Annual Report 2009 - Chartered Institute of Arbitrators

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