Annual Report 2009 - Chartered Institute of Arbitrators

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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
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Annual Report 2009 - Chartered Institute of Arbitrators

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