009. The branch organised a two-day event: aone-day seminar on ‘Recent Trends in Arbitration and ADR -Construction, Oil & Gas and Water' and a one-day EntryCourse in International Arbitration leading to AssociateMembership. The course was directed by Norman Mururu,CIArb Trustee, and tutored by many distinguished CIArbmembers including John Campbell QC, Hew Dundas, DrNayla Comair Obeid, CIArb Trustee and former LebanonBranch Chairperson and other eminent speakers.Over 150 people attended the opening ceremony, includinggovernment officials, VIPs and the media. Some 92participated in the seminar and 33 in the course includinglawyers, engineers, consultants, accountants and manywell-known and professional businessmen.The objective of the event was to promote the developmentof education and training programmes to maintain thehighest standards of dispute resolution worldwide. Itprovided an excellent opportunity to welcome new membersand increase the number of CIArb members in the LebanonBranch, significantly helping to raise the profile of CIArb inthe region.The event came to a close with the signing of a cooperationprotocol between the ICC and CIArb Lebanon Branch,stating that both agree to enhance the leading role ofLebanon in the field of alternative dispute resolution bothregionally and worldwide and to train future arbitrators andmediators in Lebanon.The branch looks forward to another year in which it ishoped that we will achieve our long-term goal of establishinga corpus of highly skilled professionals in the arbitration field.Among our future plans is a mediation seminar in Beirut,Page 20CIArb Annual Report 2009: International Branch Reports

Annual Report 2009Membership and Fellowship courses in collaboration withMiddle Eastern and European Branches (a regional event)and the forming of a Memorandum of Understanding (MOU)among Middle Eastern branches.■MALAYSIA BranchChairman: Leon Weng SengThe principal Malaysia Branch officers for 2009 were: LeonWeng Seng (Chairman), Saprudin Mohd Sharif (HonorarySecretary) and Catherine Chau Siew Ping (Honorary Treasurer).In July 2009, the Malaysia Branch held its “ADR Conferenceon Medical Negligence 2009” on new directions in resolvingmedical disputes in Malaysia, looking at whether ADR is aviable option. The two-day conference was a joint effort withthe International Islamic University Malaysia (IIUM).This collaboration came about because of CIArb’srecognition of IIUM’s undergraduate programme. Itsgraduates who elect arbitration as one of their subjects areeligible to become Associate members of CIArb.About 90 participants attended, including 65 per cent whowere medical professionals keen to further their knowledgein ADR and looking forward to employing it in disputeresolution.The Malaysia Branch also held an Introduction to ArbitrationCourse for the Malaysian Public Works Department (JKR) inKuching, Sarawak in November. JKR is a large governmentalorganisation involved in building and infrastructure projectsthroughout the largest state of Malaysia. Attracting 50participants, the one-day programme has opened up theminds of many planners, architects, engineers and quantitysurveyors who were exposed for the first time to the idea ofarbitration as a dispute resolution mechanism. As a result, thebranch expects to see a greater promotion and use of arbitration.Other events organised by the branch included: a talk byProfessor Robert Volterra on ICSID investor-state dispute inMay, a visit to Malaysia Medical Association (MMA) in June,a multimedia University Consultative Session (MMU) in July,a meeting with the Advocate Association of Sarawak inNovember and, on the membership and training side, afurther Introduction to Arbitration course in October, whichattracted 17 participant■NORTH AMERICA BranchChairman: Ann Ryan RobertsonThe principal North America Branch (NAB) officers for 2009were: Ann Ryan Robertson (Chairman), John Bowman (ViceChair) and JJ Pierson (Honorary Treasurer).The year 2009 was a busy year for the North America Branch.In its continuing efforts not only to reach out to the currentmembership by creating opportunities for its members tobecome better acquainted with one another, but also toincrease membership in the branch, the NAB welcomed twonew chapters: the Southeast Chapter and the NorthwestChapter, bringing the total number of chapters to eleven.And the NAB Chapters were busy.The Chicago Chapter was a sponsor of the pre-Vis Mootcompetition held