Annual Report 2009 - Chartered Institute of Arbitrators
Annual Report 2009 - Chartered Institute of Arbitrators Annual Report 2009 - Chartered Institute of Arbitrators
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
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<strong>Annual</strong> <strong>Report</strong> <strong>2009</strong>gave 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 <strong>of</strong> jurisdiction and ensuring payment <strong>of</strong> feesin arbitration and adjudicationThe thanks <strong>of</strong> the branch members must go to CharissaShears and Mark Atherton. Their efforts during <strong>2009</strong> resultedin the successful programme delivered. I would also like tothank Charissa and Douglas for organising the surgeries. ■THAMES VALLEY BranchChairman: Robert SliwinskiThe principal branch <strong>of</strong>ficers for <strong>2009</strong> were: Robert Sliwinski(Chairman), Matthew Bastone (Vice Chairman), David Wilson(Honorary Secretary), Kevin McKee (Treasurer) and RolandFuggle (Public Relations Officer).During <strong>2009</strong> 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 <strong>of</strong> the meetingproceeded with an interesting talk by Allan Connarty <strong>of</strong> IDRSLtd, dealing with the role <strong>of</strong> 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 <strong>of</strong> approving the minutes <strong>of</strong> 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 <strong>of</strong> EstateManagement in Reading. Pauline provoked a discussion onthe general issues involved in a breach <strong>of</strong> contract andprovided some left-field thinking as to the nature <strong>of</strong> 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 <strong>of</strong>Denton Wilde Sapte LLP gave an outstanding talk on theseemingly dry subject <strong>of</strong> costs. The talk was anything butdry, starting <strong>of</strong>f 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 <strong>of</strong> 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 <strong>of</strong> costs, should be light-footed and flexible indeciding costs and in dealing with cost management.Then in November, David Slocombe, an associate <strong>of</strong> Beale &Co, presented a talk entitled “Insulation in a falling market”.This was a fascinating talk combining the risk <strong>of</strong> propertydevelopment against the inevitability <strong>of</strong> rising and fallingproperty values in a fluid marketplace.Throughout the last year the committee has put a largeamount <strong>of</strong> effort into keeping the branch up to date and inproviding interesting events which we hope to continue withtalks from leading pr<strong>of</strong>essionals in the field <strong>of</strong> 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 <strong>of</strong> past years.WALES BranchChairman:The principal Wales Branch <strong>of</strong>ficers for <strong>2009</strong> 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 <strong>Annual</strong> <strong>Report</strong> <strong>2009</strong>: United Kingdom Branch <strong>Report</strong>sPage 27
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