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2011 Annual Review - Chartered Institute of Arbitrators

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<strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>CONTENTSPageReport from the President ...................................................................................................................... 02Reports from the Boards, Committees and ExecutiveBoard <strong>of</strong> Trustees ............................................................................................................ 04Board <strong>of</strong> Management .................................................................................................... 07Education and Membership Committee .......................................................................... 08Examinations Board ........................................................................................................ 09Practice and Standards Committee ................................................................................ 10Pr<strong>of</strong>essional Conduct Committee .................................................................................... 11Panels Management Group ............................................................................................ 12Editorial Board ................................................................................................................ 13The Executive ................................................................................................................ 14International Branch ReportsAustralia .......................................................................................................................... 18The Bahamas .................................................................................................................. 20East Asia.......................................................................................................................... 20Europe ............................................................................................................................ 22India ................................................................................................................................ 23Ireland.............................................................................................................................. 24Kenya .............................................................................................................................. 24Lebanon .......................................................................................................................... 25Malaysia ……… .............................................................................................................. 25Mauritius.......................................................................................................................... 25Nigeria ............................................................................................................................ 26North America.................................................................................................................. 27Singapore ........................................................................................................................ 29South Africa .................................................................................................................... 30United Arab Emirates ...................................................................................................... 31United Kingdom Branch ReportsChannel Islands .............................................................................................................. 33East Midlands .................................................................................................................. 33London ............................................................................................................................ 33North East ...................................................................................................................... 34North West ...................................................................................................................... 35Scotland .......................................................................................................................... 36South East ...................................................................................................................... 37Thames Valley.................................................................................................................. 38West Midlands ................................................................................................................ 39Western Counties ............................................................................................................ 40CIArb <strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>: ContentsPage 01


<strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>PRESIDENT’S REPORTDoug Jones AM FCIArbI have been immensely privileged to be President <strong>of</strong> the<strong>Chartered</strong> <strong>Institute</strong> throughout <strong>2011</strong>. As the electedrepresentative <strong>of</strong> the membership, the role has no executivefunction, but it is a highly important vehicle for bringing theconcerns <strong>of</strong> members to wider attention, when appropriate.I hope I have achieved some success as a bellwether for the<strong>Institute</strong>’s governance bodies – the Boards <strong>of</strong> Trustees and <strong>of</strong>Management – as they carry on their essential strategic andoperational planning to take the <strong>Institute</strong> forward as a thrivinginstitution, growing in stature as the global body for ADR.During my travels around the world I have been greatlyencouraged by the level <strong>of</strong> enthusiasm and energy in thebranches <strong>of</strong> the <strong>Institute</strong>. In North America, East Asia, India,United Arab Emirates, United Kingdom and in Europe greatthings are being achieved by the <strong>Chartered</strong> <strong>Institute</strong> Branches.For example, the Irish branch has been at the forefront <strong>of</strong>recent developments around the new Irish international anddomestic arbitration acts, as well as proposed legislationdealing with mediation.CIArb holds a unique position as the only worldwide ADRbody that is a learned society that provides accreditationand requires the successful completion <strong>of</strong> an examination inorder to become a member. There is significant opportunityfor CIArb members, young and old, to gain value in their careerdevelopment from the qualification <strong>of</strong> <strong>Institute</strong> membership.In my time as president I had the opportunity to interact witha number <strong>of</strong> branches' Young Members Groups, where Iwas impressed by the caliber <strong>of</strong> the next generation <strong>of</strong> ADRpractitioners. The enthusiasm and intellectual curiosity <strong>of</strong> theyoung has an enormous amount to <strong>of</strong>fer the <strong>Institute</strong>, whileat the same time, there is significant potential for youngpractitioners themselves to gain a lot from their involvement.In the UK, CIArb and its Branches are working hard to addvalue in the context <strong>of</strong> Domestic Alternative Dispute Resolution.It was exciting to see many branches within the UK eager totake a leading role in the debate surrounding domesticarbitration, which has come to the fore in response tocriticisms <strong>of</strong> the process <strong>of</strong> construction adjudication. Thisprovides the institute with an opportunity to actively engagewith the reform process in this important area.Other highlights <strong>of</strong> the year from a UK perspective were theestablishment <strong>of</strong> the Derek Roebuck Lecture with the delivery<strong>of</strong> the inaugural lecture by Pr<strong>of</strong>essor Roebuck himself, whospoke on his thesis that mediation is a natural emanation <strong>of</strong>dispute resolution in most societies. I was also privileged tochair The Right Honourable Lord Phillips’ Alexander lectureon the topic “Dallah at home and away,” examining the UKSupreme Court case <strong>of</strong> Dallah vPakistan.The President’s second and vital role isan ambassadorial one, and I was particularly fortunate thatthe <strong>Institute</strong> gave me several opportunities to carry out thatfunction. In particular, the activities <strong>of</strong> the <strong>Institute</strong> as alearned society were greatly enhanced by two majorconferences, in both <strong>of</strong> which I was privileged to play a part.The first was in Sydney in May, which was a regionalarbitration conference supported by the North American,East Asia, Malaysian, Singapore, Indian and AustralianBranches <strong>of</strong> the <strong>Institute</strong>. The conference explored thechallenges and opportunities for international disputeresolution in the Asia Pacific region. Over 200 delegatesattended from across the world to hear from high pr<strong>of</strong>ilespeakers from the fields <strong>of</strong> government, industry, businessand arbitration.The second, in September in London on "Costs <strong>of</strong>International Arbitration", has provided a focus for debate onthe subject arising from both the content <strong>of</strong> the conferenceand the launch at the conference <strong>of</strong> the CIArb Survey on theCosts <strong>of</strong> International Arbitration. I would like to congratulatethose who were central in organizing these events, withJohn Wakefield and the Australian branch in Sydney, andHH Humphrey Lloyd in London playing an integral part.These conferences would also not have been possiblewithout the events team <strong>of</strong> the Executive in BloomsburySquare, under Nicki Alvey and Sue Frye.At an organisational level, CIArb is undergoing an excitingprocess <strong>of</strong> renewal. Many <strong>of</strong> you will have heard <strong>of</strong> theGovernance Tribunal which reported in the northern springunder Sir Anthony Evans. Observing this at first hand, andthe actions now well in place to carry forward therecommendations in the Tribunal’s Report, I have no doubtthat the outcome will be a stronger, more effective institute,fit for purpose and well able to steer through what is alreadyproving a turbulent 21st Century.The eight new members <strong>of</strong> the Board <strong>of</strong> Trustees from theUK, Europe, Africa and North America have already settledinto their roles and responsibilities, and met in November inan atmosphere <strong>of</strong> positive enthusiasm. The institute hasbeen fortunate in having John Wright as Chairman <strong>of</strong> theBoard <strong>of</strong> Trustees throughout this unsettling, but alsoreinvigorating period.Michael Forbes Smith joined the <strong>Chartered</strong> <strong>Institute</strong> asdirector general in my first year as chairman <strong>of</strong> the Board <strong>of</strong>Trustees, and it has been a pleasure to work with such anPage 02CIArb <strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>: Report from the President


<strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>effective and well-respected colleague. As I depart from therole <strong>of</strong> President, so too does Michael from the role <strong>of</strong>director general. The choice <strong>of</strong> his successor will be a criticalone for the new year but I am confident <strong>of</strong> the success <strong>of</strong>the <strong>Institute</strong> moving forward in the performance <strong>of</strong> its worldwiderole.I welcome and wish all the very best to my successor,Jeffrey Elkinson <strong>of</strong> Bermuda who will be taking up thePresidential <strong>of</strong>fice for 2012.■CIArb <strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>: Report from the PresidentPage 03


<strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>Reports from the Boards, Committees and ExecutiveBOARD OF TRUSTEESChairman: John Wright FCIArbI am pleased to report to you the activities and decisions <strong>of</strong>the Board <strong>of</strong> Trustees during <strong>2011</strong>. At both its May andNovember meetings, the Board again resolved to waiveconfidentiality so as to permit me to report their proceedingsto the membership, a custom which I welcome and expectto continue in the future.The Board <strong>of</strong> Trustees is charged with the governance <strong>of</strong>CIArb. There is no doubt that the single most importantgovernance development <strong>of</strong> <strong>2011</strong> was the report on 31March by the Governance Tribunal (“the Report”) comprisingSir Anthony Evans, John Tackaberry QC and Dr EugenSalpius on the corporate governance <strong>of</strong> the <strong>Institute</strong>.In summary, the Report found that the governance problemsthat faced the <strong>Institute</strong> in 2009 and 2010 were caused bybreakdowns in ‘personal relationships’; that it was a matter<strong>of</strong> personality rather than either policy or process. At thesame time, the Report notes that ‘throughout the period the<strong>Institute</strong> continued to flourish’ in its operational activities. TheReport found nothing out <strong>of</strong> place with the governancestructure <strong>of</strong> the <strong>Institute</strong>, confirming that the Board <strong>of</strong>Trustees should be responsible for the strategic direction <strong>of</strong>the <strong>Institute</strong>, the Board <strong>of</strong> Management for the management<strong>of</strong> the <strong>Institute</strong> and the Executive for the implementation <strong>of</strong>decisions and strategies.At its May <strong>2011</strong> meeting, the Trustees decided that aprocess <strong>of</strong> renewal <strong>of</strong> the membership <strong>of</strong> the Board shouldbe brought forward. The Board appreciated the decision <strong>of</strong>five trustees to stand down. This will enable that refreshmentto take place, placing on record its view that,notwithstanding comments <strong>of</strong> a critical nature made in theReport, all members <strong>of</strong> the Board <strong>of</strong> Trustees throughout theperiod in question acted at all times with the best interests<strong>of</strong> the <strong>Institute</strong> in their hearts. Under the Bye-laws, the Boardhas powers to fill by appointment trustee vacancies thatoccur between formal elections. We concluded that toensure transparency, nominations should be invited from,and a ballot held <strong>of</strong>, the membership to seek their views.The resulting appointments were made on 26 October andthe five successful candidates joined the Board for itsNovember meeting. Eight new Trustees have therefore taken<strong>of</strong>fice by election or appointment in the course <strong>of</strong> <strong>2011</strong>, thelargest change in any year since the first elections under thenew Supplemental Charter in 2005. In January the Boardwas delighted to welcome Christopher Ojo, representingAfrica; Bruce Kettle and Michael Stephens both representingthe UK; and in November, David Brynmor Thomas, WendyMiles and Greg Reid representing the UK; Peter Michaelsonrepresenting the Americas and RowenaMulcahy representing Europe.A process for detailed consideration <strong>of</strong> therecommendations <strong>of</strong> the Report and their implementationhas been put in place with a final deadline for completion <strong>of</strong>2013. The Bye-law amendments to implement thesignificant changes already approved by the Board, relatingto elections and the introduction <strong>of</strong> a mainland EuropeanTrustee, have just received the approval <strong>of</strong> the Privy Counciland will be put to the membership for ratification this May.It is with great pleasure that I was able to welcome the RtHonourable the Lord Phillips <strong>of</strong> Worth Matravers PC, thePresident <strong>of</strong> the Supreme Court, as CIArb’s new Patron,who will hold our most senior ambassadorial position for aperiod <strong>of</strong> three years. Lord Phillips has already shown hiscommitment to the <strong>Institute</strong> with a riveting presentation on‘Dallah at Home and Away’ in the <strong>Institute</strong>’s now annualAlexander Lecture.While the Director General reports in greater detail about the<strong>Institute</strong>’s operational activities in <strong>2011</strong>, the Board havebeen impressed by the number <strong>of</strong> other very significant<strong>Institute</strong> events which took place in <strong>2011</strong>. Both Dame HazelGenn and Mr Justice Ramsay spoke at our 4th MediationSymposium in London, now a recognised annual essentialfor the mediation community.The two international conferences, the CIArb Asia Pacificconference in Sydney, Australia in May, with the AustralianAttorney General, Robert McClelland, and the former UKAttorney General, Lord Peter Goldsmith, both speaking, andour September conference on Costs in InternationalArbitration, with the first ever survey on this topic contributedto by over 250 members, were very considerable successeswith substantial spin-<strong>of</strong>fs in raising the institute’s pr<strong>of</strong>ile.The board are convinced that events such as these can onlyhelp in our long-term objectives in promoting the disciplineswe support and the <strong>Institute</strong>’s standing as the leadingrepresentative pr<strong>of</strong>essional body and Learned Society inthese areas.In this context I should also mention the Board’sappointment <strong>of</strong> Pr<strong>of</strong>essor Michael O’Reilly who succeededPr<strong>of</strong>essor Derek Roebuck as Editor <strong>of</strong> the <strong>Institute</strong>’s Journal,Arbitration, which forms such a key part <strong>of</strong> our LearnedSociety remit. This has also been boosted by the continuingdevelopment <strong>of</strong> our research facility, the members’ accessto the Maughan Library, one <strong>of</strong> the largest legal libraries inLondon, and the continuing development <strong>of</strong> plans for anPage 04CIArb <strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>: Reports from the Boards, Committees and Executive – Board <strong>of</strong> Trustees


<strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>expanded pr<strong>of</strong>essional development seminar and workshopprogramme.It is encouraging that membership reached its highest levelever in December <strong>2011</strong>, though the particular difficulties <strong>of</strong>recruiting and retention in England and Wales is consideredin some depth in the Director General’s report. The boardwas pleased to approve the formation <strong>of</strong> Branches in theBahamas and Zambia and Chapters in St Lucia, Germany,Montreal and the Rocky Mountains.The Board also considered the DG’s report on the results <strong>of</strong>his consultations with Branches regarding the relationshipbetween Branches and Chapters. After discussion, wedecided that the recommendations would be incorporatedinto the revision <strong>of</strong> the <strong>Institute</strong>’s Regulations, which havenow been promulgated, including revised Branch Model Rules,which I would commend to Branch chairs and committees.Related to this, the Board has been increasingly concerned atthe need to enlarge the catchment from which membership<strong>of</strong> the Boards and Committees to which it delegates itsresponsibilities can be refreshed and renewed. The Board <strong>of</strong>Management was directed to consider this in detail and willbe reporting to the May 2012 Board <strong>of</strong> Trustees’ meeting ona much broader and more transparent method <strong>of</strong> recruitingnew members to our specialist committees. We hope thatBranches worldwide will join us in ensuring that the broadestpossible range <strong>of</strong> suitably qualified members can beidentified and encouraged to serve the <strong>Institute</strong> in this way.The Board authorised the Executive in May <strong>2011</strong> to explorethe unexpected possibility <strong>of</strong> purchasing No 14 BloomsburySquare. Two years ago, the Board had considered theasking price too great, but the building was finally purchasedin October for the very reasonable price <strong>of</strong> £1.7 million.There were several complications in the purchase processand I should like to congratulate Clare Hughes, our Director<strong>of</strong> Administration and Finance and Tony Marks, the Director<strong>of</strong> Legal Services, for all the hard work they put intoachieving this significant addition to our assets.The Director General has described in his report how this,together with the completion <strong>of</strong> our Angel Gate lease in2015 and the current mortgages on Nos12 and 13Bloomsbury Square, will significantly reduce our overheadsover the next two decades. It is one <strong>of</strong> the most importantrequirements <strong>of</strong> the Board <strong>of</strong> Trustees that it takes a longview <strong>of</strong> the <strong>Institute</strong>’s future; I am confident that in regard toour property strategy we have recently taken decisions thatwill be <strong>of</strong> great benefit in coming decades.Of particular concern to the England and Wales membershiphas been the future <strong>of</strong> IDRS Limited, the <strong>Institute</strong>’s consumerredress business which was hived <strong>of</strong>f as a subsidiarycompany in 2007. Again, with their responsibilities for thelong-term well-being <strong>of</strong> the <strong>Institute</strong> in mind, the Board <strong>of</strong>Trustees accepted the advice <strong>of</strong> the Board <strong>of</strong> the Companythat a trade sale should be effected, given their conclusionthat without a very significant injection <strong>of</strong> working capital thebusiness’ viability in the medium term was in doubt. IDRSLimited was therefore sold to the Centre for EffectiveDispute Resolution (CEDR) in November <strong>2011</strong>.The administration <strong>of</strong> the <strong>Institute</strong>’s presidentialappointments scheme reverted <strong>of</strong> course to the <strong>Institute</strong> ashas the City Disputes Panel. I am pleased to report that theExecutive has already recruited expert staff to move forwarda rejuvenation <strong>of</strong> the physical arrangements for making adhoc Presidential appointments which I understand hasalready shown considerable promise in January this year.We are also intent on reviving the visibility and business <strong>of</strong>the City Disputes Panel as a low-volume, high value disputeresolution service for the financial and commercial sectorswithin the City and the broader financial and internationalcommercial community.I need not enlarge on the Director General’s outline <strong>of</strong> ourunderlying financial stability. The longer-term reduction incentral overhead and improvement in net assets, the goodlong-term performance <strong>of</strong> our investment portfolio despitepoor investment conditions in <strong>2011</strong> together with significantimprovements in our managed cash-flow and the overallpositive balance on the outcome <strong>of</strong> the IDRS Ltd sale, haveput the <strong>Institute</strong> in its strongest financial position ever. TheTrustees were determined that the very positive advancesmade in <strong>2011</strong> should be continued this year and agreed inNovember <strong>2011</strong> a budget for 2012 predicated on a smalldeficit, thereby enabling both our events planning anddevelopment <strong>of</strong> our education, training and importantLearned Society activities to continue to grow.The Board wishes to thank the Director General, our fourDirectors, Nicki Alvey, Tony Marks, Clare Hughes andYvonne Hanly, and all their staff in the Executive for all thehard work and commitment they have given the institute inthe past year. Michael Forbes Smith, the Director General,announced his intention to retire in the summer and will beleaving us at the end <strong>of</strong> March.CIArb owes Michael a great debt <strong>of</strong> gratitude for his sterlingefforts over the last 6 years, a period during which CIArb hasadvanced considerably under his leadership. He leavesCIArb <strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>: Reports from the Boards, Committees and Executive – Board <strong>of</strong> TrusteesPage 05


<strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>CIArb in a strong financial position and with considerableprogress having been made during his tenure; we will be thepoorer for his departure.The Board appointed executive search consultants inOctober to fill the position, and the final interviews will takeplace on 23 February. Though there will probably be a shortinterregnum, Michael has indicated that he will be availableto brief the new incumbent when they have taken up <strong>of</strong>fice,hopefully as early as April.Richard Morris, who resigned from the Board <strong>of</strong> Trustees in2010 to become Chairman <strong>of</strong> the Board <strong>of</strong> Management,decided at our November <strong>2011</strong> Trustees’ meeting not to<strong>of</strong>fer himself for reappointment. The Board wishes to thankhim for his long-standing and devoted work for the <strong>Institute</strong>over many years in several roles and to welcome as hissuccessor Charles Brown, formerly Chairman <strong>of</strong> the SouthEast Branch and Chairman <strong>of</strong> the Examinations Board.I cannot present a complete Report for <strong>2011</strong> without placingon record the debt that the Board <strong>of</strong> Trustees owes to DougJones, who as President during a busy and <strong>of</strong>tenchallenging year was tireless in his efforts to assist theBoard. He gave wise counsel on many occasions and mytask would have been considerably more difficult without hisgreat support and untiring energy.In conclusion, I should like to thank those Trustees who leftthe Board in October <strong>2011</strong>, Steven Certilman, Peter Fenn,Niall Lawless, Roy Sherlock and David Simper. They have allcontributed significantly to the successful and vibrantorganisation which it is my privilege to steer as Chairman <strong>of</strong>the Board <strong>of</strong> Trustees.■The Examinations Board chairmanship has been taken upby Ian Trushell while the Trustees reappointed Tom Halket asChairman <strong>of</strong> the Practice and Standards Committee, JohnPrice as Chairman <strong>of</strong> the Panels Management Group andPauline Makepeace as Chairman <strong>of</strong> the Education andMembership Committee for 2012.Page 06CIArb <strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>: Reports from the Boards, Committees and Executive – Board <strong>of</strong> Trustees


<strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>BOARD OF MANAGEMENTChairman Richard H. Morris FCIArbI chaired meetings <strong>of</strong> the Board on 7 February <strong>2011</strong>, 11 April<strong>2011</strong>, 13 June <strong>2011</strong>, 5 September <strong>2011</strong>, 24 October <strong>2011</strong>and 5 December <strong>2011</strong> as well as attending the two meetings<strong>of</strong> the Board <strong>of</strong> Trustees in May <strong>2011</strong> and November <strong>2011</strong>.The business <strong>of</strong> the Board <strong>of</strong> Management included receivingreports from the President, the Standing Committees andBoards and the Executive as always.Committee Chairs during <strong>2011</strong> were: Rowena Mulcahy,replaced on retirement in May <strong>2011</strong> by Pauline Makepeace(Education and Membership), Charles Brown (ExaminationsBoard), John Price (Panels Management Group) andThomas Halket (Practice and Standards).The main items <strong>of</strong> note, other than administrative matters,dealt with in the meetings included:At the February meeting: the draft, unaudited combinedresults at the end <strong>of</strong> 2010 were reviewed. The Board notedthe 2010 surplus <strong>of</strong> £241k with approval.The Board received a proposal to hold Congress 2012 fromthe Scottish Branch and a second proposal from Kenyabranch which was handed to members, having beenreceived at Bloomsbury Square that morning. The Boardagreed that the Executive should seek further details fromthe two branches on the planned agenda, branch events ifany, and a budget estimate.The Board agreed that the March meeting <strong>of</strong> the PanelsManagement Group should trial a web conferencing systemand report to the next Board <strong>of</strong> Management meeting.At the April meeting: the Board confirmed its out <strong>of</strong> sessionbusiness and resolved that the Board <strong>of</strong> Trustees shoulddirect the Executive to open negotiations with the intention <strong>of</strong>purchasing 14 Bloomsbury Square, and to put the process<strong>of</strong> calling an EGM in place immediately, for the purpose <strong>of</strong>approving the necessary loan to give effect to that purchase.The Board went on discuss the Governance Tribunal Reportand its publication to the membership.The Board noted that the Marketing Department wasdeveloping the <strong>Institute</strong>’s marketing in relation to the verysuccessful room hire business, 12 Bloomsbury Square.Congress 2012 was discussed with the costed proposalsfrom Kenya and Scotland and it was decided that the 2012Congress should take place in Scotland.At the June meeting: discussions included a Post FellowshipWorking Group Report, the new website for 12 BloomsburySquare, real estate issues in relation to the purchase <strong>of</strong> No.14 and ways to reduce costs for alternatives to physicalattendance at meetings.At the September meeting:the Director General’s retirement wasannounced with discussion as to the recruitment process forhis successor.The Governance Tribunal Report’s recommendations werediscussed. Due to the number <strong>of</strong> recommendations and thefact that the paper itself had been delayed from the June<strong>2011</strong> meeting, it was agreed that the Board <strong>of</strong> Management(BoM) discuss the paper by email until the end <strong>of</strong>September. The paper would then be re-circulated forconsideration at the October BoM.As part <strong>of</strong> CIArb’s ongoing learned society aims, it was notedthat the <strong>Institute</strong> would publish Ken Salmon’s compendium<strong>of</strong> adjudication cases from the Journal.At the October meeting: the Board welcomed the incomingpresident, Jeffrey Elkinson.One <strong>of</strong> the two main items for discussion was the Budgetfor 2012.◆ The 2012 budget forecasts an operating loss <strong>of</strong> £92,000(including Angel Gate).◆ The Investment Fund is managed by Saracen FundManagers Ltd., one <strong>of</strong> the funds recommended by theCharity Commission. CIArb has not increased itsinvestment fund over the past two years, due to thecurrent economic downturn and potential loss <strong>of</strong> assets,but had instead built up its cash reserves thus reducingthe traditional borrowing requirement needed in the lastquarter by some £220,000.◆ Longer term, the reduction in fixed costs, as the AngelGate lease ends in 2015 and the mortgage repayments onNos. 12/13 Bloomsbury Square are completed in 2021will leave CIArb in a significantly better financial position.The report <strong>of</strong> Michael O’Reilly, the editor <strong>of</strong> the Journal, wasnoted with thanks as was news that the Editor was seekingreappointment for 2012.The Governance Tribunal Report was again on the agendaand was discussed with a Report to be taken forward to theBoard <strong>of</strong> Trustees for consideration.The Experienced Practitioner Route to Fellowship wasdiscussed and recommendations made to the Board <strong>of</strong>Trustees for approval.At the December meeting: we welcomed the newHonorary Treasurer, Michael Stephens, to the Board.CIArb <strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>: Reports from the Boards, Committees and Executive – Board <strong>of</strong> ManagementPage 07


<strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>Suggestions for the implementation <strong>of</strong> the recommendations<strong>of</strong> the Governance Tribunal Report were noted as being withthe Chair <strong>of</strong> the Board <strong>of</strong> Trustees for his approval. Onceagreed, a timescale for implementation would be presentedto the Board <strong>of</strong> Management.I again noted my concern that the Board needed to refreshits membership as soon as possible. The Board approvedthe Chair <strong>of</strong> the Young Members’ Group for membership <strong>of</strong>the BoM and noted that we were actively seeking additionalmembers to further strengthen the Board as well asincreasing the extent <strong>of</strong> liaison with the Executive by way <strong>of</strong>regular meetings and brainstorming sessions.The appointment process for the Board should be as openand transparent as possible, taking care to avoid an ‘OldBoys’ Club’ scenario and ensuring that those peopleselected for membership <strong>of</strong> the Board are both suitable andwilling to put in the required time.The Branches should be encouraged to be ‘head-hunters’,in order to identify members with the appropriate skills anddevelop a pool <strong>of</strong> talent, from which the Boards andCommittees can draw.Trademark issues were discussed as being a risk item forthe <strong>Institute</strong> and it is hoped that the Branches could beinvolved in the work <strong>of</strong> researching and implementingtrademarks for protection <strong>of</strong> our ‘brand’ worldwide.Discussions took place surrounding the ExperiencedPractitioner Route to membership and the Eminent Persons’Route, which would probably needs to be renamed, to avoidthere being two “EPRs”.Following the sale <strong>of</strong> IDRS Limited, the Executive had takenback the Presidential Panel Appointment scheme. TheFamily Arbitration Scheme was progressing quickly withLord Falconer coming on board as Chairman <strong>of</strong> thecompany. A company limited by guarantee was being set upas the entity at the head <strong>of</strong> the organisation. There will bethree stakeholder members namely CIArb, Resolution andthe Family Law Bar Association.Finally, I noted that I did not put myself forward for reelectionas Chair <strong>of</strong> the Board <strong>of</strong> Management at the Board<strong>of</strong> Trustees Meeting and that Charles Brown would be takingover in 2012. With the Board <strong>of</strong> Trustees having beenrefreshed and with the appointment <strong>of</strong> a new DirectorGeneral imminent, it is a good time to break from the pastand provide a fresh start for the Boards and Executive.It has been a real pleasure to work with the Directors andstaff over the last 20 years or so <strong>of</strong> Board, Council andCommittee service and I believe CIArb is in a strong positionand will be successful going forward.■EDUCATION AND MEMBERSHIP COMMITTEEChairman: Pauline Makepeace MCIArbThe members <strong>of</strong> the Education and Membership Committeein <strong>2011</strong> were: Louise Barrington FCIArb, Paul JensenFCIArb, Michael Joyce FCIArb, Pauline Makepeace MCIArb,Rowena Mulcahy FCIArb, Richard Mwongo, Stuart NessMCIArb, Rashda Rana FCIArb, Axel Reeg FCIArb, DavidBrynmor Thomas MCIArb, Michael Tonkin FCIArb Ex <strong>of</strong>ficioDoug Jones FCIArbThe Education and Membership Committee met twiceduring the year, in May and September; between meetingsany issues were discussed and decisions made, via email.There have been a number <strong>of</strong> changes to the composition <strong>of</strong>the committee during the year:◆ Rowena Mulcahy completed her three year term aschairman in June <strong>2011</strong> and was replaced by PaulineMakepeace. Rowena was invited to stay on thecommittee for the remainder <strong>of</strong> the calendar year;◆ resignations were received from Michael Joyce, RichardMwongo, Rowena Mulcahy and David Brynmor Thomas;◆ Paul Jensen, Stuart Ness and Michael Tonkin all joinedthe committee.During the year the committee:◆ approved a number <strong>of</strong> training courses to be run bybranches in various locations;◆ approved the addition <strong>of</strong> a general Introduction Coursecovering all forms <strong>of</strong> ADR to the existing group <strong>of</strong> courses;◆ approved a new guide for branches wanting to undertaketraining;◆ approved a number <strong>of</strong> courses under the RecognisedPage 08CIArb <strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>: Reports from the Boards, Committees and Executive – Board <strong>of</strong> Management & Education and Membership Committee


<strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>Course Provider scheme;◆ approved a new work book for Module 4 Decision Writingfor the Adjudication Pathway;◆ approved a new workbook for Module 1 Obligations andCivil Evidence for the Adjudication and Arbitration Pathways;◆ agreed, in principle, the creation <strong>of</strong> a consumeradjudication training course and a training course onDispute Boards if sufficient interest from the membershipcould be demonstrated;◆ agreed, in principle, to consider the development <strong>of</strong> PostFellowship Training Courses following the report <strong>of</strong> thePost Fellowship Working Party, Chaired by Neville Tait;◆ finalised the criteria for admission as a Fellow via theExperienced Practitioner Route for both arbitration andadjudication;◆ finalised the CPD scheme;◆ established a working party to review the operation <strong>of</strong>Peer Interviews leading to Fellowship;◆ advised the Executive on a number <strong>of</strong> issues concerningthe running <strong>of</strong> training courses;◆ advised the Executive on the suitability <strong>of</strong> applicantswishing to join the Approved Faculty List;◆ agreed to the establishment <strong>of</strong> a working party one-learning;◆ agreed a number <strong>of</strong> quality control measures to improvethe quality and efficiency <strong>of</strong> CIArb’s E&T function,including the appointment <strong>of</strong> Course Directors for eachPathway.■EXAMINATIONS BOARDChairman <strong>of</strong> the Examination Board <strong>2011</strong>: Charles Brown FCIArbThe members <strong>of</strong> the Examinations Board in <strong>2011</strong> werePauline Makepeace MCIArb, Domitille Baizeau ACIArb, JoeBehan FCIArb, Paul Marrow FCIArb, Charles Brown FCIArb,Robert Juniper FCIArb, John Barber FCIArb.Melanie Willems FCIArb has agreed to join the Board for 2012.The Examinations Board held three meetings in <strong>2011</strong> inFebruary, May and September.Charles Brown resigned as Chairman <strong>of</strong> the Board inDecember <strong>2011</strong> (having accepted the BoT invitation to chairthe Board <strong>of</strong> Management) and was succeeded by IanTrushell.During <strong>2011</strong> the Board continued with its prescribedresponsibilities dealing with complaints, appeals fromcandidates, review <strong>of</strong> faculty regulations and the consideration<strong>of</strong> mitigating circumstances affecting candidates’ performance.In addition the Board responded to a request from theDirector <strong>of</strong> Education and Training to reconsider its previousrejection <strong>of</strong> the use <strong>of</strong> laptop computers in examinationsbecause <strong>of</strong> the extensive and accepted use <strong>of</strong> laptopcomputers in examinations in jurisdictions in which CIArbhas branches, runs courses and undertakes examinationsand assessments.The Board reviewed the technical issues relating to theprovision <strong>of</strong> adequate security and the competing arguments<strong>of</strong> those who favour the use <strong>of</strong> laptops and those wh<strong>of</strong>avour the traditional requirement that examination answersare hand written, and resolved to carry out a pilot trial <strong>of</strong> theuse <strong>of</strong> laptops for examinations within the North Americanbranch in <strong>2011</strong>. The results <strong>of</strong> the trial will be reviewed bythe Board with appropriate follow up recommendations tothe BoM in 2012.In response to the Director General and BoM’s request thatthe Board and the Education and Membership Committeeco-operate as much as possible, the Board resolved toconvene a joint meeting with the E&M Committee whichtook place before the Board’s second meeting <strong>of</strong> the year inMay. This will be a continuing arrangement.Following discussion with the Director <strong>of</strong> Education andTraining, the Board agreed with the Director that it is essentialthat it receive comprehensive data about the results <strong>of</strong> allthe <strong>Institute</strong>’s examinations and assessments and noted theneed for the full co-operation <strong>of</strong> all branches running coursesand examinations to assist the Director in this regard. TheBoard was therefore pleased to note that in future, branchannual reports must include the results <strong>of</strong> examinations andassessments as required by the Director. The Board willreview the position at its first meeting in 2012.■CIArb <strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>: Reports from the Boards, Committees and Executive – Education and Membership Committee & Examinations BoardPage 09


<strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>PRACTICE AND STANDARDS COMMITTEEChairman: Thomas D. Halket C Arb, FCIArbThe members <strong>of</strong> the Practice and Standards Committee in<strong>2011</strong> were: Thomas D. Halket C Arb, FCIArb (United States)(Chairman), Andrew Bartlett FCIArb (UK), Wolf von KumbergFCIArb (UK), Adam Samuel FCIArb (UK), Nicholas GouldFCIArb (UK), Jeremy Lack ACIArb (Switzerland), ShawnConway FCIArb (Netherlands), Houston Putnam LowryFCIArb (United States), Lawrence Newman FCIArb (UnitedStates), Giovanna Kwong FCIArb (Hong Kong), BennarBalkaya MCIArb (Turkey), Michael Forbes Smith MCIArb (ex<strong>of</strong>ficioas Director General), Doug Jones FCIArb (ex-<strong>of</strong>ficio asPresident).The committee is composed <strong>of</strong> the followingSubcommittees and Working Groups:The Arbitration Subcommittee, whose members were:Adam Samuel FCIArb (UK) (Chair), Khory McCormick FCIArb(Australia), Guido Carducci FCIArb (Italy), Houston PutnamLowry FCIArb (United States), Douglas Reichert (United Statesand Switzerland), Sebastien Besson (Switzerland), JuliaZagonek (Russia), Jern Fei Ng (UK and Malaysia), MichaelForbes Smith MCIArb (ex-<strong>of</strong>ficio as Director General), DougJones FCIArb (ex-<strong>of</strong>ficio as President), Thomas D. Halket CArb, FCIArb (ex-<strong>of</strong>ficio as Chair <strong>of</strong> the PSC).The Adjudication Subcommittee, whose members were:Nicholas Gould FCIArb (UK) (Chair), Matthew Molloy FCIArb(UK), Philip Fidler FCIArb (UK), Rob Horne FCIArb (UK),Susan Francombe MCIArb (UK), William Webb (UK), JeremyGlover (UK), John Riches FCIArb (UK), Michael Forbes SmithMCIArb (ex-<strong>of</strong>ficio as Director General), Doug Jones FCIArb(ex-<strong>of</strong>ficio as President), Thomas D. Halket C Arb, FCIArb(ex-<strong>of</strong>ficio as Chair <strong>of</strong> the PSC).The Mediation Subcommittee, whose members were:Jeremy Lack ACIArb (Switzerland) (Chair), Christopher LauFCIArb (Singapore), Andrew Burr ACIArb (UK), Giovanni deBerti FCIArb (Italy), Pete Michaelson FCIArb (United States),Mercedes Tarrazon FCIArb (Spain), David Cornes FCIArb(UK), Michael Forbes Smith MCIArb (ex-<strong>of</strong>ficio as DirectorGeneral), Doug Jones FCIArb (ex-<strong>of</strong>ficio as President),Thomas D. Halket C Arb, FCIArb (ex-<strong>of</strong>ficio as Chair <strong>of</strong> thePSC). As <strong>of</strong> December, <strong>2011</strong>, Tim Hardy FCIArb (UK)become the Chair <strong>of</strong> the Mediation SubcommitteeThe Technology Subcommittee, whose members were:Mohamed Abdel Wahab FCIArb (Co-Chair) (Egypt), ThawSing Chong FCIArb (Malaysia), Richard Stephens FCIArb(UK), Christopher To FCIArb (Hong Kong), Raimund WalchMCIArb (Germany), Pete Michaelson FCIArb (United States),Steven Certilman FCIArb (United States), James BridgemanFCIArb (Ireland), Michael Forbes Smith MCIArb (ex-<strong>of</strong>ficio asDirector General), Doug Jones FCIArb (ex-<strong>of</strong>ficio asPresident), Thomas D. Halket C Arb, FCIArb (Co-Chair <strong>of</strong> theSubcommittee and ex-<strong>of</strong>ficio as Chair <strong>of</strong> the PSC). As <strong>of</strong>October, 2012, Mohamed Wahab became the sole Chair <strong>of</strong>the Technology Subcommittee.The Dispute Resolution Board Working Group, whosemembers were: Wolf von Kumberg FCIArb (UK) (Chair),Michael Cover FCIArb (UK), Michael Forbes Smith MCIArb(ex-<strong>of</strong>ficio as Director General), Doug Jones FCIArb (ex<strong>of</strong>ficioas President), Thomas D. Halket C Arb, FCIArb (ex<strong>of</strong>ficioas Chair <strong>of</strong> the PSC).The Med-Arb Working Group, whose members were:Giovanni de Berti FCIArb (Italy), Jeremy Lack ACIArb(Switzerland), Andrew Burr ACIArb (UK), Michael CoverFCIArb (UK), Wolf von Kumberg FCIArb (UK), Niall LawlessFCIArb (UK), Giovanna Kwong FCIArb (Hong Kong), NicholasGould FCIArb (UK), Khory McCormick FCIArb (Australia),Guido Carducci FCIArb (Italy), Michael Forbes Smith MCIArb(ex-<strong>of</strong>ficio as Director General), Doug Jones FCIArb (ex-<strong>of</strong>ficioas President), Thomas D. Halket C Arb, FCIArb (ex-<strong>of</strong>ficio asChair <strong>of</strong> the PSC). Currently, the Med-Arb Working Group iswithout a Chair and the Committee as a whole is consideringwhether there is sufficient worldwide interest in the med-arbprocess to justify continuation <strong>of</strong> the Working Group.One <strong>of</strong> the Committee’s areas <strong>of</strong> responsibilities is theoversight and preparation <strong>of</strong> the Guidelines which appear onCIArb’s website. Thus, during <strong>2011</strong> the Committee continuedits work to update and expand them. Various existingGuidelines were updated to reflect the ever-increasing number<strong>of</strong> legislative and rule changes in international arbitrationaround the world. The Adjudication Subcommittee prepareda new Guideline on jurisdiction and, the Arbitration,Adjudication, Mediation and Technology Subcommittees arein the process <strong>of</strong> preparing new Guidelines which areexpected to be issued in 2012.The Committee also decided this year to internationalize all<strong>of</strong> the Guidelines except for those which dealt with solely UKrelated issues. Accordingly, the Committee commencedpreparation <strong>of</strong> three versions – namely international, UNCITRALModel Law and UK versions – <strong>of</strong> most Guidelines. So far,seven Guidelines have been internationalised, all by the work<strong>of</strong> the Arbitration Subcommittee, and others are in progress.The Committee worked on a number <strong>of</strong> projects during theyear to further CIArb’s position as a learned society. TheTechnology Subcommittee represented the Committee andthe <strong>Institute</strong> at the UNCITRAL working group meetings onOnline Dispute Resolution. It is working with WIPO toPage 10CIArb <strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>: Reports from the Boards, Committees and Executive – Practice and Standards Committee


<strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>develop an educational program on intellectual propertyarbitration and mediation to be held in Q4 2012 or Q1 2013.Other program topics under consideration by the Committeeinclude dispute resolution boards and use <strong>of</strong> informationtechnology in arbitration.Another project the Committee undertook last year was acontinuation <strong>of</strong> the publication <strong>of</strong> its Technotes series. ATechnote on How To Handle Electronic Records waspublished last year and more are in process for publicationin 2012.In addition to its continuing work on these matters, theCommittee has a number <strong>of</strong> projects under consider orunder way. For example, the Dispute Resolution BoardWorking Group is working with the Executive to organize abriefing for the <strong>Institute</strong>’s members on the use <strong>of</strong> theseboards. The purpose <strong>of</strong> the briefing is to acquaint memberswith the functioning <strong>of</strong> dispute boards and determinewhether there is interest to formalise their treatment withinthe <strong>Institute</strong>.The Technology Subcommittee is considering a survey <strong>of</strong> E-arbitration providers. Likewise, the Mediation Subcommitteeis considering what projects might be undertaken toadvance the role <strong>of</strong> mediation as a method <strong>of</strong> alternativedispute resolution.Finally, a major project <strong>of</strong> the Committee as whole, is aplanning study on enhancing its work to ensure that itcontinues to respond to the needs <strong>of</strong> <strong>Institute</strong> memberswithin its remit. It is expected that the study will be completedin Q2 <strong>of</strong> 2012 and that action can be taken shortly thereafteron the resulting recommendations.■PROFESSIONAL CONDUCT COMMITTEEChairman: Mark Entwistle FCIArbIn January <strong>2011</strong> John Rushton joined the committee andMark Entwistle became the new chairman <strong>of</strong> the Committeefollowing the resignation <strong>of</strong> Arthur Harverd.Mark Entwistle’s term <strong>of</strong> <strong>of</strong>fice expired in October <strong>2011</strong>. TheBoard <strong>of</strong> Trustees have re-appointed Mark’s term <strong>of</strong> <strong>of</strong>ficefor a further term <strong>of</strong> three years.The full Membership is now as follows:<strong>Institute</strong> Members: Mark Entwistle (Chair), His Hon. PeterBowsher QC, Tony Canham, Sir Peter Cresswell, MichelKallipetis QC, John Rushton, Eugen Salpius.Lay Members: Martin Dudley, Neil Menzies, Olivia Morrison-Lyons.The Committee continues to be assisted by Tony Marks, the<strong>Institute</strong>’s Director <strong>of</strong> Legal Services, and SandraGreenaway, who serves as Secretary.In <strong>2011</strong> the committee dealt with the following cases:Cases Dismissed as Category A cases:◆ Four cases were dismissed as showing no evidence <strong>of</strong>misconduct.Category B Cases:◆ One matter that was categorised as a Category B casei.e. the member having brought the <strong>Institute</strong> intodisrepute, was dealt with by the Chairman <strong>of</strong> the PCCand the Director <strong>of</strong> Legal Services holding a meeting withthe member concerned, which led to the member notrenewing his membership due in January <strong>2011</strong>.◆ The matter referred to a Tribunal in 2010, was heard bythe Tribunal on 27 April <strong>2011</strong>. The decision <strong>of</strong> the Tribunalappeared in the November <strong>2011</strong> edition <strong>of</strong> the Journal.◆ The committee has referred a further matter to a Tribunal.A Presenter has been appointed and is currentlypreparing an indictment in this matter.Matters withdrawn:◆ One matter was withdrawn as a complaint, as the partieswere able to settle the matter between them.◆ The committee made a decision to close two complaintsreceived as no further correspondence was received fromthe complainants pursuing the complaint.New cases still being processed:◆ Four new complaints received by the <strong>Institute</strong> arecurrently being dealt with.■CIArb <strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>: Reports from the Boards, Committees and Executive – Practice and Standards CommitteePage 11


<strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>PANELS MANAGEMENT GROUPChairman: John Price FCIArb (Arbitration and Mediation)The members <strong>of</strong> the Panels Management Group (PMG), all<strong>of</strong> whom have been approved for 2012 are The President,John Price (Chairman), Derek Simmonds (ArbitrationConvenor), Eric Mouzer (Adjudicator Convenor), JohnRedmond, Mair Coombes-Davies (IDRS Link), SandraCassels (Scotland), Tinuade Oyekunle (Africa), TonyHoughton SC (East Asia), Peter Megens (Australia), DrSuzanne Kratsch (Europe), Michael Tonkins (Middle East andIndia), Larry Schaner (North America).The PMG has a full complement <strong>of</strong> representatives from themost active regions with the exception <strong>of</strong> the Indian Sub-Continent.The uptake <strong>of</strong> Panel Appointment Certificates (PACS)continued during <strong>2011</strong>. PAC’s issued stand at Arbitration404, Adjudication 149, Mediation 92. There remain 158arbitrators, 133 adjudicators and 20 mediators that are onthe panels who have not yet applied for PAC’s.Regional Peer <strong>Review</strong> Panels (PRPs) are now in place forAustralasia, Europe, West Africa, East Asia and the UnitedKingdom. Work is continuing to establish panels for NorthAmerica and the Middle East/India Sub-Continent. For EastAfrica a PRP is now in place although some further nameswill be considered once they have PAC’s.The pool <strong>of</strong> approved interviewers for <strong>Chartered</strong> Arbitratorinterviews continues to expand and now comprises 25 UKinterviewers and a further 38 worldwide. All the interviewersare eligible to carry out interviews anywhere in the worldsubject to the protocol in the Guidance.The PMG continued to support the formation <strong>of</strong> branchpanels and schemes as a source <strong>of</strong> appointment for branchmembers but activity has been low.The CIArb requires a potential neutral to sign a declarationbefore receiving an appointment and a feedback form issent to the parties requesting feedback on the performance<strong>of</strong> the neutral following completion. The PMG is in thecourse <strong>of</strong> renewing/updating both sets <strong>of</strong> forms.The Post-Fellowship Working Party report was approved bythe Board <strong>of</strong> Management and implemented by the PMG viathe Guidance.Following the sale <strong>of</strong> IDRS Presidential Appointments <strong>of</strong><strong>Arbitrators</strong>, Adjudicators and Mediators are now againadministered in-house by the CIArb. The appointmentprocedures are currently under review and an exercise isplanned to reorganise the Neutrals database used tosuggest Arbitrator, Adjudicator and Mediator appointmentsfor the President, including the means <strong>of</strong> inputting CPDrecords and recording which PAC’s are held by eachmember.The Guidance has been kept under review and updated anda PMG sub-committee formed to review and update theprocedures and paperwork for all panel interviewers.The PMG reported its views on the CPD report to the BOM.Attendance at PMG meeting by video conference has beenused at three meetings and on the whole was satisfactoryand will continue to be used to reduce travel costs. ■Page 12CIArb <strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>: Reports from the Boards, Committees and Executive – Pr<strong>of</strong>essional Conduct Committee & Panels Management Group


<strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>EDITORIAL BOARDChairman: Michael O’Reilly FCIArb, Editor <strong>of</strong> Arbitration: the International Journal <strong>of</strong> Arbitration,Mediation and Dispute ManagementAt the end <strong>of</strong> 2010 I became Editor following the retirement<strong>of</strong> Derek Roebuck after a decade at the helm.During Derek’s stewardship the Journal became one <strong>of</strong> theleading academic and practitioner periodicals in its field. I amsure I speak for all members when I express our gratitude tohim for what he achieved for us all. As can be seen from aglance even now at the title page <strong>of</strong> the Journal, he remainson the Editorial Board and I am grateful to him for hiscontinuing input. As a mark <strong>of</strong> the esteem in which he is held,the <strong>Chartered</strong> <strong>Institute</strong> has bestowed upon him the position<strong>of</strong> Editor Emeritus and has also instituted the <strong>Annual</strong>Roebuck Lecture series.In addition to Derek and myself, the Editorial Board in <strong>2011</strong>comprised: Gordon Blanke, our Book reviews editor;Dominique Brown-Berset; Hew Dundas; Arthur Harverd;Tony Marks and Tamara Feldman. The Board was assistedby secretaries Naoimh McNamee and Helen Chowaniec.I am grateful to them all for their support.Since the start <strong>of</strong> <strong>2011</strong> we have continued the sameeditorial policy as established by Derek Roebuck. It is toserve all members equally, wherever they are and whatevertheir relevant interests, assisting CIArb to increaseunderstanding <strong>of</strong> all aspects <strong>of</strong> dispute management byfostering and publishing research and debate. We aremindful <strong>of</strong> the educational and research duties placed on usby the charter and we are committed to assisting the<strong>Chartered</strong> <strong>Institute</strong> to comply with those duties.We are making progress encouraging key speakers, such asthe Alexander Lecturer, to provide written text. Only a smallpercentage <strong>of</strong> members are able to attend these events andit is part <strong>of</strong> our mission to enable all members to participatethrough the text versions <strong>of</strong> these presentations. This issomething we need to work on over the next phase <strong>of</strong>development.In <strong>2011</strong> all numbers were produced on time and for that weare grateful both to our text editor Susan Faircloth and thestaff at our publisher Sweet & Maxwell. I can confirm thatshe plays a vital role in ensuring that text quality ismaintained and that production is <strong>of</strong> the standard thatmembers are entitled to expect.We received much more copy material throughout <strong>2011</strong>than we were able to print. It originates from a large number<strong>of</strong> jurisdictions, reflecting the global status <strong>of</strong> the Journal andthe <strong>Chartered</strong> <strong>Institute</strong>. I am grateful to all those authors fortheir submissions and I invite contributions. For thoseauthors who have not been successful on a first occasion,we look forward to receiving further material.The first issue <strong>of</strong> <strong>2011</strong> celebrated the Australian background<strong>of</strong> the incoming president, Doug Jones, with a series <strong>of</strong>articles focusing on Australia. In the remaining issues, wehad articles from a large number <strong>of</strong> jurisdictions on a widevariety <strong>of</strong> dispute resolution topics.I look forward to working further with the Director Generaland his staff as well as the various relevant committees andthe Trustees, to develop the Journal further so as to serve allmembers and enhance the standing <strong>of</strong> the <strong>Chartered</strong><strong>Institute</strong> worldwide.■CIArb <strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>: Reports from the Boards, Committees and Executive – Editorial BoardPage 13


<strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>THE EXECUTIVEDirector General: Michael Forbes Smith MCIArbYou will all have been aware to a greater or lesser degree <strong>of</strong>the governance disruptions over the past three years thatresulted in Sir Anthony Evan's Governance Tribunal. Thoughimpossible to quantify exactly, they definitely hit our bottomline for <strong>2011</strong>. Nevertheless, as at 31 January 2012, our (preaudit)results for <strong>2011</strong> look significantly better than breakeven,even more so when the unrealised loss on ourinvestment portfolio and other exceptional items are takeninto account.As Sir Anthony noted, ‘throughout the period the <strong>Institute</strong>continued to flourish in its core activity’; indeed <strong>2011</strong> hasbeen an outstandingly successful year on several fronts,including as regards financial stability. I will have retired by thetime you read this valedictory annual report which focusespositively, unlike some <strong>of</strong> my former ambassadorial peers’valedictory despatches, on how we have built a solid basefor an exciting future. With that in mind, let me remind you <strong>of</strong>CIArb’s vision:“for the CIArb's global reputation to be so high that allinvolved in private dispute resolution throughout the worldwill wish to join and support us”.We don’t use it <strong>of</strong>ten enough. Everything we want to achieveis written there.MembershipContrary to the pessimistic perceptions <strong>of</strong> some observers,many did join us. At the end <strong>of</strong> <strong>2011</strong> we had 12,270members – our best result ever with annual growth <strong>of</strong> 3.8%.Over the last five years (2006-<strong>2011</strong>) membership has grownby 12.2%. Growth has been truly international, with now 36Branches, 36 Chapters and two groups covering 110countries: six Branches and 22 Chapters more than when Ijoined in February 2006.The UK membership is now only 42.4% <strong>of</strong> the whole, and inEngland and Wales specifically, membership fell by 1.3%.Change in the English domestic dispute resolution environmenthas been particularly uncomfortable since 1996 though wedo hear anecdotally <strong>of</strong> some revival in domestic constructionarbitration possibly because <strong>of</strong> increasingly scleroticadjudication processes. What is clear is that the non-lawyerEnglish member in particular has to be much more versatile– multi disciplinarian – than his or her forebears to expect tobe successful. The institute will never abandon the fullPathway to Fellowship for the non-lawyer – it is the bedrock<strong>of</strong> our training. But we have also still to make serious inroadsinto the potential membership pool <strong>of</strong> the internationalcommercial arbitral and dispute resolution communitieswithin the English legal pr<strong>of</strong>ession – avital task. Our relevance for practitionerselsewhere in the world is beingincreasingly recognized. In North America we have anenergetic burgeoning Branch. In the rest <strong>of</strong> Europe againthings are moving. The Middle East and Africa are home tosome <strong>of</strong> our fastest growing Branches. But we need to domuch more still to raise our pr<strong>of</strong>ile, stature and thusattractiveness both to senior practitioners and newcomersto dispute resolution alike.EventsWith this in mind we have upgraded our events planningand delivery. Our new in-house events team, in partnershipwith the Australian Branch, brought our Asia Pacificconference to hugely successful fruition in Sydney on 27-28May followed by our first truly international arbitrationconference in London for many years – on Costs <strong>of</strong>International Arbitration - in September. I must thank ourthen President Doug Jones for the enormous efforts he putin to ensuring their success together with, in Sydney JohnWakefield and the Australian Branch and in London HHHumphrey Lloyd. In addition to the immediate success, thespin-<strong>of</strong>fs from Sydney include a renewed impetus to ourwork on technology and the ethical dimensions <strong>of</strong> its use,supported by Lord Peter Goldsmith. In London we set <strong>of</strong>f ananimated discussion on costs in different jurisdictions andwill be working with the Association <strong>of</strong> Swiss <strong>Arbitrators</strong>,other European arbitral institutions and United NationsCommission on International Trade Law (UNCITRAL) to helpbring further transparency to this opaque issue.Both Dame Hazel Genn and Sir Vivian (The Hon Mr Justice)Ramsay spoke at our 4th Mediation Symposium in London.Lord Phillips, President <strong>of</strong> the English Supreme Court, inaddition to becoming our new Patron, gave a rivetingpresentation on “Dallah at home and away” at our nowannual Alexander Lecture.MarketingWe have revolutionised our Communications and Marketingover the past five years, with our monthly electronic “esolver”,the quarterly The Resolver magazine and the newwebsite which is continuously being upgraded. In addition,in <strong>2011</strong> the measurable output <strong>of</strong> the marketing team interms <strong>of</strong> “Advertising Value Equivalent (AVE)", what the printcopy generated by the team would have cost had we had topay for it, was around £104,310; with a “people reach” <strong>of</strong>40.5m. Not bad going.Page 14CIArb <strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>: Reports from the Boards, Committees and Executive – The Executive


<strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>Education and Academic AffairsOur Education and Academic Affairs department has had adifficult three years, partly related to senior staff turnover andthe governance disruptions that led to the GovernanceTribunal. In addition trading conditions were very difficult in<strong>2011</strong>. However, things are changing with our recruitmentlast April <strong>of</strong> Yvonne Hanly, formerly <strong>of</strong> RICS, as Director <strong>of</strong>Education and Academic Affairs. Our immediate objective isto adjust our priorities to meet demand. We will <strong>of</strong>fer moreaccelerated routes to meet the shift in participant pr<strong>of</strong>ilefrom non-lawyers to lawyers, introduce electronic delivery,streamline our administrative function even further andupdate and pr<strong>of</strong>essionalise the underlying Pathwaysprogramme.However, the long term answer is to move towards somekind <strong>of</strong> accreditation business model whereby BloomsburySquare ceases training centrally. This is only an extension <strong>of</strong>our existing Recognised Course Provider concept with 23academic institutions worldwide paying for the privilege <strong>of</strong>accreditation so far. The Department’s workload is constantlyincreasing both in policy, administration and delivery as ourmembership, Branches and Chapters grow and ouraspirations increase.So such a move will free up the Department’s staff to focuson their core roles <strong>of</strong> course development, accreditation,standard-setting, brand/quality control, assessment,administration and logistics – and supporting Brancheswhose courses will continue to be a crucial factor in recruitingand retaining members. This will require significantdevelopment resource in the short term but the end resultwill be both a much better service and a pr<strong>of</strong>itable one.One particularly exciting innovation, led energetically for the<strong>Institute</strong> by Tony Marks, our Legal Services Director, hasbeen the Family Arbitration Scheme, which will be launchedin March after three years <strong>of</strong> steadfast application. This takesus into entirely new ground and I hope will provide a modelwe can use to work our way into other non-traditional sectorswhere disputes need resolving and we can demonstratepublic benefit while increasing our training income andmembership.Our overriding “Learned Society” objective must be to useour output <strong>of</strong> vocationally-slanted academic work at the"coalface" <strong>of</strong> dispute resolution to confirm our position asthe leading pr<strong>of</strong>essional body in the field. The Journal’sstanding as an internationally-regarded addition to theacademic literature with a twist – the input <strong>of</strong> the expertpractitioner – under its new editor Michael O’Reilly, is a keypart <strong>of</strong> that project. I have mentioned the spin-<strong>of</strong>fs from our<strong>2011</strong> Sydney and London conferences. Such opportunitiesto demonstrate our learned society and thought leadershipcredentials further vindicate our decision to recruit an inhouseevents team. Our intern and awards programmescontinue to develop, <strong>of</strong>fering further future researchresource.GovernanceThe Governance Tribunal confirmed our governance structure,but made many recommendations to fine-tune the way itoperates. The process <strong>of</strong> formalising the changes iscumbersome but our aim is to complete the work in 2013.Meanwhile the decision <strong>of</strong> five Trustees to stand down led toa "mid-term" ballot to advise the Board <strong>of</strong> Trustees on theirappointment <strong>of</strong> replacement Trustees, which produced awelcome and impressive refreshment to the Board. Theoutcome <strong>of</strong> the November <strong>2011</strong> Board <strong>of</strong> Trustees' meetingfully reflected their promise. I must also mark the debt the<strong>Institute</strong> owes to John Wright who, as Chairman <strong>of</strong> the Board<strong>of</strong> Trustees has steered it so effectively through troubledwaters to where we are today. CIArb is fortunate to have itsgovernance now in such competent and intellectuallystimulating hands,IDRSA few English members have been particularly concerned atthe sale last November <strong>of</strong> IDRS Ltd, our wholly-ownedsubsidiary consumer redress business, to CEDR. I ampleased to have this opportunity to clarify why that decisionwas made. When the <strong>Institute</strong>’s consumer redress schemesbusiness was hived <strong>of</strong>f to IDRS Ltd at the end <strong>of</strong> 2006, itwas consuming almost half the Secretariat’s (now known asThe Executive) human resources and making a considerableloss (£61,500 in 2003-5), while providing occasionalappointments for less than 2% <strong>of</strong> the membership livingoverwhelmingly in England. That situation, added toincreasing concerns about risk and potential liability, made itsfuture within the <strong>Institute</strong> untenable.The Company made a pr<strong>of</strong>it in its second year <strong>of</strong> operationbefore the global recession really hit, with a series <strong>of</strong>unexpected and damaging impacts. Without the capitalinvestment or scales <strong>of</strong> operation available to our competitors,the need to seek a trade sale at some point became inevitable.By doing so last November, the <strong>Institute</strong>’s ownership <strong>of</strong>IDRS Ltd has proved to be financially positive overall, takinginto consideration our additional income from room hire,staffing reductions in Bloomsbury Square, rent on our AngelGate premises and the purchase price paid for the Company.CIArb <strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>: Reports from the Boards, Committees and Executive – The ExecutivePage 15


<strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>I am convinced that we withdrew from this commercialbusiness at just the right time. Two other comments relatingto English members’ concerns are pertinent. First, ourtraditional model <strong>of</strong> appointing “external” neutrals (i.e.<strong>Institute</strong> Panel members) to consumer redress cases is nolonger competitive. At the same time, the English consumerdispute resolution marketplace is now policed much morerigorously as regards to acceptable standards <strong>of</strong> service, sothe option proposed by some members <strong>of</strong> newly qualifiedpractitioners taking appointments in the name <strong>of</strong> the<strong>Institute</strong> pro bono to gain experience is simply not possible.It is very difficult to justify CIArb centrally providing servicesto any particular geographically-favoured group <strong>of</strong> membersthat is unavailable to the majority. But we will always continueour long-standing commitment to assist Branches as far aspossible to provide locally the services their members’ desire.There is also a second silver lining, which we hope will benefitour Presidential Panel members (<strong>Chartered</strong> <strong>Arbitrators</strong> andthose members on the Statutory Adjudication and MediationPanels). We have brought the administration <strong>of</strong> thePresidential Panels back “in-house” and have recruitedexpert staff to focus on increasing both the visibility and use<strong>of</strong> them.The initial indications look encouraging with 11 appointmentsmade in January alone. We have also retained the CityDisputes Panel which we hope to develop as a flagship forthe <strong>Institute</strong>’s international reputation, focused on high-valueCity contracts, high net worth individual claims or multipleclaims cases against major companies.A further benefit from the sale has been a warmer, complementaryrelationship with CEDR, with whom we have agreed aProtocol to seek further cooperation. A first joint mediationresearch workshop with academics will be held in March.12 Bloomsbury Square LtdThose <strong>of</strong> you who require meeting rooms in London, whetherfor arbitrations, mediations or other business events, doplease consider using 12 Bloomsbury Square Ltd. The newwebsite www.ciarb.org/12bloomsburysquare is worth alook. Despite the general economic gloom our room hirebusiness turned over £560,000 last year.In Support <strong>of</strong> OperationsPerhaps the greatest triumph for the support function in<strong>2011</strong> was our purchase <strong>of</strong> 14 Bloomsbury Square. Theopportunity to buy the freehold appeared quite suddenly lastspring. The idea had been shelved two years ago when theasking price was simply too high: we finally bought at theattractive price <strong>of</strong> £1.7m. We still have four years <strong>of</strong> anextremely restrictive and expensive 25 year lease on ourAngel Gate premises to run (an object lesson, were anyneeded, <strong>of</strong> the false economy <strong>of</strong> getting advice or workdone on the cheap). But the net result <strong>of</strong> the purchase <strong>of</strong> No14 Bloomsbury Square, the run-<strong>of</strong>f <strong>of</strong> our mortgage on Nos12 and 13 and the ending <strong>of</strong> the Angel Gate lease meansthat our annual accommodation overhead will reduce by£350,000 in three stages in 2016, 2021 and 2031 while ournet assets continue to grow, as they have by 22%, from£3.74m to £4.57m between 2007 and 2010. In 2007£450,000 was withdrawn from our investment portfolio toinvest in IDRS Ltd and to provide cash flow.I am pleased to say that over the past four years themanagement <strong>of</strong> our cash flow has steadily improved. Wewere able to transfer £300,000 back to the portfolio fromincome in 2008 and by December 2010, despite theunrealised losses from the 2008 stock market crash it hadreturned to its 2006 value. Even after the <strong>2011</strong> downturn theportfolio still stood at £846,000 on 31 January this year. Sonot only did our operational activities increase dramatically in<strong>2011</strong>, we were also able to garner our reserves and longterm financial stability.As a result, the Trustees have agreed that we have theheadroom to look at our operational planning in the full light<strong>of</strong> the encouraging longer term financial outlook. We will bebuilding on the exciting momentum and the step change inthe <strong>Institute</strong>’s pr<strong>of</strong>ile we achieved in <strong>2011</strong>, particularly inLondon. We recognise that this does require a modestsubscriptions increase in 2012 (the first rise in four years)and a small budget deficit in the immediate short term. ■Page 16CIArb <strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>: Reports from the Boards, Committees and Executive – The Executive


<strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>2012In 2012 our pr<strong>of</strong>ile raising will continue by exhibiting orsponsorship including at the Worshipful Company <strong>of</strong><strong>Arbitrators</strong> UK Mediation competition, ICC annual MediationCompetition, IBA Arbitration day, the Vienna and East Asiavis moots, Civil Mediation Council conference, AdjudicationSociety conference, ICCA and the IBA <strong>Annual</strong> ConferenceArbitration Committed dinner. We are supporting CIArbbrandedfringe events led by local Branches alongside majorevents including a tea reception preceding ICCA (Singapore,June), an open member invitation to the CIArb WorldCongress Gala dinner in Edinburgh, Scotland in Novemberand possibly a reception during the IBA <strong>Annual</strong> Conference(Dublin, September/October).The European branch are holding their annual conference inMadrid, in April. Centrally-organised events are expected toinclude a series <strong>of</strong> evening seminars, joint CIArb/CEDRevents, the 5th Mediation Symposium, Roebuck andAlexander Lectures. Looking forward to 2013 we hope to besupporting a North American Branch energy arbitrationconference in Houston, Texas. And <strong>of</strong> course, all ourtraining, education development and Learned Society plansoutlined above, in addition to the improved membershipserves and marketing programmes are already underway.EnvoiIt has been a privilege to serve as Chief Executive Officer <strong>of</strong>the <strong>Chartered</strong> <strong>Institute</strong> <strong>of</strong> <strong>Arbitrators</strong> for six years. Thestature <strong>of</strong> the <strong>Institute</strong> following this year’s events standshigher than ever before; I believe there is an exciting futureahead despite all the current international economic andpolitical travails around us. I would like to thank andcongratulate in particular Doug Jones, who has led the<strong>Institute</strong> both as Chairman <strong>of</strong> the Board <strong>of</strong> Trustees and asPresident for <strong>2011</strong> in the most outstanding manner, andJohn Wright, whose selflessness as current Chairman <strong>of</strong> theBoard <strong>of</strong> Trustees I have already mentioned. It was aprivilege to work with both Mark Entwistle and Peter ReesQC as Chairmen <strong>of</strong> the Board <strong>of</strong> Management, who wereconstantly supportive <strong>of</strong> myself, the Executive and ouraspirations for the <strong>Institute</strong>.I welcome Charles Brown, who will be known to most <strong>of</strong> theUK membership as Chairman <strong>of</strong> South East Branch and <strong>of</strong>the Examinations Board, to the hot seat <strong>of</strong> Chairman <strong>of</strong> theBoard <strong>of</strong> Management. He will have the task <strong>of</strong> inducting mysuccessor who will be announced I hope in March. Lastly Ishould like to thank my own outstanding senior management;Nicki Alvey, Claire Hughes, Tony Marks and Yvonne Hanly.The successes outlined above are very largely due to themand the remarkable teams they mentor and energize in theExecutive. I wish the CIArb and all its members every goodwish for the future.■CIArb <strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>: Reports from the Boards, Committees and Executive – The ExecutivePage 17


<strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>INTERNATIONAL BRANCH REPORTSAUSTRALIA BranchChairman: John Wakefield FCIArbThe Branch has maintained its focus this year on strategicpolicy objectives including:◆ To ensure that membership <strong>of</strong> the <strong>Institute</strong> is recognizedas a qualification which is <strong>of</strong> value domestically andinternationally;◆ To provide leadership and accreditation, policydevelopment and domestic and international commercialdispute resolution;◆ To raise awareness <strong>of</strong> the advantages <strong>of</strong> arbitration andmediation as processes for resolving disputes;◆ To increase our membership at each level <strong>of</strong> the <strong>Institute</strong>Australian International Dispute Centre(AIDC) and CIArb Co-operationAgreementFurther to the Agreement entered into in September 2010,the Branch has maintained a strong working relationshipwith AIDC and the Australian Centre for InternationalCommercial Arbitration (ACICA).Branch Council meetings are held at the Centre as are otherBranch events including book launches and the InternationalCommercial Arbitration Moot. The Branch has co-operatedwith ACICA in the roll out <strong>of</strong> a series <strong>of</strong> seminars in eachstate introducing the Domestic Commercial Arbitration Actsas they are enacted.New south Wales ADR InitiativeFurther to the introduction <strong>of</strong> the Uniform CommercialArbitration Act in New South Wales in October 2010, theBranch has made submissions to the Attorneys’-General inthe states <strong>of</strong> Victoria and Western Australia upon the formand enactment <strong>of</strong> the uniform bill in those states.These submissions were prepared with the assistance <strong>of</strong>Albert Monichino, Peter Megens, John Wakefield and SimonDavis. Further submissions are being considered in respect<strong>of</strong> the introduction <strong>of</strong> the legislation in Queensland with theassistance <strong>of</strong> Queensland Council member Bob Holt SC.CIArb CoursesOn 26 may <strong>2011</strong>, the Branch held an afternoon mediationseminar and workshop prior to the commencement <strong>of</strong> theInternational Arbitration Conference. The seminar wasprepared and conducted by Damien Sturzaker, AlbertMonichino, Rashda Rana and Michelle Sindler and Chairedby John Wakefield. It was attended by over 30 delegatesincluding overseas delegates to the conference. Our thanksgo to Blake Dawson for providing the venue.In August <strong>2011</strong>, Damien Sturzaker and John Wakefieldconducted a 3 hour seminar on international CommercialArbitration and ADR at the Australian Business School at theUniversity <strong>of</strong> NSW for students in the Economics Faculty.The Diploma <strong>of</strong> International Arbitration Course was runbetween 8 October <strong>2011</strong> and 16 October <strong>2011</strong> in Sydney.This was a joint venture <strong>of</strong> the Australian Branch and theUniversity <strong>of</strong> New South Wales and AIDC. The Courseattracted 14 candidates from Australia, Japan, Malaysia, theUnited Arab Emirates and the People’s Republic <strong>of</strong> China.The Course convenors were Malcolm Holmes QC (a trustee<strong>of</strong> the <strong>Chartered</strong> <strong>Institute</strong> <strong>of</strong> <strong>Arbitrators</strong>) and Rashda Rana (aCouncil member) with the assistance <strong>of</strong> various members <strong>of</strong>Council included as faculty members, members <strong>of</strong> judiciary<strong>of</strong> Australia and prominent arbitration practitioners fromAustralia, France, India, Hong Kong, Malaysia, Vietnam,Mauritius and the United Kingdom.Our thanks go to the following law firms who providedfacilities for the seminar and workshops:◆ Blake Dawson;◆ Clayton Utz;◆ Mallesons;◆ Norton Rose;◆ Freehills.The Practice and Procedure Exam was held in Sydney,Melbourne and Dubai on 26 November <strong>2011</strong> and Tokyo on3 December <strong>2011</strong>.The Fast Track Fellowship Course was conducted on 19and 20 November <strong>2011</strong> for 7 candidates from Sydney.Council members Damien Sturzaker and Albert Monichinoprepared and presented the Course.In co-operation with ACICA and the Law Society <strong>of</strong> NewSouth Wales, on 13 December <strong>2011</strong> the Branch organizedand held a seminar on the operation <strong>of</strong> the CommercialArbitration Act recently enacted in New South Wales andbased upon the Model Law. The seminar was attended byover 80 people and papers were given by Branch trustee,Malcolm Holmes QC, CIArb President Doug Jones AM andRashda Rana. Commentary was provided by the HonourableJ J Spigelman AC, former Chief Justice <strong>of</strong> New South Wales.International Arbitration MootOn 10 to 13 September <strong>2011</strong> the Branch in co-operationwith New South Wales Young Lawyers conducted thePage 18CIArb <strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>: International Branch Reports


<strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>International Arbitration Moot in Sydney. The moot questionswere prepared by council member, Rashda Rana. 8 teamsparticipated and presentations were adjudicated by members<strong>of</strong> the Council and other eminent arbitration practitioners.The final was judged by Council members Rashda Rana,Michael Sanig and John Wakefield. The prize for the bestorator was a place in the Diploma <strong>of</strong> International CommercialArbitration Course for 2012 worth AUD$7,700. Other prizesfor the winning team, nest written submissions in the spirit <strong>of</strong>the arbitration moot were generously donated by FederationPress, Oxford University Press, Cambridge University Press,Kluwer and Thomson Reuters.Because <strong>of</strong> the high standard this year the Branchdetermined to award a further prize for the running up teambeing $200 book voucher for each member.CIArb Asia Pacific ConferenceThe Australian Branch in co-operation with CIArb Executiveheld the International Arbitration Asia Pacific Conference onMay 27, 28, <strong>2011</strong> in Sydney. The Conference was organisedby a Local Organising Committee chaired by John Wakefieldand comprising members from branches in North America,East Asia, Singapore, Malaysia, Thailand and India. Theconference attracted over 200 delegates and speakersincluding the then Commonwealth Attorney General, RobertMcClelland MP, the then Chief Justice <strong>of</strong> New South Wales,the Honourable J J Spigelman AC, Lord Peter Goldsmith PCQC and other eminent arbitration practitioners. The conferencedinner was addressed by CIArb Companion, the HonourableMurray Gleeson AC former Chief Justice <strong>of</strong> Australia.The conference provided an opportunity for regional branchesto work together in terms <strong>of</strong> content, sponsorship andpromotion to build relationships between those branches inthe furtherance <strong>of</strong> International Commercial Arbitration in theAsia Pacific region.Branch FunctionsOn 25 March <strong>2011</strong>, CIArb held a dinner for Jim Creer theco-founder <strong>of</strong> the Australian Branch which was kindly hostedby Messrs Blake Dawson. Our thanks go to Council member,Georgia Quick for organising the dinner.On 13 April <strong>2011</strong>, the Branch sponsored the launch <strong>of</strong> theThomson Reuters publication International CommercialArbitration by Council member Rashda Rana & Michelle Sanson.On 4 August <strong>2011</strong>, the Branch co-sponsored with theUniversity <strong>of</strong> Sydney Law School a seminar on investor statearbitration which was held at the University <strong>of</strong> Sydney LawSchool. This was presented by Branch members, AssociatePr<strong>of</strong>essor Chester Brown and Max Bonnell.On 13 October <strong>2011</strong>, there was a chapter meeting inQueensland and on 25 November <strong>2011</strong> a chapter meetingin Western Australia.On 28 November <strong>2011</strong>, the Branch together with the NewSouth Wales Young Lawyers organized a forum on draftingan effective arbitration clause which was given by CIArbtrustee, Malcolm Holmes QC. Our thanks go to Councilmember Georgia Quick for undertaking the growth <strong>of</strong> youngmembers within the Branch and liaising with New SouthWales Young Lawyers to continue the development <strong>of</strong> theBranch’s relationship with that body.The Law Society <strong>of</strong> New South Wales hosted the annualDiploma <strong>of</strong> International Commercial Arbitration dinner inSydney on 8 December 2010. The function was attended byover 60 people including the then Federal Attorney Generalthe Honourable Rober McClelland MP, the New South WalesChief Judge in Equity Justice Patricia Bergen, members <strong>of</strong>the Course faculty, past and present students from theCourse and leading arbitration practitioners. The dinner wasaddressed by Doug Jones AM, the outgoing President <strong>of</strong> CIArb.The dinner has become an annual event in the Australianarbitration calendar and the Branch very much appreciatedthe significant support which it received from the LawSociety <strong>of</strong> New South Wales in this and other initiatives.On 14 December <strong>2011</strong>, Mallesons sponsored a lunchtimeseminar in Melbourne.Branch NewsletterThe Branch continues to issue the ADR Reporter. As well asproviding members with information about upcoming eventsthe newsletter has provided updates on cases relevant tothe practice <strong>of</strong> arbitration in Australia, proposed legislativechanges and general comments on possible improvementsin the practice <strong>of</strong> arbitration and other forms <strong>of</strong> disputeresolution. The Branch’s thanks go to Treasurer, MichaelSanig, for his significant efforts in preparing the issues <strong>of</strong> theReporter for publication.Branch AGMThe Branch AGM was held on 16 May <strong>2011</strong>.I would lastly like to thank the members <strong>of</strong> Council whosecontributions to the continuing functioning <strong>of</strong> the Branch andits initiatives in their various capacities have been committedand substantial.■CIArb <strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>: International Branch ReportsPage 19


<strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>The Bahamas BranchChairman: Bertha M. Cooper-Rousseau ACIArbCaribbean BranchNo report received.■The principal Bahamas Branch <strong>of</strong>ficers for <strong>2011</strong> were:Bertha M. Cooper-Rousseau (Chairman), Caryl Lashley(Honorary Secretary), H.E. Richard Demeritte (HonoraryTreasurer).Cyprus BranchNo report received.■Meetings were held on 28 April and 19 May <strong>of</strong> <strong>2011</strong>.An AGM was held on 5 July, <strong>2011</strong>, during which time newOfficers were elected.The workshops held in June <strong>of</strong> <strong>2011</strong> were very successful.There was a wide spectrum <strong>of</strong> pr<strong>of</strong>essionals that attendedincluding various leaders from the Anglican & Methodistchurches who are very keen to become certified mediators.Over the next 12 months, emphasis will be placed uponproviding certification courses for the Judiciary,Accountants, Engineers, Realtors, and the Legal Pr<strong>of</strong>ession.CIArb’s courses will be entrenched with the continuingeducation programs for the respective pr<strong>of</strong>essional bodies.No other event took effect in <strong>2011</strong> after the introductioncourses held in June <strong>of</strong> <strong>2011</strong>.A pr<strong>of</strong>it <strong>of</strong> $ B$11,862.72 was made from the abovementioned workshops.Due to the illness <strong>of</strong> His Excellency, Richard Demeritte,Simon Townend will now be appointed acting Treasurer untilthe next AGM in June, 2012.Sponsorships from interested donors will be pursued oncethe incorporation <strong>of</strong> The Bahamas Branch has been dulyexecuted. The present application is before The AttorneyGeneral for approval.Also, it must be noted that due to the pending generalelections <strong>of</strong> The Bahamas, no form <strong>of</strong> activity will take effectbefore June, 2012.In the interim, The Bahamas Branch would like to execute aMemorandum <strong>of</strong> Understanding with The Financial <strong>Institute</strong><strong>of</strong> The Bahamas to administer its courses for a determinedfee. Such arrangement will provide efficient and pr<strong>of</strong>essionalservices to CIArb Members during the infancy stages <strong>of</strong> TheBahamas Branch.■Bermuda BranchNo report received.■East Asia BranchChairman: Joe Gilfeather FCIArbThe principal East Asia Branch <strong>of</strong>ficers for the session<strong>2011</strong>/2012 are: Joe Gilfeather (Chairman), Yeung Man Sing(Honorary Secretary/Vice Chairman), Richard Leung (ViceChairman/Regional, China), Cordia Yu (Honorary Treasurer).<strong>2011</strong> Events13 January <strong>2011</strong>: YMG Talk on “Topical Update onConstruction and Arbitration” by David Goldstein andMalcolm Chin15 January <strong>2011</strong>: YMG Visit to Dialogue in the Dark25 January <strong>2011</strong>: Talk on “Adjudication: Rough Justice” byPeter Caldwell19 February <strong>2011</strong>: One-day Seminar on ContractManagement <strong>2011</strong>5 March <strong>2011</strong>: Joint Technical Site Visit “Hong Kong WestDrainage Tunnel”7 March <strong>2011</strong>: Talk on “A <strong>Review</strong> <strong>of</strong> Recent Developments”by the Hon Lord H<strong>of</strong>fmann12 March <strong>2011</strong>: Hike from Tung Chung to Tai O18/19 March <strong>2011</strong>: Accelerated Route to Fellowship(International Arbitration) Course30 March <strong>2011</strong>: YMG Talk on “Forms <strong>of</strong> ADR in Use inConstruction Contracts in Hong Kong” by Mr. AndrzejCierpicki7 April <strong>2011</strong>: Branch <strong>Annual</strong> Dinner at the ForeignCorrespondents’ Club8 April <strong>2011</strong>: YMG Joint Evening Talk on “DisputeResolution - how should one handle this?” by Christopher To.28 April <strong>2011</strong>: Thirty-Ninth <strong>Annual</strong> General Meeting & Talkon “Some New Developments in Alternative DisputeResolution” by Ms Teresa Cheng SC25 May <strong>2011</strong>: YMG Private Cooking Class and DinnerPage 20CIArb <strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>: International Branch Reports


<strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>26 May <strong>2011</strong>: YMG Talk on “Globe trotting – interim relief ininternational arbitration” by Mr. Cameron Hassall31 May <strong>2011</strong>: The 6th Winnie Whittaker Memorial Lectureon “Modern Mediation Evolution or Revolution” by Mr. LesLeslie4 June <strong>2011</strong>: YMG Community Service: Home Visits andRice Dumpling Deliveries for Dragon Boat Festival21 June <strong>2011</strong>: Talk on “Practical In-Depth <strong>Review</strong> <strong>of</strong>ICDR/AAA Rules and Procedure” by Michael Lee7 July <strong>2011</strong>: Fellows’ Cocktail Party12 July <strong>2011</strong>: Evening Talk by Daniel Lam on “SiemensIncident – Lesson to Learn”18 July <strong>2011</strong>: YMG <strong>Annual</strong> General Meeting and talk by Mr.Charlie Manzoni QC on “Arbitration tactics: What they don'ttell you in the books”26 July <strong>2011</strong>: YMG Evening Talk on “When Things GoWrong – An Overview <strong>of</strong> Dispute Resolution Methods inConstruction” by Justin Wong29 July <strong>2011</strong>: CIArb and CIETAC South China Sub-Commission One Day Conference on “Chinese Enterprises‘Going Out <strong>of</strong> PRC’: Risks and Precautions”5 August <strong>2011</strong>: YMG Evening Talk on “The RecentDevelopment <strong>of</strong> the DRA System and the Three-EnvelopeTendering System in the Hong Kong Housing Authority” byMs Ada Fung JP6 August <strong>2011</strong>: YMG Night Squid Fishing Party23 August <strong>2011</strong>: Evening Talk on “Technology Tools forDispute Resolution” by Caroline Woodman and Kate Wyllie31 August <strong>2011</strong>: YMG Joint Seminar on “Pr<strong>of</strong>essionalImaging Class – Dress to Kill, Act to Nail” by Peter Chow10 September <strong>2011</strong>: YMG Joint Community Service –Home Visit and Moon Cake Delivery to the Elderly for Mid-Autumn Festival10 September <strong>2011</strong>: YMG Site Visit: HATS Stage 2A Site(Contract No. DC/2007/24)14 September <strong>2011</strong>: Talk on “Does the future belong tomediation?” by Mr. Ales Zalar30 September <strong>2011</strong>: Lunchtime Talk “Should the 1958New York Convention be revised?” by Dr Guido Carducci4 & 11 October <strong>2011</strong>: Joint Seminar Group Evening –C<strong>of</strong>fee Tasting Class20 October <strong>2011</strong>: Joint Seminar: “Out with the old, in withthe new: A new Ordinance with a new interpretation” by MrRussell Coleman SC, Mr James Kwan and Mr Jonathan Wong26 October <strong>2011</strong>: HKIAC Users’ Council Seminar,Discussion on “Perspectives on Effective Advocacy andCross-Cultural Influences in International Arbitration” by MrChristopher K Tahbaz29 October <strong>2011</strong>: YMG King Yin Lane Heritage Tour31 October <strong>2011</strong>: Evening Talk on “Lessons Learned fromthe FG Hemisphere vs DRC and Huatianlong Case” by MsTeresa Cheng GBS SC JP3 November <strong>2011</strong>: YMG Evening Talk: “Meaning-maker tomake up the sense <strong>of</strong> reality – Understanding your clientsand yourself through the field <strong>of</strong> Neuro-Semantic” by MsFonnie Wong8 November <strong>2011</strong>: Evening Talk: “Construction Arbitrationand the New Arbitration Ordinance” by Mr Peter Caldwell,Mr Paul Barrett and Mr Anthony Houghton SC19 November <strong>2011</strong>: YMG Site Visit: Cathay Pacific AirCargo Terminal22 November <strong>2011</strong>: Evening Talk “Arbitration <strong>of</strong> Insuranceand Reinsurance Disputes” by Pr<strong>of</strong>essor Robert Merkin27 November <strong>2011</strong>: YMG UNICEF Charity Run <strong>2011</strong>30 November <strong>2011</strong>: YMG Evening Talk “Cross Examination<strong>of</strong> Expert Witnesses” by Mr Ian Pennicott QCOverview/summary on activities andmembershipWith the introduction <strong>of</strong> student affiliate ship scheme byCIArb, the branch has actively promoted the new form <strong>of</strong>membership to students taking ADR courses by givingpresentation to students. In the fourth quarter <strong>of</strong> <strong>2011</strong> onepresentation was given to City University <strong>of</strong> Hong Kong.Other information◆ Indonesia – fast track course to Fellowship (InternationalArbitration) was held on 15 to 16 July <strong>2011</strong>◆ Beijing, Shanghai & Southern China◆ Joint international conference entitled “ChineseEnterprises – Going out <strong>of</strong> PRC – Risks andPrecautions” jointly organised with CIETAC SouthChina Sub-commission held on 29 July <strong>2011</strong> inShenzhen.◆ Training courses for CIETAC, CCPIT & BAC◆ Initiatives in membership & fellowship matters withShanghai Arbitration Commission◆ Initiatives in membership & fellowship with BeijingChapterCIArb <strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>: International Branch ReportsPage 21


<strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>◆ Philippines – organised membership & fast track courses◆ Taiwan – Chapter now formed. Fellowship course to beorganised.◆ Korea – organised introduction course on 25 June <strong>2011</strong>and one-day course on mediation. Application to becomea chapter will be submitted in January 2012.◆ Vietnam & Cambodia – n/a◆ Mongolia – It is proposed to have a 2-day Entry Coursein 2012■Egypt BranchNo report received.European BranchChairman: Bennar Balkaya MCIArbThe principal European Branch <strong>of</strong>ficers for <strong>2011</strong> were: BennarBalkaya (Chairman), Jacopo Monaci Naldini (HonorarySecretary), Stuart Ness (Honorary Treasurer).Events and meetings◆ Branch <strong>Annual</strong> Conference, 8-9 April <strong>2011</strong>, Paris◆ Branch AGM, 9 April <strong>2011</strong>, Paris◆ Branch Committee Meeting, 9 April <strong>2011</strong>, ParisOverviewFinances: <strong>2011</strong> has been an exceptional year for theBranch’s finances. Not only have we had an increase <strong>of</strong> 12%in the Branch fee contribution compared to 2010, but <strong>2011</strong>was the first year in which our turnover was increased by theimplementation <strong>of</strong> the Branch’s training course programme.The substantial increase in our Branch fees is a reflection <strong>of</strong>the increase in our membership growth, which is particularlyimpressive at a time <strong>of</strong> economic uncertainty across thecontinent. This first year <strong>of</strong> implementation <strong>of</strong> the Branch’straining courses has involved some start-up costs, but overallincome from the courses has been able to cover the majority<strong>of</strong> our costs, with only a small deficit <strong>of</strong> less than €3,000having been incurred.By the end <strong>of</strong> <strong>2011</strong>, the Branch’s bank balance remained in ahealthy condition and this will enable us to implement ourplanned programme <strong>of</strong> training courses and other events thatare designed to ensure that our membership and the benefits■to our members are increased in the year ahead.Number and pr<strong>of</strong>ile <strong>of</strong> members: 446 (lawyers, civil andmechanical engineers, contract managers, consultants,architects, quantity surveyors and shipping managers)Recognised Course Providers: SICA-FICA and ADR Europe.Events◆ Seminar <strong>of</strong> the Baltic Chapter, Riga, 11 March <strong>2011</strong>◆ Breakfast seminar, Paris, 24 June <strong>2011</strong>◆ DRBF European Conference, Brussels, 17-18 November<strong>2011</strong><strong>2011</strong> has been a year <strong>of</strong> much change within the EuropeanBranch as we reduced our major Conferences from two toone each year for the first time, thus allowing the Branch theopportunity to concentrate on more, smaller local events andon our training courses.Our training programme started in February and March <strong>2011</strong>with seven one-day Introductory Courses in InternationalArbitration, held in conjunction with the Lewiatan Court <strong>of</strong>Arbitration in Warsaw. This was followed by a further course<strong>of</strong> the same nature in Vilnius and with another course inBrussels, all within the first three months <strong>of</strong> the year.At the same time, the Branch launched its first Module 1Course in International Arbitration, this being the start <strong>of</strong> a sixmonth period <strong>of</strong> study for its participants, who came from asfar and as diverse as Canada and Jordan.March <strong>2011</strong> also saw the first <strong>of</strong> our local events, an afternoonseminar in Riga, entitled “Arbitration: Art or Science?”. Thisevent was attended by over 100 participants and its formatso popular, that we will incorporate a similar session in our2012 Conference in Madrid this year.Our flagship AGM and Conference event was held in Paris inApril and was co-hosted by the Paris Bar, whose premises onthe bank <strong>of</strong> the Seine proved to be an excellent venue. Withover 25 speakers on international arbitration and mediationand with a further 60 participants, the Conference was one <strong>of</strong>the best attended by Branch members for some time. TheBranch is most grateful to Kuckenburg Bureth et Associés fortheir excellent support in making our Conference a greatsuccess.In late June, we returned to Paris to hold a Breakfast Seminaron construction disputes in the British Embassy and ourthanks to Systech International for co-hosting the event withthe Branch.After the summer, the Branch held a further IntroductoryPage 22CIArb <strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>: International Branch Reports


<strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>Course in International Arbitration in Brussels and we startedour first ever Module 2 Course in October <strong>2011</strong>. The tutorialsfor this course are held in Geneva and it includes participantsfrom Germany, Georgia, Jordan, Albania and the UK.All <strong>of</strong> these activities have helped to raise the pr<strong>of</strong>ile andawareness <strong>of</strong> the <strong>Institute</strong> and the European Branch amongstthe dispute resolution community, such that <strong>2011</strong> saw anincrease <strong>of</strong> 76 additional members to the Branch from 18different countries across the continent. It is clear that theBranch now has momentum as it moves into 2012, which weanticipate will be another excellent year for our members.Plans for 2012◆ Introductory Course in International Arbitration, 6 January2012, Istanbul◆ Executive committee meeting, February 2012◆ Supporting the first Tbilisi Pre-Moot, 24-26 February 2012,Tbilisi◆ Hosting <strong>of</strong> reception, British Ambassador on the occasion<strong>of</strong> the Vis Moot, Vienna, 2 April 2012◆ Branch event on mediation in co-operation with thePrague Arbitration Court, 12 April 2012, Prague◆ Branch annual conference and AGM, 20-21 April 2012,Madrid◆ Introductory Courses, Module 1 and 2 Courses,Accelerated Fellow Courses in International CommercialArbitration, Training 4 Trainers Course and IntroductoryCourse in ADR, dates and venues to be scheduled■India BranchChairman: Lalit Bhasin FCIArbDuring the year, India branch has conducted manyawareness and training courses on Arbitration. Awarenessmeetings have been organized in association with regulatorsincluding Forward Market Commission and Exchanges.CIArb India plans to hold 6 Training Courses and 4workshops during the calendar year 2012 which will includeintroductory training course on Mediation.CIArb India Branch was invited by Nepal Mediators Societyand participated in the ADR awareness programme atKathmandu, Nepal.Training courses and workshops in association with likemindedInstitutions, Chambers & Industry Associations andRegulators are under finalisation including in neighbouringcountries like Nepal and Bangladesh.CIArb India Branch has been given permission tocommence the “CIArb India Student Mentoring Scheme” forwhich talks are at advanced stage with three or four lawschools / law colleges to introduce the Student MentoringScheme.CIArb India Branch has decided to hold a mock arbitrationevent as well as an International Arbitration Conference in2012 for which details are being worked out.CIArb India Branch is acting as supporting organization forevents being held in India for SIAC-Singapore, KLRCA-Malaysia, ACICA-Australia, ABA-USA and others.The India Branch has entered into a Memorandum <strong>of</strong>Understanding (MoU) with training <strong>Institute</strong>s during <strong>2011</strong>.During 2012 three more MoUs are expected to be enteredinto with Law colleges/National Law Schools.India Branch is also proposing to enter into MoUs with likemindedorganizations both in Mumbai and other Indiancities, which are seeking to promote ADR which wouldprovide infrastructure facilities and cooperate in holdingawareness programs, conferences and courses <strong>of</strong> CIArb. ■CIArb <strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>: International Branch ReportsPage 23


<strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>Irish BranchChairman: Pat Brady FCIArbThe principal Irish Branch Branch <strong>of</strong>ficers for <strong>2011</strong> were:Pat Brady (Chairman), Sean McCormack (HonorarySecretary), Dermot Durack (Honorary Treasurer).Events and meetingsBranch MeetingsIntroduction to Mediation, Joe Behan, 18 May <strong>2011</strong>Introduction to International Arbitration, James Bridgeman, 9May <strong>2011</strong>International Young <strong>Arbitrators</strong> Conference, 11 November<strong>2011</strong>Mediation in Australia; lessons for Ireland with Doug Jones,12 November <strong>2011</strong>Award Writing (with the Law Society) 26 September <strong>2011</strong>The Transnational Mediation Directive, Belfast, 29September <strong>2011</strong><strong>Annual</strong> Golf Outing, Dublin, 27 May <strong>2011</strong><strong>Annual</strong> Dinner 11 NovemberKenneth McQuillan Lecture, Dublin, 15 March <strong>2011</strong>Debt Mediation Seminar, Dublin, 16 June <strong>2011</strong>OverviewNumber <strong>of</strong> members – 745, across all pr<strong>of</strong>essions and others.Course Providers – University College Dublin (UCD),TrinityCollege Dublin (TCD),National University <strong>of</strong> Ireland, Galway(NUIG)The Branch launched a major development plan withbusiness and pr<strong>of</strong>essional organisations promoting anawareness <strong>of</strong> ADR and the services <strong>of</strong>fered by CIArb inrelation to training, advise and the provision <strong>of</strong> arbitrators,mediators and other third party neutrals.Eventsincluding those events the branch has sponsored/supported. Details <strong>of</strong> guest speakers and topics.◆ ‘The <strong>2011</strong> Arbitration Act’ 5 March, John Gordon SC,John Tackaberry QC. Chair, Former Minister for JusticeDermot Ahern March◆ Workplace Mediation x 2 25-27 January, 8-10 March JimHalley◆ Debt Mediation Seminar, Full Day 16 June, <strong>2011</strong> Various◆ International Young Members Conference, 11 November,sponsored by Beauchamp’s Solicitors, Lewis & Barnes.Opened by Mr Justice Peter Kelly, Judge <strong>of</strong> the HighCourt◆ ADR in Australia, 12 November, <strong>2011</strong> Guest speaker –Doug Jones◆ Award Writing Event in conjunction with The Law Society,26 September <strong>2011</strong>Plans for 2012The main priority <strong>of</strong> the branch is to continue the outreach tothe business and pr<strong>of</strong>essional organisations and also todevelop our Faculty and training capacity both for accreditedand CPD training.Kenneth McQuillan Lecture, 2012 TBCAccredited Mediation Training, Facilit8 Dublin, 7-12 June2012, Amanda Bucklow & Charles Middleton SmithSeries <strong>of</strong> lunchtime briefing meetings with major Law firmson Mediation legislation.Kenya BranchChairman: Jacqueline N Kamau FCIArbThe principal Kenya Branch <strong>of</strong>ficers for <strong>2011</strong> were:1. Jacqueline N. Kamau (Chairman),2. Esther Kinyenje (Honorary Secretary),3. Vaizman Aharoni (Honorary Treasurer).The chairman had a get together with members <strong>of</strong> theBranch over lunch on 14 April, <strong>2011</strong> at Nairobi Club. Heinformed members on CIArb’s Kenya branch developmentissues and forthcoming events.The branch experienced an increase <strong>of</strong> members attendingthe annual Cocktail which was held on 2 December, <strong>2011</strong> atThe Serena Hotel. The occasion was graced by the ChiefJustice and the Speaker <strong>of</strong> the national assembly Mr.Kenneth Marende. The Branch honoured Mr. J.B. Havelockas the immediate past chairman, Mr. Norman Mururu as theimmediate past Africa Trustee and Mr. Joseph Thuo whohad been pivotal in establishing the Secretariat but hadsince gone into retirement.The Branch witnessed a steady growth in its financesposting an after tax surplus <strong>of</strong> Kshs 4.3 million. This is as aresult <strong>of</strong> voluntary contributions towards a proposed branchpremises and increase income from courses.Kenya Branch had the following members as <strong>of</strong> 31■Page 24CIArb <strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>: International Branch Reports


<strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>December, 2012:<strong>Chartered</strong> <strong>Arbitrators</strong> ........................................................18Fellows .............................................................................20Members ........................................................................160Associates......................................................................251Lebanon BranchChairman: Mr. Mohamed Y. Alem MCIArbThe principal Lebanon Branch <strong>of</strong>ficers for <strong>2011</strong> were: Mr.Mohamed Alem (Chairman), Judge Carla Kassis (ViceChairman), Mr. Georges Feghali (Secretary), Mr. MohammadSaid Fatha (Treasurer), Mr. l\I1uhyiddin Itani (Public RelationsOfficer), Mr. Mohammad Soubra (Academic ProgrammesOrganizer), Mr. George Ghanem (Committee Member), Mr.Chawkat Houalla (Committee Member).Events and meetingsNo events and meetings were held throughout the year dueto the instable political and economic crisis <strong>of</strong> theneighbouring countries.OverviewNo membership courses or other activities were <strong>of</strong>fered thisyear.■Malaysia BranchChairman: Ashok Kumar Mahadev Ranai, FCIArbThe principal <strong>of</strong>ficers for <strong>2011</strong> were: Ashok Kumar(Chairman), David Cheah Meng Yew (Deputy Chairman),Catherine Chau (Vice Chairman), Samrith Kaur (HonorarySecretary), Foo Joon Liang (Honorary Treasurer).Events◆ Aprag (9 & 10 July <strong>2011</strong>) at Mandarin Oriental Hotel,Kuala Lumpur◆ Seminar on Recent Development in Alternative DisputeResolution (12 Nov. <strong>2011</strong>) at Pacific Sutera Hotel, Sabah,Malaysia■Plans for 2012◆ Introduction to Arbitration Course (ITA), 17 & 18 March2012, Parkroyal Hotel, Kuala Lumpur◆ CIArb Malaysia Branch <strong>Annual</strong> General Meeting, 27 April2012, Royal Selangor Club, Gallery Room, Kuala Lumpur◆ Peer Interview, June 2012, Parkroyal Hotel, Kuala Lumpur◆ Accelerated Route To Fellowship Course (ARTF), 14th &15th July 2012, Parkroyal Hotel, Kuala Lumpur ■Mauritius BranchChairman: Ben L. Daby Seesaram CBE MCIArbThe Branch was set up in November 2009 and has 41members (6 Fellows including 1 <strong>Chartered</strong> Arbitrator, 10Members and 25 Associate Members). Unfortunately thefirst Mauritian Fellow <strong>of</strong> the <strong>Institute</strong> Mr Jean Marc Harel FCApassed away early last year.Since the coming into force <strong>of</strong> the International Arbitration Actand the implementation <strong>of</strong> the Rules <strong>of</strong> the Supreme Courtwith regards to Mediation in civil litigations, there has been aresurgence <strong>of</strong> interest in alternative means <strong>of</strong> resolving disputes.We have had extensive talks with various pr<strong>of</strong>essional bodieswhich have resulted in the signature <strong>of</strong> a Memorandum <strong>of</strong>Understanding (MoU) with the Construction IndustryDevelopment Board <strong>of</strong> Mauritius constituted <strong>of</strong> the publicand private sectors.Negotiations with the Institution <strong>of</strong> Engineers (Mauritius) forthe signature <strong>of</strong> a similar MoU will soon be finalized and willbe signed by their incoming Chairman.Following the success <strong>of</strong> the courses the InternationalArbitration and Mediation conducted in October 2010, wedecided to conduct a survey <strong>of</strong> the aspirations <strong>of</strong> ourMembers and the requirements <strong>of</strong> the Country as regards tothe training and qualifications <strong>of</strong> Mediators, <strong>Arbitrators</strong> andAdjudicators, and to set up a corporate plan defining ourobjectives and the means <strong>of</strong> achieving them.Proposals for the implementation <strong>of</strong> a training programme isat present being considered by the ManagementCommittee. This will in due course be submitted to Londonfor the <strong>Institute</strong>’s consideration and approval prior to itsimplementation.The financial situation <strong>of</strong> the Branch does not allow it atpresent to set up its own <strong>of</strong>fice and has not appointed apermanent secretariat. The Committee members, especiallyCIArb <strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>: International Branch ReportsPage 25


<strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>the Secretary and the Treasurer and their staff, havebenevolently carried out their respective assignments forwhich we are thankful to them.With the increased activities <strong>of</strong> the Branch we shall no doubthave to reconsider the position and take appropriate action.In spite <strong>of</strong> all endeavours, it has not always been possible tokeep within the time frame prescribed under section 26 <strong>of</strong>the Branch’s Trust deed. However remedial action is beingtaken to avoid any such recurrence.The Branch has so far refrained from charging a Branch feebut this is being reconsidered in the light <strong>of</strong> added activitiesand expenses.We had looked forward to President Doug Jones’ visit butunfortunately this had to be postponed and subsequentlycancelled due to his other commitments.We would like to place on record our appreciation andthanks to all <strong>of</strong>fice bearers in Mauritius for their continuedinterest and cooperation as well as the continued supportwe have received from the <strong>Institute</strong>’s Executive staff inLondon.Nigeria BranchChairman: Christopher Ojo FCIArbCoursesIn <strong>2011</strong>, the Branch ran a series <strong>of</strong> courses resulting in aremarkable growth in its membership strength. A total <strong>of</strong> 6Entry Courses, 2 Accelerated Membership Programmes and1 Fellowship Assessment Programme were conducted bythe Branch. The Branch successfully conducted a PeerInterview and served as the centre for Award Writingexaminations in Nigeria.At the request <strong>of</strong> the <strong>Institute</strong>, a Special Entry Course wasalso organised by the Branch in Ginsenyi, Rwanda, for thatcountry’s Private Sector Federation, in preparation for thelaunch <strong>of</strong> the Kigali International Arbitration Centre.MeetingsThe Branch in addition to its <strong>Annual</strong> General Meeting heldon the 28 April <strong>2011</strong>, held two General Meetings and 3Executive Committee Meetings during the course <strong>of</strong> the year.■attendance at meetings, the Branch introduced a Members’Forum held after each general meeting. At the Forumspeakers are invited to discuss topics <strong>of</strong> general interest tomembers and the arbital world. A Members’ Forum washeld after each <strong>of</strong> the General Meetings and covered topics:◆ Generating Appointments as Arbitration Counsel◆ Requirements for obtaining Arbital Appointments forSpecialised Arbitration bodies.Mock ArbitrationThe Branch’s Young Members Group organized its annualMock Arbitration on the 17 February <strong>2011</strong> at the NigerianLaw School, Ozumba Mbadiwe Street, Victoria Island,Lagos. The event witnessed a large turnout <strong>of</strong> bothMembers and Law Students from the Nigerian Law School.<strong>Annual</strong> ConferenceThe Branch’s <strong>Annual</strong> Conference was held on the 6 October<strong>2011</strong> at the Largos City Hall, Catholic Mission Street,Largos. The Chairperson <strong>of</strong> the Conference was Chief (Mrs.)Tinuade Oyekunle, FCIArb, <strong>Chartered</strong> Arbitrator. The theme<strong>of</strong> the Conference was ‘Making Arbitration an effective toolin dispute resolution – the role <strong>of</strong> the judiciary’. TheConference attracted a large number <strong>of</strong> pr<strong>of</strong>essionals withinand outside the legal pr<strong>of</strong>ession.<strong>Annual</strong> Membership Gala NightThe Branch held its 10th <strong>Annual</strong> Membership Gala Nightand Introduction Ceremony on the 26th <strong>of</strong> November <strong>2011</strong>,at the Lagos City Hall, Catholic Mission Street, Lagos. TheChairman <strong>of</strong> the occasion was Chief Bayo Ojo, SAN, CON,FNIALS, <strong>Chartered</strong> Arbitrator and Trustee for Africa <strong>of</strong> the<strong>Chartered</strong> <strong>Institute</strong> <strong>of</strong> <strong>Arbitrators</strong> Board <strong>of</strong> Trustees while theGuest Speaker was Mrs. Derin Disu, LLB, BL, SpecialAdviser for Central Business District, Lagos State. TheGuest Speaker delivered a paper titled ‘How infrastructuraldevelopment can support arbitration proceedings in Lagos’.The high point <strong>of</strong> the event, which played host to otherimportant dignitaries, was the introduction <strong>of</strong> 21 Fellows, 39Members and 187 Associates into the <strong>Institute</strong>.With a view to making the general meetings more interestingand exciting for members and thereby encouragePage 26CIArb <strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>: International Branch Reports


<strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>Collaboration with the <strong>Chartered</strong> <strong>Institute</strong><strong>of</strong> Bankers, Nigeria (Lagos Branch)The Branch collaborated with the <strong>Chartered</strong> <strong>Institute</strong> <strong>of</strong>Bankers, Lagos Branch on its 1st <strong>Annual</strong> Debt CollectionConference held on 16 February <strong>2011</strong> at the SheratonHotel, Ikeja, Lagos. The theme <strong>of</strong> the Conference was‘Effective debt collection strategy’. Speakers at theConference included Mallam Sanusi Lamido Sanusi, CON,FCIB, Governor <strong>of</strong> the Central Bank <strong>of</strong> Nigeria, Mr.Mustapha Chike-Obi, Managing Director/Chief ExecutiveOfficer, Asset Management Corporation <strong>of</strong> Nigeria (AMCON),Pr<strong>of</strong>essor Oye Oyewo, Dean, Faculty <strong>of</strong> Law, University <strong>of</strong>Lagos. The Conference was well attended.Mrs. Olufunke Adekoya, SAN, FCIArb, <strong>Chartered</strong> Arbitrator■North America BranchChairman: Ann Ryan Robertson FCIArbThe principal North American Branch <strong>of</strong>ficers for <strong>2011</strong> were:Ann Ryan Robertson (Chair), Philip “Whit” Engle (Vice-Chair)Lucy Greenwood (Honorary Secretary), J.J. Pierson(Honorary Treasurer).Events and meetings◆ 20 March, <strong>2011</strong> – The NAB was a sponsor <strong>of</strong> theABA/LACBA Conference held in Los Angles, California.Doug Jones was keynote speaker. A number <strong>of</strong> NABmembers were also speakers.◆ 23 March, <strong>2011</strong> – The NAB was a sponsor <strong>of</strong> the ITA-ASIL Conference in Washington, D.C.◆ April <strong>2011</strong> – The NAB held a Members training programin Kingston, Jamaica in conjunction with the CaribbeanChapter◆ 13 June, <strong>2011</strong> – The NAB was a reception sponsor forthe IBA/ICDR conference held in New York City.◆ 2 September, <strong>2011</strong> – The NAB was a sponsor <strong>of</strong> theForo de Arbitraje <strong>2011</strong>, held in Mexico City, Mexico. Anumber <strong>of</strong> NAB members were speakers.◆ 6 October, <strong>2011</strong> – The NAB, in conjunction with the NewYork Chapter, was a sponsor <strong>of</strong> the “Judges Program”held at Fordham University in New York City.◆ 18 October, <strong>2011</strong> – The NAB (D.C. Chapter) and CPRhosted a seminar on dispute resolution <strong>of</strong> energy projectsin Washington, D.C.◆ 21 -23 October, <strong>2011</strong> – The NAB conducted trainingprograms (Member and Fellow) with approximately 35candidates.◆ 18 -20 November, <strong>2011</strong> – The NAB conducted trainingprograms (Member and Fellow) with approximately 35candidates.◆ Spring <strong>2011</strong> – The NAB continues to sponsor pre-VisMoot competitions. In <strong>2011</strong>,it sponsored competitions inChicago, Florida and Houston.OverviewThe NAB continues to maintain a positive financial balance.It has approximately 425 members, the vast majority <strong>of</strong>which are lawyers. The NAB currently has 13 Chapters, withCIArb <strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>: International Branch ReportsPage 27


<strong>Annual</strong> Report 2010the two newest Chapters being the Rocky MountainChapter and the Montreal/Ottawa Chapter. The University <strong>of</strong>Missouri is a Recognised Course Provider.EventsThe NAB was a sponsor <strong>of</strong> the ABA/LACBA Conferenceheld in Los Angles, California. Doug Jones was the keynotespeaker. A number <strong>of</strong> NAB members were speakers,including David Haigh, Murray Smith, Olga Zalominy, JohnGarman and Ann Ryan Robertson.Doug Jones was also a speaker at a special HoustonInternational Arbitration Club meeting co-hosted by theNAB. In addition, during <strong>2011</strong>, the NAB arranged for Mr.Jones to meet with nearly every Chapter.The NAB was a co-sponsor <strong>of</strong> a conference Foro deArbitraje <strong>2011</strong>, “Arbitration and the Recovery <strong>of</strong> Damagesand Loss <strong>of</strong> Income – the Mexican Legal Regime andInternational Practice,” held in Mexico City on September 2,<strong>2011</strong> and organized by NAB member Herfried Wöss.Speakers included members Herfried Woss, Mark Kantor,Derrick Carson, and Herfried Wöss. Ann Ryan Robertsonwas one <strong>of</strong> the conference moderators.In connection with this conference, the NAB, with theassistance <strong>of</strong> the firm Locke Lord LLP, hosted a dinner forthe members <strong>of</strong> the Mexico City Chapter with the hopes <strong>of</strong>further expanding the Chapter membership.Gary Born was keynote speaker at a symposium cosponsoredby the North American Branch and organized byNAB Executive Committee member Pr<strong>of</strong>essor S.I. Strong.The symposium, entitled “Border Skirmishes: TheIntersection Between Litigation and InternationalCommercial Arbitration,” took place at the Center for theStudy <strong>of</strong> Dispute Resolution at the University <strong>of</strong> MissouriSchool <strong>of</strong> Law on October 21, <strong>2011</strong>. Associated eventsincluded a works-in-progress conference where authorsdiscuss their current research with other specialists and astudent writing competition sponsored by the NAB. TheNAB provided a cash prize to the winner <strong>of</strong> the studentwriting competition. The event was co-sponsored by theAmerican Society <strong>of</strong> International Law (ASIL), the ABASection <strong>of</strong> International Law and Transnational DisputeManagement (TDM).On October 6, <strong>2011</strong>, the New York Chapter presented aprogram at the Fordham University School <strong>of</strong> Law entitledthe “Judges’ Program.” The program co-sponsors includedthe Fordham University School <strong>of</strong> Law, the CIArb NorthAmerican Branch, the ICDR/AAA, the ICC, the CPR <strong>Institute</strong>and the American Bar Association Section <strong>of</strong> InternationalLaw.The D.C. Chapter and CPR <strong>Institute</strong> sponsored a programon October 18, <strong>2011</strong>, at Morgan Lewis in Washington, D.C.,on the construction <strong>of</strong> international energy projects andADR. Two panels <strong>of</strong> excellent speakers from various regions<strong>of</strong> the United States will talk about the projects they havebeen involved in and their views about the use <strong>of</strong> ADR.Affiliated sponsors are the Dispute <strong>Review</strong> BoardFoundation and the International Dispute ResolutionCommittee <strong>of</strong> the D.C. Bar International Arbitration Section.Other informationThe NAB has produced a regular newsletter in <strong>2011</strong> whichgoes out by email to all members, every three months.The Executive Committee has instigated monthly conferencecalls with the chairs <strong>of</strong> the chapters in North America inorder to promote the dissemination <strong>of</strong> information andimprove communication with the Chapters generally.Plans for 2012The formation process is underway for the AtlantaInternational Arbitration Society (“ATLAS”), a non-pr<strong>of</strong>itorganisation that seeks to promote Atlanta as thedestination <strong>of</strong> choice in the Americas for resolvinginternational business differences. Made up <strong>of</strong> practitioners,corporate counsel, judges, law pr<strong>of</strong>essors, and neutrals, theATLAS works closely with Atlanta civic leaders andgovernment <strong>of</strong>ficials to make resolution <strong>of</strong> internationaldisputes in Atlanta as easy, efficient and cost-effective aspossible. The ATLAS also seeks to promote the use <strong>of</strong>arbitration as a means <strong>of</strong> resolving international disputes byhosting arbitration-related conferences and by educatingmembers on the latest developments in international arbitrallaw. A number <strong>of</strong> Southeastern Chapter NAB Members andFellows are actively involved in this process, including ChrisS<strong>of</strong>fe, Richard Sheinis and Philip W. “Whit” Engle.In connection with the ATLAS Conference, the NAB will be<strong>of</strong>fering Associate, Member and Fellow Courses, and a peerinterview board for <strong>Chartered</strong> Arbitrator. There will also be ameeting <strong>of</strong> the Chapter Chairs in Atlanta, as well at the<strong>Annual</strong> General meeting.Other plans for 2012 include:◆ Sponsorship <strong>of</strong> the ITA Winter Forum in San Francisco,23 February, 2012.Page 28CIArb <strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>: International Branch Reports