at Loyola Chicago. The Northern CaliforniaChapter held its inaugural meeting in connection with theFourth Annual California International Arbitration Conference.The Southeast Chapter, in conjunction with the InternationalLaw Section of the Georgia Bar, conducted a day-long seminarstyled “The Three-D’s of International Business: Dealing,Drafting and Dispute Resolution.” John Campbell QC,President of CIArb was the keynote speaker. While in Atlanta,John Campbell took the opportunity to record a podcast styled“Address to the Americas” which is available on the NorthAmerican Branch at www.internationalarbitrators.orgIn November, the Washington DC Chapter hosted the CIArbTrustees’ meeting. The luncheon speaker was Bill Slate ofAmerican Arbitration Association (AAA) and the guest speakerfor the evening dinner was Dr Matthew Burrows, Counsellorat the US National Intelligence Council (NIC).The North American Branch also sponsored and exhibitedat the ABA Dispute Resolution section’s annual meeting inNew York City in April where over 1000 people were inattendance. The branch has traditionally participated in theevent to help increase its profile. This past year it was joined inits marketing efforts by Nicki Alvey and Sue McLaughlin fromthe Membership and Marketing team at Bloomsbury Square.The branch held its Entry Level and Fast Track to FellowshipTraining in New Orleans, Louisiana in October. There were25 participants from nine US states and Canada, Mexicoand Nigeria.The Northern California Chapter started its activities with abang on 23 October. Its first organisational meeting was heldin conjunction with the Fourth Annual California InternationalArbitration Conference.CIArb Annual Report 2009: International Branch ReportsPage 21

Annual Report 2009A dinner meeting was held in December at the gourmetTamarine Restaurant in Palo Alto. Plans were hatched toassist local teams to prepare for the ICC International MediationMoot. Ken Alwyn and Larry Keeshan graciously agreed tohead up the mini-moot committee.Throughout 2009, the Washington DC Chapter, with theassistance of Ann Ryan Robertson and CIArb headquarters,invited distinguished practitioners to join CIArb. The resultwas a substantial increase in the chapter’s roster.In November, the Washington DC Chapter hosted the CIArbTrustees for their annual meeting which, thanks to FellowMark Cymrot, was held at the law offices of Baker Hostetler.William K Slate II, President and Chief Executive Officer ofthe American Arbitration Association, was the luncheonspeaker. The trustees and members of the DC Chapterjoined each other for dinner at the Oval Room, across thepark from the White House. At the invitation of theWashington DC Chapter, Dr Matthew Burrows, Counsellorat the US National Intelligence Council, was the featuredspeaker, addressing “over the horizon” global trends, with afocus on security issues.■UNITED ARAB EMIRATES BranchChairman: Essam Al TamimiThe principal United Arab Emirates Branch officers for 2009were: Essam Al Tamimi (Chairman), Philip Punwar (ViceChairman), Gordon Tregaskis (Honorary Secretary) andWilliam Kennedy (Honorary Treasurer).Branch membership is around 380. The UAE Branch’s mainactivities during 2009 have been related to training. Thebranch held two entry courses attracting a total of morethan 100 participants, modules one and two which 20candidates completed, an Accelerated MembershipProgramme (domestic), an Accelerated FellowshipProgramme (international), an Experienced PractitionerInterview, and a Peer Interview which eleven Memberssuccessfully passed to become Fellows.As 2009 drew to a close, the branch had arranged for thefull range of CIArb training to be provided in Dubai during2010, but also arranged an entry course in Qatar early in2010 with others to follow around the region.Goals for 2010 include continued growth and promotion ofarbitration and ADR in the region, providing a series ofarbitral workshops for Members and Fellows, holding amock hearing, provision of other ADR training such asmediation, arranging several social events including anannual dinner, establishing a young members group,increased support of and liaison with the whole region andstrengthening links with relevant bodies and organisations. ■Page 22CIArb Annual Report 2009: International Branch Reports

