Annual Report 2009 - Chartered Institute of Arbitrators

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