<strong>Annual</strong> Report 2010◆ Conducting a Fellow Course in conjunction with theCaribbean Branch in Kingston, Jamaica on February 10 -12, 2012. The candidates are members <strong>of</strong> the Jamaicanjudiciary.◆ Providing five (5) attendees to the UNCITRAL WorkingGroup Session Meeting in New York City, February 2012.(Note the attendees are covering their own expenses.)◆ Conducting Associate and Member Course inconjunction with the Caribbean Branch in Trinidad and St.Lucia, May 2012.◆ The NAB has been invited to conduct a training programin connection with the Inter American Bar Association, inVenezuela, end <strong>of</strong> June 2012◆ The NAB is organizing a Member Course in Mexico City,Mexico. The program is tentatively scheduled for June2012.◆ Additional training programs (Member and Fellow) aretentatively scheduled for Chicago and New York in theFall <strong>of</strong> 2012.◆ The NAB is involved in planning the World-wide EnergyConference which will take place in the winter/spring <strong>of</strong>2013 in Houston, Texas. ■Singapore BranchChairman: Richard Tan FCIArbThe principal Singapore Branch <strong>of</strong>ficers for <strong>2011</strong> were:Christopher Lau (Chairman till 30 Aug <strong>2011</strong>) Richard Tan(Chairman with effect 31 Aug <strong>2011</strong>), Moh Mee Foo(Honorary Secretary till 30 Aug <strong>2011</strong>), Chou Sean Yu(Honorary Secretary with effect 31 Aug <strong>2011</strong>), Andrew Yeo(Honorary Treasurer till 30 Aug <strong>2011</strong>), Ben Giaretta(Honorary Treasurer with effect 31 Aug <strong>2011</strong>). Rajan Menon(Vice-Chairman with effect 31 August <strong>2011</strong>)OverviewThe Branch had a relatively busy year. It conducted two verysuccessful Introduction courses, two Accelerated Route toFellowship Assessment Workshops and a Module 4 awardwriting course. We also held talks by two distinguishedspeakers, the Deputy Director <strong>of</strong> the WIPO Arbitration andMediation Center, Mr. Ignacio de Castro, and Ms HilaryHeilborn QC. A Young Members Group Evening talk wasalso organized at which the President <strong>of</strong> the <strong>Institute</strong>, MrDoug Jones, spoke.It also launched a newsletter in the last quarter <strong>of</strong> <strong>2011</strong>. Itformed new subcommittees, a Publications subcommitteeand an Ad hoc subcommittee to review the Memorandumand Articles <strong>of</strong> the branch. It also provided submissions tothe Government on proposed amendments to legislation. Italso supported the Indonesian Chapter on its AcceleratedRoute to Fellowship Workshop by having one <strong>of</strong> itsmembers as an assessor on the workshop.FinanceThe Branch finances are looking reasonable. The Branchbroke even on events in <strong>2011</strong> (with a small pr<strong>of</strong>it <strong>of</strong> aroundS$1,300), while there was good revenue (S$102,000) fromcourses in the year. Overall, there was a pr<strong>of</strong>it <strong>of</strong> aroundS$84,000 in <strong>2011</strong>.MembershipThe branch ended the year with 323 members, comprising89 associates, 91 members, 139 fellows and 4 retiredmembers – an increase <strong>of</strong> 49 members over 2010.Events◆ “Emerging Trends in the Resolution <strong>of</strong> IntellectualProperty Disputes: Effective resolution <strong>of</strong> disputesthrough WIPO Arbitration and Mediation”, 22 Feb <strong>2011</strong>,Ignacio de Castro◆ Young Members Night, 13 July, <strong>2011</strong>, Doug Jones AM◆ CIArb-SIAC Talk by Hilary Heilbron QC "Is the process <strong>of</strong>arbitration really consensual? Balancing party autonomywith tribunal control”, 28 November, <strong>2011</strong>Plans for 2012The following courses and events are in progress/plannedfor 2012:◆ 31 October, <strong>2011</strong> - 21 Feb 2012 (4 months), Module 4(Award Writing)◆ 2 February, 2012, Talk by Richard Fernyhough QC on“The Use Of Experts In International ConstructionArbitrations”◆ Date TBA, Talk on The New ICC Rules◆ 29 February, 2012, Introduction to International Arbitration◆ Date TBA, Arbitration Surgery Workshop on theEmergency Arbitrator procedureCIArb <strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>: International Branch ReportsPage 29


<strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>◆ 31 January – 30 August 2012 (7 months), Module 1: Law<strong>of</strong> Obligations & Civil Evidence◆ March or April 2012 (2 days), Accelerated Route toMembership Assessment Workshop◆ Date TBC, Talk on “Developments In ArbitrationLegislation And Practices In The Asian Region – HongKong And Malaysia”◆ Date TBC, Talk on “The Dispute Adjudication Board”◆ 8-9 June, 2012 (TBC), Accelerated Route to FellowshipAssessment Workshop◆ 10 June 2010 prior to ICCA 2012 , CIArb SingaporeBranch Reception /Essay Competition jointly with one <strong>of</strong>the sponsors◆ June 2012, Peer Interview for Fellowship◆ July – Dec 2012 (6 months), Module 3: Practice,Procedure, Deciding, Drafting◆ September 2012 (1 day), Introduction to InternationalArbitration (2nd run 2012)◆ October 2012 – February 2013 (4 months), Module 4:Award Writing◆ November 2012 (2 days), Accelerated Route toFellowship Workshop◆ November 2012 -April (6 months), Module 2: Law <strong>of</strong>International Arbitration◆ December-2012, Peer Interview for Fellowship◆ Date TBC, Further talks to be planned and possibly asymposiumSouth Africa BranchChairman: Adv. Patrick Lane SC FCIArbThe principal South Africa Branch <strong>of</strong>ficers for <strong>2011</strong> were:Adv Patrick Lane SC (Chairman), Ms Cornelia Moll(Honorary Secretary), Emeka Ogbugo (Honorary Treasurer).Events and meetings◆ The First Formal Meeting <strong>of</strong> members was held on 5December <strong>2011</strong>◆ Social year end function held at the <strong>of</strong>fices <strong>of</strong> PatrickLane on 5 December <strong>2011</strong>OverviewThe continued existence <strong>of</strong> the branch is dependent on anincrease in membership. A lack <strong>of</strong> funds and attractiveoptions cause great frustration during <strong>2011</strong>.The Branch has established links with the ArbitrationFoundation <strong>of</strong> Southern Africa (“AFSA”) and have committedto cooperate in the promotion <strong>of</strong> arbitration in South Africaand training <strong>of</strong> members <strong>of</strong> the two associations with certainreciprocal benefits.AFSA course material was submitted to CIArb for approvaland approval within a specific framework was granted inJanuary 2012. CIArb (SA) will now market the CIArbexpedited membership course to members <strong>of</strong> AFSA.The Branch have invited Pr<strong>of</strong>. Nael Bunni to present (withothers – to be confirmed) the following:1. Accelerated Membership course;◆ Date TBC, Two members social evenings/networkingevents■2. Accelerated Fellowship course.within the guidelines <strong>of</strong> the CIArb Board. AFSA have madetheir members’ contact details available for marketingpurposes. This will hopefully increase membership <strong>of</strong> thebranchCommittee, AGMs and elections◆ <strong>2011</strong> AGM was held on 5 December <strong>2011</strong> at the <strong>of</strong>fice <strong>of</strong>Adv Patrick Lane◆ Committee meeting is scheduled for 5 March 2012 (seeinvitation attached)◆ 2012 AGM is provisionally scheduled for 29 March 2012Page 30CIArb <strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>: International Branch Reports


<strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>Other informationThe Branch is in need <strong>of</strong> funding in order to pay the initialcost <strong>of</strong> a venue and trainers for presentation <strong>of</strong> pathwaycourses. In this regard an application will be submitted tothe board after the committee meeting <strong>of</strong> 5 March 2012.Plans for 2012◆ To present back to back membership and fellowshipcourses in South Africa◆ To market the membership course to members <strong>of</strong> AFSAin order to increase membership <strong>of</strong> the branch;◆ To promote and support legislative change in SA rearbitration.Thailand BranchNo report received.■■United Arab Emirates BranchChairman: Dr Habib Al Mulla FCIArbPatron: Essam Al Tamimi FCIArbThe principal UAE Branch <strong>of</strong>ficers for <strong>2011</strong> were: MichaelTonkin (Vice Chairman), Gordon Tregaskis (Vice Chairman)Mrs Nicola Caley (Honorary Secretary), Ms Sue Ross(Honorary Treasurer).Events and meetingsThe branches’ main activities have been training related.During <strong>2011</strong>, the Branch provided 3 introduction toarbitration courses to a combined audience <strong>of</strong> around 210(significantly one <strong>of</strong> which was in the Arabic language); twointroduction to mediation courses to around 33 people;Modules 1&2 to 25 students; Modules 3&4 to 8 students; 2AMPs to 8 students; 2 AFPs to 4 students; Peer Interviewsto 10 candidates; the Experienced Practitioner Interview to 1person and 5 interviews for <strong>Chartered</strong> Arbitrator. The Branchalso commenced another session <strong>of</strong> Modules 1&2 on 23October with 23 students, including three Emirati Judges.The Branch is committed to supporting the region and inMay this year organised and held an entrance course inmediation in Qatar to around 20 delegates. In addition, forModules 1&2, which started on 24 October 2010, there are5 students in Qatar to whom the Branch provides the faceto face tutorials and examinations in Qatar.In addition, and to attempt to encourage new branches, weheld a social event in both Qatar and Abu Dhabi. For theevent in Abu Dhabi we were extremely grateful for thepresence <strong>of</strong> our President Mr Doug Jones who gave a keynote speech to around 40 people.For Members and Fellows the Branch held workshops onvarious aspects <strong>of</strong> international arbitration including ‘Theeffective use <strong>of</strong> experts in construction arbitration’ and‘Saving costs in an arbitration’ and these were attended byaround 40 plus attendees. Each workshop was followed bya social gathering.The Branch held several social events including a CocktailReception during the recent IBA conference. The eveningwas attended by (and we are grateful to) our President MrDoug Jones, Board <strong>of</strong> Trustee Members Mr John Wrightand Dr Nayla Comair-Obeid, as well as the UAE BranchPatron Mr Essam Al Tamimi, Chairman Dr Habib Al-Mullaand most <strong>of</strong> the committee. The Branch estimates thenumber <strong>of</strong> attendees at around 175. The Branch also heldCIArb <strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>: International Branch ReportsPage 31


<strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>an Iftar during the Holy month <strong>of</strong> Ramadan.Of significant importance to the Branch is the continuedgrowth <strong>of</strong> the Young Members Group (YMG). On 16 Marchthe YMG held its second event which was a joint event withICDR Y&I, ICC YAF and YIAG. The event comprised anafternoon arbitration conference with two panels; onecomprising four panelists under 45 chaired by an ‘over 45’,and one comprising four panelists over 45 chaired by an‘under 45’. The event was attended by nearly 100 peopleand the event then continued with a drinks social.In May the Branch funded a 5 day visit from Sue McLaughlinwho spent time with all <strong>of</strong> our committee and volunteers toimprove all aspects <strong>of</strong> what we do, and included a trip toQatar to host the social event there. The Branch found Sue’sinput <strong>of</strong> significant benefit.We recently held a committee meeting at the Monarch Hoteland invited all <strong>of</strong> our non-committee member volunteers tojoin us afterwards, first to thank them for their efforts andsecond, to discuss all matters CIArb to see how we canimprove and progress.For a list <strong>of</strong> Committee meeting dates see below.For a list <strong>of</strong> Education and training events please see below.OverviewAs at end September <strong>2011</strong> the Branch had AED 1,176m ondeposit.As at November <strong>2011</strong> the membership <strong>of</strong> the Branch wasas follows:-Total <strong>of</strong> 549 Members made up <strong>of</strong> the following grades:◆ 277 Associate Members <strong>of</strong> which 119 are aged 40 andunder◆ 179 Members <strong>of</strong> which 68 are aged 40 and under◆ 93 Fellow <strong>of</strong> which 25 are aged 40 and underTotal <strong>of</strong> Young Members 210; balance <strong>of</strong> membership is 339Events◆ 16 March <strong>2011</strong>: Young Members Group networkingevent Joint event between CIArb, ICDR, Y&I, ICC, YAFand YIAG entitled ‘Young People in Arbitration’◆ 11 May <strong>2011</strong>: Arbitration Workshop “The effective use <strong>of</strong>experts in construction arbitration” by Hill International◆ 28 September <strong>2011</strong>: Arbitration Workshop“Saving Costs in an Arbitration” by Mr Nigel Truscott◆ 26 October <strong>2011</strong>: Abu Dhabi Inaugural EventKeynote Speech – “Hot Issues in International Arbitration”given by Mr Doug Jones, President <strong>of</strong> the CIArb◆ 31 October <strong>2011</strong>: CIArb IBA conference cocktailreception◆ 30 November <strong>2011</strong>: Young Members Group networkingevent. Guest Speaker – Michael Black QCOther informationThe Branch has set up its own website which is nowpopulated with details <strong>of</strong> all the events and training and isdeveloping at pace!The Branch also has a Public Relations Officer (committeemember), as well as an Accountant and AdministrativeAssistant (both part-time paid).In May the Branch funded a 5 day visit from Sue McLaughlinwho spent time with all <strong>of</strong> our committee and volunteers toimprove all aspects <strong>of</strong> what we do, and included a trip toQatar to host the social event there. The Branch found Sue’sinput <strong>of</strong> significant benefit.We recently held a committee meeting at the Monarch Hoteland invited all <strong>of</strong> our non-committee member volunteers tojoin us afterwards, first to thank them for their efforts andsecond, to discuss all matters CIArb to see how we canimprove and progress.Plans for 2012◆ February – Modules 3&4◆ March & October ACIArb Arbitration◆ Modules 1 & 2, Accelerated and Members Programme x2, Accelerated Fellows Programme x2 and all Interviews◆ The AGM is set for 25 April 2012.◆ The branch has already contacted the next President MrJeffrey Elkinson to arrange suitable events around a visitfrom him.◆ Intending to host the YMG international event in 2012.◆ Bidding for Congress 2014.■◆ August: IftarPage 32CIArb <strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>: International Branch Reports


<strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>UNITED KINGDOM BRANCH REPORTSChannel Islands BranchChairman: Stephen Ross-Gower MCIArbLondon BranchChairman: Hew Dundas FCIArbThe principal Channel Island Branch <strong>of</strong>ficers for <strong>2011</strong> were:Stephen Ross-Gower (Chairman), to be appointed, StephenRoss Gower (Acting Honorary Secretary), Bruce Mansell(Honorary Treasurer).We celebrated the visit <strong>of</strong> the President to the branch on 22September with meetings and a Dinner.Our finances are sound and have enabled us to plan to runthe <strong>Institute</strong>’s Commercial Mediation training course inEaster 2012. As a result we have not run any trainingcourses or similar events during <strong>2011</strong>.■East Anglia BranchNo report received.East Midlands BranchChairman: Bill Fisher FCIArbActivities for the twelve months <strong>of</strong> <strong>2011</strong> include:◆ five committee meetings (9 February, 6 April (after AGM),22 June, 14 September and 9 November).◆ the AGM on 6 April.◆ the <strong>Annual</strong> Dinner on 30 March.◆ a Workshop for arbitration and adjudication conductedby Derek Simmonds, and a Legal Update conducted byPeter Collie, both on the 8 June.◆ a joint event with Society <strong>of</strong> Construction Law, subject:“Letters <strong>of</strong> Intent”, Nottingham Trent University, speakerSir Anthony Leavers, held on 20 September.◆ a joint event with West Midlands Branch. AdjudicationWorkshop to coincide with the visit by Doug Jones 14November.■■The principal London Branch <strong>of</strong>ficers for <strong>2011</strong>/12 were: HewR Dundas (Chairman), Irvinder Bakshi (Honorary Secretary),Bruce Leahy (Honorary Treasurer).The other Officers were Andrew Kasriel (Senior ViceChairman), Irvinder Bakshi/Bruce Leahy (Vice-Chairmen),Paul Rose (PRO).Events and Meetings20/01/11: Dispute Prevention and Resolution in the Film andMedia Industry. Organized jointly with the World IntellectualProperty Organization (WIPO) Arbitration and MediationCenter◆ 09/02/11: Property Arbitration◆ 08/03/11: Arbitration Within Faith Communities◆ 16/03/11: <strong>Annual</strong> Speakers Dinner for all those to spokeat, or hosted, CIArb LB Seminars in 2010◆ 31/03/11: AGM, followed by Seminar◆ 31/03/11: Seminar: “What Your <strong>Institute</strong> Does for You”given by members <strong>of</strong> CIArb Executive◆ 05/05/11: <strong>Annual</strong> Keynote Address given by Pr<strong>of</strong>essor KajHobér (Stockholm): “International Arbitration In London: AView From Outside”; text published in ArbitrationNovember <strong>2011</strong>◆ 26/05/11: “Psychological Factors In The Arbitral Process”◆ 15/06/11: Summer Social Event: New World –v- OldWorld: A Wine Tasting at Laithwaites◆ 29/06/11: 8th <strong>Annual</strong> Mediation Seminar: “Mediation: theNew Financial Imperative”◆ 07/09/11: 7th <strong>Annual</strong> Joint Seminar with LCIA:“Arbitration in Latin America” with speakers from Brazil,Chile, Peru, Uruguay and Venezuela.◆ 13/10/11: Arbitration in the Construction Sector◆ 26/10/11: Arbitration and ADR in the Insurance Sector◆ 17/11/11: <strong>Annual</strong> Dinner; Principal Guest/Speaker HH SirGavyn Arthur, 675th Lord Mayor <strong>of</strong> London (2002/03)◆ 01/12/11: Joint Seminar with LMAA: Current Issues inMaritime ArbitrationCIArb <strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>: United Kingdom Branch ReportsPage 33