Annual Report 2009UK BRANCH REPORTSCHANNEL ISLANDS BranchChairman: Andrew OzanneThe principal Channel Islands Branch officers for 2009 were:Andrew Ozanne (Chairman), Stephen Ross-Gower (Vice-Chairman), Gary Naftel (Honorary Secretary) and Peter LeCheminant (Honorary Treasurer).The Branch Chairman Mr Andrew Ozanne was taken seriouslyill in the later part of 2009 and subsequently stepped downfrom his position as chairman. The vice chairman located inJersey took over responsibilities for the branch and remainsassisted by the current secretary Mr Gary Naftel.The membership of the branch currently stands at 50 with28 in Jersey, 21 in Guernsey and one new member inAlderney, Mr Adrian Leopard. Three members retired.The branch took advantage of the new CIArb microsite andhas decided to remove our local Channel Islands website overa space of time to direct information to one suitable location.There were no events formally organised in 2009 althoughvarious discussions took place regarding mediation andarbitration training. The branch is focused on organising asuitable training programme for 2010 and arrangements areunderway.■EAST ANGLIA BranchChairman: Peter BarnesThe principal East Anglia Branch officers for 2009 were:Peter Barnes (Chairman), Jonathan Nugent (HonorarySecretary) and Rob Tate (Honorary Treasurer).Despite a difficult time for the economy, the East AngliaBranch has had a most successful year in 2009. Newmembers joined the committee and we have had a variedand successful programme of events.In 2009 we had four main events, in addition to otherevening seminars:◆ Our traditional ‘Arbitrators’, Adjudicators’ and Mediators’Surgery’ at Bar Hill in Cambridge in February. This is anall day event that is hosted by Tony Bingham, committeemember of the East Anglia Branch. This was, as always,a highly successful, informative and enjoyable day and itwas well attended by both CIArb members and membersof other professional bodies.◆ The AGM was held in April at the Gonville Hotel inCambridge. It was followed by a supper which wasattended by members and guests. Our VIP guest thatevening was the Director General, Michael Forbes Smith.◆ 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 case presentationand we had a fantastic collection of speakers: HHJ DavidGrant of TCC Birmingham, Richard Bailey of FenwickElliott, Mark Entwistle, Liam Holder of FTI Brewer Consultingand Alan Steynor of Keating Chambers. The AnnualSummer Seminar was reported in the Resolver magazine.◆ In July we had our Annual Dinner at Peterhouse College,Cambridge. Our VIP guest was the Vice-President ofCIArb, Joe Behan and his wife Ruth. Our special guest ofhonour was Mark Cato and his wife Alice. Many membersmay know that Mark is now in the advanced stage of motorneurone disease, and it was felt appropriate (particularlygiven Mark’s service to the Institute and to arbitrationgenerally) that he should be invited to the annual dinner asour special guest of honour. Mark gave a very interestingtalk that evening and everyone was spellbound. TheAnnual Dinner was reported in the Resolver magazine.The evening seminars in the year were:◆ “Delay analysis and programmes under the NEC forms”presented by Dr John Keane and Peter Barnes at theMarriott Hotel in Hatfield in March◆ an ‘adjudication update’ given by John Riches at theMarriott Hotel in Huntingdon in September◆ a talk on NEC conundrums presented by Ron Plascow ofMills & Reeve and Richard Patterson of Mott McDonald.Mills & Reeve kindly agreed to host the event at itsCambridge office.Because of the efforts of the committee, all of the aboveevents were very well attended, and we have been able toprovide some excellent CPD events for our members. ■EAST MIDLANDS BranchChairman: Robert RidgwellThe principal branch officers for 2009 were: Robert Ridgwell(Chairman), Alan Wilson (Vice Chairman and Public RelationsOfficer), Michael Cross (Honorary Secretary) and WilliamFisher (Honorary Treasurer).The East Midlands Branch continued its usual mix of ownmemberAnnual CPD Workshop and training events runjointly with suitable partners.CIArb Annual Report 2009: United Kingdom Branch ReportsPage 23

Annual Report 2009An innovation for the year was the provision of a short trainingsession at the end of each committee meeting provided bya committee member, but open to the membership.The branch has continued its experimental steps to expandmembership participation by holding events in Lincolnshireor closer to the Lincolnshire border, albeit without obviousresult. The branch re-introduced a Spring Dinner in order toprovide a social event, which seemed well received by thosewho attended. The branch actively seeks 'new blood' on itscommittee.The branch offered itself as a 'guinea pig' for the new CIArbbranch websites and most communication with members isnow done electronically.■LONDON BranchChairman: Stephen Bickford Smith QCThe principal branch officers for 2009 were: StephenBickford Smith QC (Chairman), Hew Dundas and AndrewKasriel (Vice Chairs), Irvinder Bakshi (Honorary Secretary),Bruce Leahy (Honorary Treasurer) and Paul Rose (PublicRelations Officer).London Branch has had a busy year and continues to workhard for its members. Since the branch’s area includes theCity of London we are fortunate to be able to invite manyfigures with great expertise in law and commerce to sharetheir knowledge with us. We try also to bear in mind thatmost members are dealing with less exalted matters in theirdaily professional lives. So the aim is to offer a programmewhich has something for everyone.We are also keen to play our full part in promoting the Cityas a commercial and legal centre, and of course toshowcase CIArb as the leading body providing training andqualifications in arbitration and dispute resolution.London Branch is increasingly seeking to learn from othercultures with whom those in the commercial and legalcommunities need to learn to work on equal terms. On 12May we held a meeting on Islamic Dispute Resolution atRegent’s Park Mosque, organised by committee memberMark Hoyle, who has since left London to head up thecommercial department of a law firm in the Gulf. This was arevelation, particularly for those whose ideas of Islam hadhitherto been derived from UK and American official sources.On 24 November, Baker and McKenzie hosted a seminar onArbitration in the People’s Republic of China. We benefittedfrom the knowledge of Andrew Aglionby of Baker andMcKenzie who has hands-on experience, and of Hew Dundas.Another first was the highly successful seminar on currentissues in international arbitration, our 5th Annual JointSeminar with the LCIA, hosted in September 2009 bySkadden Arps in their impressive Canary Wharf offices. Allthe speakers and the chair were women, and even the voteof thanks was proposed by Dr Emilia Onyema. The eventwas also organised by a woman, in this case our HonSecretary, Irvinder Bakshi.Other highlights have included the annual mediation seminarheld at the offices of Clyde and Co at the beginning of July,and the biennial joint event with LMAA hosted by Ince & Coat which the speakers included Lord Clarke of Stone-cum-Ebony.On more domestic matters we held a seminar on adjudicationin June sponsored by Fenwick Elliot, with speakers includingSir Peter Coulson from the Technology and ConstructionCourt and author of the leading textbook on the topic.A seminar on expert evidence in October was sponsored bythe CIArb London Branch, with speakers Michael Cohenand Philip Newman. Finally, and perhaps topically, there wasa seminar on Alternative Dispute Resolution and Finance,hosted by Bird & Bird, timed for Guy Fawkes Night on 5November. As always, we record our thanks to those,whether or not mentioned above, who generously host andsponsor our events and provide speakers.Socially, the main event was the annual dinner on 17thNovember held at Master Cutlers Hall. Around 100members and guests attended and the speech was givenby Sir Bernard Rix. We were pleased to organise this as ajoint event with Bloomsbury Square.This year we again have given a speakers dinner for thosewho have provided speakers and/or sponsorship for branchevents. This was held on 11 March at the Ivy. We also had acruise on the Thames in June. We have a full and excitingprogramme planned for 2010.On my retirement after two busy but rewarding years aschairman, I would like to thank the officers and committee fortheir hard work and support. All have played their part but Iwould mention in particular Irvinder Bakshi, our HonorarySecretary, and Bruce Leahy our Honorary Treasurer, and alsoElinor Pritchard, our administrator. Under its next chairman,the branch will, I am sure, find itself in capable hands. ■Page 24CIArb Annual Report 2009: United Kingdom Branch Reports

Annual Report 2009NORTH EAST BranchChairman: Andrew EssamThe principal North East Branch officers for 2009 were:Andrew Essam (Chairman), Damian Wilkinson, (ViceChairman), Richard Piper (Honorary Secretary), DerekMasters (Honorary Treasurer) and Phil Morrison (PublicRelations Officer).As chairman, Andrew has presided over and guided thecompletion of the Yorkshire Arbitration Scheme, thedevelopment of the North East branch website W:www.arbitratorsnortheast.co.uk and an increase inelectronic communication with the branch members.The Yorkshire Arbitration Scheme is the first UK branchdeveloped scheme under the new Branch Model Rules toreceive approval by the Panels Management Group (PMG) inBloomsbury Square. The scheme has generated muchinterest from other branches nationally and internationally.It was drafted by North East branch members Paul Beeversand Michael Joyce and, with the support of BloomsburySquare, the scheme gained the approval of the PMG in July2009. Paul, a Chartered Arbitrator, solicitor and DeputyDistrict Judge and Michael, a well known geotechnicalengineer and Chartered Arbitrator, gave their timegenerously to develop a cost effective form of resolving lowvalue commercial disputes by arbitration, details of whichcan be found on the scheme website W:www.theyorkshirearbitrationscheme.org.ukBranch events in 2009 commenced in January with anengaging discussion entitled “Ascertaining the facts and thelaw” by Abdul Jinadu, barrister at Keating Chambers. Thiswas followed in March by an entertaining mock mediation,“the Battle of the Guerneys” by Anthony Glaister, followed bya fascinating discussion hosted by Martin Burns of RICSDRS on how the credit crunch is affecting adjudication.In September we were fortunate to have the President, JohnCampbell QC, visit the branch. In October, Richard Cockramof Addleshaw Goddard LLP gave a very informative talk onthird party rights, and December saw Abdul Jinadu return toprovide a construction law update.These achievements would not have been possible withoutthe support and tireless help of the North East BranchCommittee members, the Branch Secretary, Richard Piper,the invaluable support of Angela Procter at GordonsSolicitors and all of those who gave their time generously tosupport the North East Branch’s activities.■NORTH WEST BranchChairman: Daniel BrawnThe principal North West Branch officers for 2009 were: DrDaniel Brawn (Chairman), Ian Williams (Vice-Chairman),Michael Conway (Honorary Secretary), Mike Evans (HonoraryTreasurer) and James Burns (Public Relations Officer).The branch has a full programme of education eventsrunning through to April 2011. We hold an arbitrators andadjudicators’ surgery (this year conducted by SimonMcKenny) and a mediators’ surgery (this year conducted byMark Mattison) once a year. We also organise an annualdinner and we hold one dinner jointly with the North EastBranch. We publish a newsletter twice a year.Our plans to run the entry level adjudication course onbehalf of the Institute, leading to Associate status, havebeen put on hold for the moment, due to the state of theeconomy. We will continue to run the entry level mediationcourse. We have agreed with the North East Branch to runcourses jointly with them, probably in Leeds.As part of our commitment to achieving a closer associationwith other professional groups, particularly surveyors, architects,engineers and lawyers, with whom our membership hasconsiderable overlap, Michael Pye kindly agreed to act asour Intersociety Liaison Officer. He has produced a list ofevents of mutual interest and intends to liaise with othergroups with a view to promoting each other’s work.We have agreed with the North East Branch to join theirArbitration Scheme. We already run various events jointlyand hold an annual dinner together.SCOTLAND BranchChairman: Brandon NolanThe principal Scotland Branch officers for 2009 were:Brandon Nolan (Chairman), John Hunter (Vice Chair) andAlistair Dean (Honorary Secretary).Without doubt the single most important development thattook place over the last year was the Arbitration (Scotland)Act 2010 which is anticipated to come into force in May2010. The Act flows out of 315 years of essentially commonlaw development following the Act of 1695!The Bill was first published on 30 January 2009 following anextensive consultative process. The Scottish Branch not only■CIArb Annual Report 2009: United Kingdom Branch ReportsPage 25

Annual Report 2009responded fully to the consultation questionnaire but alsoprovided extensive and detailed drafting and other commentscovering the entire Bill. This was provided via a drafting subcommittee comprising Professor Fraser Davidson of StirlingUniversity, past President Hew Dundas and David Bartos,advocate, with valuable contributions from members of thebranch committee and the 2009 President of CIArb, JohnCampbell QC.The same drafting sub-committee comprising Professor FraserDavidson, Hew Dundas and David Bartos have produced anannotated version of the Act which is published by W Green.This substantial body of work, which includes a foreword byJohn Campbell QC, highlights the contribution which theScottish Branch has made in relation to the Act.The Scottish Branch has also produced, via a subcommitteeled by Hew Dundas, a set of Scottish Short FormArbitration Rules for disputes of up to £25,000 and is also inthe process of updating the 2007 Scottish Arbitration Codeto reflect the new Act.The branch has continued its annual programme of eventswhich have been well attended with average meeting sizesof more than 35 members and interested parties. These runfrom the Annual Prestige Lecture which is held every yearimmediately after the Annual General Meeting. David Corneswas our distinguished guest speaker in April 2009 and histopic was the implementation of the EU Directive on certainaspects of mediation.After the summer break, the following events took place:◆ 24 September – Case Law Update◆ 6 October – Do's and Don'ts in Adjudication◆ 17 November – Expert Witness◆ 1 December – Dispute Resolution BoardsA parallel series of well attended events has also been runby our Northern Chapter in Aberdeen including subjectssuch as dispute resolution in the oil and gas industry and amock adjudication.One of the key aims of the Scottish Branch has been tobecome involved in a more collaborative approach in relationto events with the Law Society of Scotland, the RICS inScotland and the Faculty of Advocates as well as otherorganisations and many of our initiatives in this respect havebeen taken forward by the Scottish Branch's part-timeDevelopment Officer, Bob Shorter, who has just completedhis full year with the Scottish Branch.On the education front, we have continued to maintain ahigh level of activity, running one entry course as well as ourCPD days for the Chairman's Panel of Arbitrators andAdjudicators. A Chairman's Panel of Mediators is in the finalstages of being established.The main technique for communication is via the ScottishBranch's newsletter which has been circulated by email (aswell as hard copy to those who do not have emailaddresses) four times during the course of the last year.In conclusion, the branch has had a busy year and the newArbitration Act heralds a new era for arbitration in Scotland. ■SOUTHERN BranchChairman: Cliff WakefieldThe principal Southern Branch officers for 2009 were: CliffWakefield (Chairman), Charissa Shears (Honorary Secretary)and Mark Atherton (Honorary Treasurer).In 2009, membership of the branch remained fairly static withattendance at branch meetings averaging 19, excluding speakers,notwithstanding the efforts of the committee to provide animpressive list of speakers within the dispute resolution field.The annual Branch Surgery on Arbitration was yet again agreat success with some 16 delegates from a wide variety ofprofessions. This well established event has now become afirm favourite in many practising arbitrators’ diaries, the vastmajority outside the Southern Branch. The surgery wastutored by Cliff Wakefield, as a late replacement for thebranch’s Douglas Stephenson, who unfortunately fell ill atthe last moment. The branch hopes Douglas will make a fullrecovery, as he is greatly missed.The annual Branch Surgery on Adjudication wasunfortunately cancelled due to lack of support, although laterequests for places, had they been made earlier, would haveallowed the workshop to proceed. However, the branch didhold a joint Adjudication/Mediation surgery, which wasattended by 20 delegates.Five other branch meetings were held during the year:◆ President’s topic, February - John Campbell QC◆ Adjudication update, March - John Shields. John gavethe meeting an interesting and informative talk on thedevelopments in adjudication and the new ConstructionContracts Bill, which was passing through Parliament◆ Mock Adjudication, April - Huw Morgan with solicitorsfrom Veale Wasbrough and colleagues. They gave anentertaining demonstration of a mock adjudication, whichthe meeting found informative regarding the pitfalls whichcan affect any adjudicator or party representative◆ Appointing the right arbitrator, October- Robert EvansPage 26CIArb Annual Report 2009: United Kingdom Branch Reports

Annual Report 2009gave the meeting an interesting account on how toensure the right arbitrator is chosen for the right dispute◆ Jurisdiction and fees in arbitration and adjudication,November - Nicholas Baatz QC took the meeting throughthe problems of jurisdiction and ensuring payment of feesin arbitration and adjudicationThe thanks of the branch members must go to CharissaShears and Mark Atherton. Their efforts during 2009 resultedin the successful programme delivered. I would also like tothank Charissa and Douglas for organising the surgeries. ■THAMES VALLEY BranchChairman: Robert SliwinskiThe principal branch officers for 2009 were: Robert Sliwinski(Chairman), Matthew Bastone (Vice Chairman), David Wilson(Honorary Secretary), Kevin McKee (Treasurer) and RolandFuggle (Public Relations Officer).During 2009 the Thames Valley Branch held six branchevents, four at the Bull in Bisham and two at Jury’s Inn inMilton Keynes.The first meeting in March was also our AGM which was notwell attended, resulting in the meeting not being quorate.Notwithstanding this difficulty the remainder of the meetingproceeded with an interesting talk by Allan Connarty of IDRSLtd, dealing with the role of IDRS Ltd and its relationshipwith CIArb.Our next meeting on 6 May benefitted from a betterattendance and thus we were quorate and able to deal withthe outstanding AGM matters of approving the minutes of the2008 AGM and the Chairman’s, Secretary’s and Treasurer’sreports. The meeting also noted the sterling service given tothe committee by James Pridding over the past years andwished him well after stepped down from the committee.Following on from this, Pauline Makepeace gave a talk on thesubject: “My Breach is Worse than your Breach”. Pauline isnot only a branch member but also a respected and welllikedacademic teaching law at the College of EstateManagement in Reading. Pauline provoked a discussion onthe general issues involved in a breach of contract andprovided some left-field thinking as to the nature of a breachand its relationship with the other party’s possible breaches.The usual summer break ensued, allowing members torecharge their batteries for the October meeting. MiltonKeynes was again the location and James Fairbairn ofDenton Wilde Sapte LLP gave an outstanding talk on theseemingly dry subject of costs. The talk was anything butdry, starting off with a quiz showing us all how much wereally didn’t know and then dealing with the possible reformsbeing proposed by Lord Justice Jackson, which have nowbeen published. James not only considered some of LordJackson’s proposals but also commented on their use withinarbitration. He then concluded with a warning that emphasison cost control in litigation was inevitable and suggestedthat arbitrators, whilst not governed by the rules in litigationin respect of costs, should be light-footed and flexible indeciding costs and in dealing with cost management.Then in November, David Slocombe, an associate of Beale &Co, presented a talk entitled “Insulation in a falling market”.This was a fascinating talk combining the risk of propertydevelopment against the inevitability of rising and fallingproperty values in a fluid marketplace.Throughout the last year the committee has put a largeamount of effort into keeping the branch up to date and inproviding interesting events which we hope to continue withtalks from leading professionals in the field of disputeresolution over the coming months.Finally I sincerely thank my fellow committee members fortheir support during my first year as branch chairman. Mytenure continues during the next year which I hope willcontinue the success of past years.WALES BranchChairman:The principal Wales Branch officers for 2009 were: RobertShawyer (Chairman), Gareth Thomas (Vice Chairman andSecretary) and Steven Evans (Treasurer).Events included committee meetings and Corbett Spurin'smemorial 3 day symposium (organised by the ViceChairman and Honorary secretary Gareth Thomas) whichculminated in an evening talk by our Patron Keith Bush onADR in the Public Sector.The branch looks forward to another good year in 2010.Current figures from Steven Evans the Branch Treasurershow £10,800 in the Branch kitty. It is hoped that this canbe used for events to benefit current and new membersrather remain a growing pot.It is hoped the proactive branch activities will retain andmoreover encourage new membership.■CIArb Annual Report 2009: United Kingdom Branch ReportsPage 27

Annual Report 2009WEST MIDLANDS BranchChairman: Robert HarrisonThe principal West Midlands Branch officers for 2009 were:Robert Harrison (Chairman), Madelaine Hanlon (HonorarySecretary), David Simons (Honorary Treasurer) and PeterCollie (Public Relations Officer).The focus for the West Midlands Branch this year has onceagain been its programme of education and training events.The policy of inviting local chambers and firms to host eventsand the mixture of local and external speakers has workedwell, with very good attendance. The branch has also continuedthe policy of holding some joint meetings with theAdjudication Society.The subjects have been varied, covering arbitration, adjudicationand general legal issues with topics ranging from ‘ContentiousHeads of Claims and Winning Ways of Presenting Evidence’to ‘Payment under the New Construction Act’.An Adjudication Workshop has also been held and a livelydebate on whether the enforcement of adjudicators’decisions requires a statutory procedure was surprisinglywon by the proposer of the motion. Once again theArbitrator’s Surgery, which up to the year before last hadbeen a very popular event, had to be cancelled due lack ofinterest.The branch has continued its links with WolverhamptonUniversity where talks have been given to undergraduates atthe university.The branch is in the process of setting up a young membersgroup. A budget to develop this initiative has been allocatedand a programme of events is being prepared. A member ofthe committee has taken this initiative on board and twoyoung members of the Institute have been co-opted onto asub-committee to assist in the tasks involved.A considerable amount of work has been put intodeveloping a local arbitration scheme and the committeehas tried to involve the Local Chamber of Commerce inpromoting the scheme amongst its members, but to datelittle success has been achieved. Further initiatives topromote the scheme are planned for 2010.The year has also seen considerable effort being put intoorganising our branch conference which will take place inApril 2010 and will cover the role of the expert witness indispute resolution.■WESTERN COUNTIES BranchChairman: Michael TwineThe principal Western Counties Branch officers for 2009were: Mike Twine (Chairman), Jonathan Wyatt and BrianHinchcliffe (Vice Chairs), Morwenna Crichton (HonorarySecretary) Robin Gupta (Honorary Treasurer) and PeterBuechel (Public Relations Officer).Michael Twine assumed the role of the Western CountiesBranch Chairman following the Branch AGM on 23 April2009, taking over from Peter Buechel.Sadly, Brian Hinchcliffe, Junior Vice Chairman andlongstanding committee member, died a few months agoafter a long illness.We were fortunate in having John Campbell QC andPresident of CIArb as our speaker at the AGM in April 2009,where he delivered a paper on the subject of “Bias andConflict of Interest”.A successful Arbitrator’s Surgery was held on 6 May. In June,we held our informal summer meeting where members andtheir guests visited Stourhead, with some staying on in theevening to see a performance of the Merchant of Venice.Thanks to Jonathan Wyatt for his organisation of this event.Rudi Klien was our guest speaker for the October meeting inExeter, where he talked about the proposed changes to theConstruction Act.In November 2009 we held a meeting in Bristol, where TonyBingham gave a presentation on “What can we arbitratorslearn from what we call the summary process ofadjudication?”.I should like to thank the branch committee for their supportduring the year, particularly as I have not been able to giveas much time to branch matters as I would have liked.Morwenna Crichton will be standing down as HonorarySecretary in 2010 and I would like to thank her for all herhard work. I would also like to thank Peter Buechel for hiscontinuing support as Immediate Past Chairman and as thecurrent PRO. Peter has done a magnificent job in keepingour own branch website up to date and of benefit to thebranch.On behalf of the committee I would also like to thank DavidSimper, a Trustee, who has been very supportive of thebranch, in particular representing our interests and concernsto Bloomsbury Square.■Page 28CIArb Annual Report 2009: United Kingdom Branch Reports

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Annual Report 2009CIArb12 Bloomsbury Square, London, WC1A 2LP, United KingdomRegistered Charity Number: 803725T + 44 (0)20 7421 7444 E info@ciarb.org W www.ciarb.orgPage XX