<strong>Annual</strong> Report 2010OverviewLondon Branch has approx 1,333 members but holds nouseful information on the pr<strong>of</strong>ile <strong>of</strong> its members. Themembership peaked at over 1,500 (1,582 in March 2006) buthas dropped sharply in the past 2-3 years.London Branch has no Recognised Course Providersbecause it is prohibited from carrying out training activities. Ithas no formal links with Universities in the London area.Plans for 2012◆ 12 January 2012: “The performing arts and disputeresolution” hosted by Field Fisher Waterhouse◆ 28 February 2012: “Expert Determination” hosted byKPMG◆ 13 March 2012: Property Seminar hosted by HoganLovells◆ 25 April 2012: AGM/ KEYNOTE ADDRESS Sir VivianRamsey hosted by LB◆ 22 May 2012: CIArb LB/FBLS <strong>Annual</strong> Joint Debatehosted by Stephenson Harwood◆ June/July 2012: Proposed Sports Seminar. Venue TBA◆ 4 July 2012: 9th <strong>Annual</strong> Mediation Seminar hosted byClyde & Co◆ 13 September 2012: 8th CIArb LB/LCIA Joint Seminar -Arbitration in Asia hosted by Orrick LLP◆ 11 October 2012: CIArb LB/Anglo- Russian LawAssociation (ARLA) Joint Seminar hosted by White andCase◆ November 2012: Proposed seminar on disputes arising inprivate client/trusts/ estate planning, perhaps inconjunction with STEP/UBS. Venue TBA■North East BranchChairman: Philip Morrison ACIArbThe year continued with the valid intention to continue toprovide CPD seminar events during the year. The seminarsets out the year’s events where established and undertakenwith some success.It has to be said that at each meeting the committeemembers with the best <strong>of</strong> intentions made suggestions fortaking the North East branch forward. However, due to othercommitments this was not followed through. I cast noaspersions to anyone in particular and would include myselfin this statement as we did not take things forward as wewould have liked. However, that having being said, we didmanage to put on one event in Newcastle with the help <strong>of</strong>Muckles LLP. This was a success. No doubt part <strong>of</strong> this wasthe attraction <strong>of</strong> Tony Bingham. However, anecdotally I havebeen approached by two or three members in the Newcastle/Northumbria area who are delighted to see such eventsbeing put on. It is hoped that with the further events that arebeing planned then we can move from strength to strengthin this area along with the Yorkshire and Humber area.With regard to 2012, it is noted that the family law arbitrationprocedure has been announced by the Family LawAssociation. This arbitration procedure involves the CIArb.We have gained some new members from practitioners <strong>of</strong>family law who have joined the CIArb. This would seem anarea which it would be worthwhile to promote both with aview to gaining new members and also widening the scope<strong>of</strong> a CDP event.With regard to promoting the CIArb along with the newlyformed family law arbitration procedure the North Eastbranch has its own Yorkshire arbitration scheme which weshould be doing more to promote. I have therefore met withthree PR agencies with a view to ascertaining whether theycan be <strong>of</strong> any help to the North East branch. Thereproposals have been submitted for approval for discussionto the committee members.I have made contact with the <strong>Chartered</strong> <strong>Institute</strong> <strong>of</strong> Building(CIOB) in the North East with a view to arranging jointseminars with them.Events :◆ 22 March <strong>2011</strong>: “Economic Outlook for the Yorkshireregion <strong>2011</strong>” Baker Tilley & Yorkshire Bank.◆ 13 April <strong>2011</strong>: “Dispute Resolution – There is anotherway” R J Davis.◆ 17 May <strong>2011</strong>: North East and North West Joint Dinner.◆ 29 November <strong>2011</strong>: “Adjudication” John Riches.◆ 6 December <strong>2011</strong>: Tony Bingham Talk – Newcastle.Program <strong>of</strong> Events 2012◆ 6 February 2012: Keating Chambers, Construction LawUpdate QCPage 34CIArb <strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>: United Kingdom Branch Reports


<strong>Annual</strong> Report 2010◆ CIArb North East Event: Newcastle, John Riches.◆ 3 April 2012: Mediation Seminar – Anthony Glayster.◆ May 2012: Adjudication Seminar, R J Davis.◆ 8 May 2012: North East/North West Branches – JointDinnerNorth West BranchChairman: Ian Williams FCIArbThe principal branch <strong>of</strong>ficers for <strong>2011</strong> were: Ian Williams(Chairman), Keith Miller (Vice Chairman & acting Hon Sec forpart <strong>of</strong> the year), Daniel Brawn (Honorary Secretary part <strong>of</strong>year), and Peter W Dale (Honorary Treasurer).Following the 2010 Summer Newsletter in which ourChairman Ian Williams announced a “Taster Initiative”whereby members were invited and encouraged to sit in onbranch committee meetings and “be a part <strong>of</strong> it”, four newmembers were recruited to the Branch Committee at theAGM in March <strong>2011</strong>. The Branch currently hasapproximately 400 members.The North West Branch has again enjoyed a very busy yearand continues to work hard for its members. The BranchEducation Sub Committee, under the joint guidance <strong>of</strong>Simon McKenny and Ken Salmon, are to be congratulatedonce again on providing an excellent series <strong>of</strong> educationalCPD talks, which this year covered matters such as:◆ The <strong>Annual</strong> NW Branch “<strong>Arbitrators</strong>’ and Adjudicators’Surgery” was well attended and the Committee extendsits thanks to Simon McKenny for acting as SurgeryDirector.◆ The annual Joint Dinner with the North East Branch atHuddersfield was equally successful, in May, with MikePomfret a new North West Branch committee membergiving us an <strong>of</strong>ten humorous talk about his experiencesas a project manager on the “the Blackpool promenadeimprovements project”.◆ In addition a “Mediation Surgery” was again run this year,in association with the Association <strong>of</strong> Northern Mediators,directed by Mark Mattison and John Price. This event hasnow become a regular feature in the North WestCalendar.■debated the pros and cons <strong>of</strong> the recent changes.Approximately 90 people attended this event and theBranch aims to continue to hold joint events with otherpr<strong>of</strong>essional institutions whenever possible.Michael Pye has worked tirelessly as the Branch IntersocietyLiason Officer in providing an Events Calendar involving theCIOB, the Northern Commercial Bar Association, SalfordUniversity, RICS, RIBA & ICE.The Committee produced a Summer and Winter edition <strong>of</strong>the Branch Newsletter and our thanks go to John Price forhis editorial work and also to all those that contributedvaluable articles and contributions.Three Dinners were organised during the year and thecommittee conveys its thanks to the Dinner Chairman, MarkMattison. As well as a dinner following the AGM in March,the NW <strong>Annual</strong> Dinner in November was a great successwith Rosemary Jackson QC attending as the guest speaker.Thanks are also extended to Keith Miller in his role as ViceChairman and his work in developing the new Branch WebSite and for agreeing to step in as Honorary Secretary dueto the unexpected departure <strong>of</strong> Daniel Brawn to work in theMiddle East.Ian Williams has worked very hard in his final year asChairman and has been active in promoting the North WestBranch with initiatives to both increase membership andencourage existing members to become involved in Branchactivities.In addition to producing a “Quick Introduction to SocialMedia” which included a “Guide to getting started withTwitter” (in the Summer Newsletter), Ian also organised a“Introduction to LinkedIn and how to use it properly” TrainingSeminar in January 2012. The event attracted membersfrom other organisations such as the Association <strong>of</strong>Northern Mediators, as well as Branch and committeemembers.There is a full programme <strong>of</strong> events planned for 2012 andthe Branch looks forward once again to a successful andrewarding year ahead.■◆ “The New Construction Act” (a very successful joint eventwith the CIOB) at which Kevin Hayes and Erik MouzerCIArb <strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>: United Kingdom Branch ReportsPage 35


<strong>Annual</strong> Report 2010Scottish BranchChairman: John Hunter MCIArbThe principal Scottish Branch <strong>of</strong>ficers for <strong>2011</strong> were: JohnHunter (Chairman), Richard Farndale (Honorary Secretaryand Honorary Treasurer).The Branch has continued with its annual programme <strong>of</strong>events, which have been well attended with averagemeeting sizes <strong>of</strong> 30 plus members and interested parties.Brief details <strong>of</strong> our <strong>2011</strong> series <strong>of</strong> events are set out below:A parallel series <strong>of</strong> well attended events organised by ourNorthern Chapter also took place during the course <strong>of</strong> the year.The Scottish Branch has continued to forge relationshipswith other organisations through the work <strong>of</strong> ourDevelopment Officer and a more collaborative approach inrelation to events can be seen from the range <strong>of</strong>organisations that the Scottish Branch has co-hostedevents with over the last year.The Scottish Branch has continued to remain financiallyhealthy and this has allowed it to make funds available forthe further advance <strong>of</strong> Arbitration in Scotland as explainedhereafter.The Scottish Branch was heavily involved in the ongoingpromotion <strong>of</strong> arbitration following the entry into force <strong>of</strong> theArbitration (Scotland) Act 2010 on 7 June 2010. The Branchprovided substantial initial funding along with the LawSociety <strong>of</strong> Scotland, The Faculty <strong>of</strong> Advocates and the RICSin the setting up <strong>of</strong> The Scottish Arbitration Centre topromote Scottish arbitration internationally and domesticallyand continued its series <strong>of</strong> events and educationalprogramme, which is commented on further below.The Scottish Branch was represented at an evening receptionin the Garden Lobby <strong>of</strong> the Scottish Parliament in Septemberhosted by Roseanna Cunningham MSP to mark the <strong>of</strong>ficiallaunch <strong>of</strong> the Scottish Arbitration Centre. The branch and itsmembers have been heavily involved in the promotion andorganisation <strong>of</strong> the centre. This is an extremely excitinginitiative and the Scottish Branch is fully committed toplaying a full role in the Scottish Arbitration Centre goingforward including a launch event in London in early 2012.This connection with the Scottish Government was enhancedwhen our Nothern Chapter hosted a meeting with RoseannaCunningham, Minister for Community Safety and LegalAffairs on 27 September <strong>2011</strong> at the <strong>of</strong>fices <strong>of</strong> Paul &Williamson, Aberdeen.Roseanna Cunningham highlighted the opportunitiespresented by the new Scottish Arbitration Centre (SAC), andthe Arbitration (Scotland) Act 2010 to attract arbitration workto Scotland. The next steps were to build on the potentialand bring in business.There was discussion about the opportunities presented bythe Renewables sector, particularly with regard to <strong>of</strong>fshoreenergy production. It was important to influence those whodrafted contracts so that ADR clauses referring to theScottish system were incorporated. It was noted that therewas a cultural dimension to selling Scottish arbitration.The Minister hoped that SAC will help educate others to beaware <strong>of</strong> the Scottish legal system, that the SAC committeemembers would act as ambassadors. The Minister <strong>of</strong>feredto help identify and exploit opportunities presented by SAC.The Minister <strong>of</strong>fered to try and bring influence to bear throughlinks with other ministers in the Scottish Government whenspeaking at conferences etc, involving lawyers and energyclients whether small, medium or large sized arbitrationswere being considered.Beyond the foregoing events, the Scottish Branch held its<strong>Annual</strong> Dinner in Glasgow on 19 March 2010 withapproximately 130 people in attendance.Events◆ 13 January <strong>2011</strong>: Joint event with PLA, “Battle Royal”(Arbitration v Expert Determination v Mediation vLitigation Hew Dundas, Pamela Lyall, Brandon Malone◆ 18 March <strong>2011</strong>: <strong>Annual</strong> Dinner. Speaker Vincent Connor.Hilton Hotel, Glasgow◆ 24 March <strong>2011</strong>: Employment Event. Morton Fraser◆ March <strong>2011</strong>: Northern Chapter: Expert witness seminar◆ April <strong>2011</strong>: Northern Chapter conference at RobertGordon University in Aberdeen entitled “Oil and GasArbitration in Scotland in the 21st Century: What YouNeed to Know”. The keynote speaker was Peter J Rees,QC, Legal Director <strong>of</strong> Royal Dutch Shell.◆ 15 April <strong>2011</strong>: AGM and Prestige Lecture. Lord GlennieEdinburgh◆ 16 May <strong>2011</strong>: Joint debate with Franco- British LawyersAssociation. Edinburgh◆ June <strong>2011</strong>: “Arbitration Act: One Year on”◆ May <strong>2011</strong>: Northern Chapter: Local Democracy,Economic Development and Construction Act 2009Page 36CIArb <strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>: United Kingdom Branch Reports


<strong>Annual</strong> Report 2010◆ October <strong>2011</strong>: “Adjudication v Arbitration” A debate withLen Bunton and Janey Milligan◆ The Arbitration [Scotland] Act 2010 25 October <strong>2011</strong>,3.30 – 6 pm Burness, Glasgow◆ CIARB Scottish Branch Adjudication Panel TrainingSession◆ 28 October <strong>2011</strong>, 1.30-4 pm Blythswood Square Hotel,Glasgow◆ The Arbitration [Scotland] Act 2010 1 November <strong>2011</strong>3.30 – 6 pm Burness, Glasgow◆ The Arbitration [Scotland] Act 2010 17 November <strong>2011</strong>,RGU, Aberdeen Business School,◆ The Arbitration [Scotland] Act 2010 29 November <strong>2011</strong>RGU, Aberdeen◆ 16 December SAC Edinburgh Promoting ScottishArbitrationOn the education front, we have continued to maintain ahigh level <strong>of</strong> activity with a variety <strong>of</strong> educational coursesincluding our regular entry courses and arbitration modules1 and 2. We have continued our regular CPD days for theChairman's Panel <strong>of</strong> <strong>Arbitrators</strong> and Adjudicators.The Scottish Branch's Newsletter which is circulated by e-mail 4 times a year remains one <strong>of</strong> our main techniques forcommunication alongside our new website(http://www.ciarb.org/scotland) which was launched inlate 2010.Plans for 2012In conclusion, the Branch has had a very busy year. We areexited about 2012 which will see a number <strong>of</strong> exciting newinitiatives such as hosting the World Congress and itsattendant conference in Edinburgh in November. Plans arewell underway for this and the Branch has been able toconfirm that Lord Glennie the Principle Commercial CourtJudge in Scotland and the judge with responsibility forarbitration referrals under the Scottish Arbitration Act willgive the keynote address.Southern BranchNo report received.■■South East BranchChairman: Charles Brown FCIArbWhilst this report would normally cover the period from thelast AGM in April <strong>2011</strong> to the next in 2012, my resignationas Chairman <strong>of</strong> the branch because I have accepted theBoard <strong>of</strong> Trustee’s invitation to become the Chair <strong>of</strong> the<strong>Institute</strong>’s Board <strong>of</strong> Management, means there will need tobe two Chair reports this year.The branch focus following the <strong>2011</strong> AGM was to putforward an attractive programme <strong>of</strong> speakers for ourmeetings in the autumn <strong>of</strong> <strong>2011</strong> and first half <strong>of</strong> 2012 and torun an introductory course to attract new members.Rod O’Driscoll and Philip Fidler took responsibility fororganising and running the introductory course which tookplace at the beginning <strong>of</strong> October and was attended by over20 delegates. The event was a great success and whilst thefinal numbers have yet to be confirmed it appears thiscourse, together with a number <strong>of</strong> other new members wehave attracted, have increased the branch membership byabout 5% which I think is a very real achievement whenmany <strong>of</strong> the branches in the UK have suffered a net loss inmembership year on year recently.Going forward we are hoping to extend the branch trainingcourses to build on what has been a significant success.Rod and Philip are to be congratulated on the success <strong>of</strong>the project.Our programme <strong>of</strong> speakers started in October when Philipand I gave a presentation on the changes to the HousingGrants, Construction and Regeneration Act (HGCRA) and afew observations on the likely difficulties the changes maycause in the years to come. It remains to be seen whetherour concerns are well founded!The highlight <strong>of</strong> the autumn was the meeting which was heldat the Grand Hotel in Brighton with the <strong>Institute</strong>’s <strong>2011</strong>President, Doug Jones. We started the event at 4.30pmwith a workshop which was attended by 30 people,followed at 6.30pm by the President giving a presentation <strong>of</strong>where he sees CIArb today and in the future. Whilstrecognising the challenges we face both internationally andwithin the UK, his overall message was an upbeat one.Doug will be a very hard act for future presidents to followsand his qualities were illustrated when we asked if there wasa synopsis <strong>of</strong> his presentation that we could put on thebranch website. The response was that Doug never usesany form <strong>of</strong> notes when making such presentations! HappilyCIArb <strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>: United Kingdom Branch ReportsPage 37


<strong>Annual</strong> Report 2010a combination <strong>of</strong> Philip Fidler and Ian Jones were able to puttogether what we believe is a reasonable summary <strong>of</strong>Doug’s talk which is now available on the website and Iwould thoroughly recommend it to all members.We ended the year with a further committee meeting whichreviewed and refined our programme for the New Year. It willinclude the views <strong>of</strong> an expert in clinical negligence litigationabout the possible use <strong>of</strong> ADR in what at present is theexclusive domain <strong>of</strong> litigation, an update on hot legal topicson arbitration, adjudication and mediation, and the AGMwhich will be followed by a branch dinner at which we hopethe guest speaker will be Paul Darling QC.It has been a pleasure and a privilege to be the Chair <strong>of</strong> theSouth East Branch. I am delighted that Ian Jones hasagreed to become the new Chair and I know the branch willfully support him.■Thames Valley BranchChairman: Robert Sliwinski FCIArbThe principal Thames Valley Branch <strong>of</strong>ficers for <strong>2011</strong> were:Robert A Sliwinski (Chairman), David Wilson (HonorarySecretary), Kevin McKee (Honorary Treasurer).Events and meetings◆ 2 February cancelled due to bad weather◆ 2 March talk on the Bribery Act and possiblereproductions <strong>of</strong> a breach◆ 4 May talk on “Nonsense – propositions aboutAdjudication, Arbitration & Mediation: who says this isnonsense◆ 1 June talk on Mediation in the community◆ 12 October talk on “Share Valuation – An Art orScience?”◆ 9 November talk on all aspects <strong>of</strong> Mediation in thecommercial worldThe branch has continued to provide meetings for itsmembers throughout the year and has attempted toascertain what kind <strong>of</strong> activities the membership would likeus to provide. Finance remains static at approximately£10,000.00 in the bank as has membership <strong>of</strong> about 300.Plans for 2012A series <strong>of</strong> four evening Adjudication Workshops which willprovide the opportunity to receive comprehensiveinformation and participate in group discussions led byexperienced practitioners <strong>of</strong> adjudication under the HousingGrants Construction & Regeneration Act 1996 and relatedcontractual provisions.The branch is planning to hold six evening events throughthe year.■Wales BranchNo report received.■Page 38CIArb <strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>: United Kingdom Branch Reports


<strong>Annual</strong> Report 2010West Midlands BranchChairman: Keith Blizzard FCIArbThe principal Branch <strong>of</strong>ficers for <strong>2011</strong> were:Keith Blizzard (Chairman), David Simons (Vice-Chairman),Madelaine Hanlon (Honorary Secretary), Dr Robin Singleton(Honorary Treasurer).Membership: 309The Committee meets every other month during the year,with sub-committees meeting as required.Finances remain healthy, despite having had to absorb areduced venue booking fee for the Branch Conference oncancellation in the previous year.As a result <strong>of</strong> a lack <strong>of</strong> support for the Branch Conference,outgoing Chairman, Robert Harrison, wrote to the Branchmembership to gauge their response to the programmebeing organised by the Branch Committee and to requesttheir input as to the type <strong>of</strong> events which they wish to see.There was a good response to the questionnaire whichadditionally resulted in a number <strong>of</strong> members standing forthe Committee at the AGM on 20 April <strong>2011</strong>. With manynew faces on the various sub-committees, time has beentaken to review the programmes <strong>of</strong>fered previously and tosee how these could be improved to be <strong>of</strong> greater benefit tothe members.The guest speaker at the AGM was Pr<strong>of</strong>essor Rudi Kleinwhose subject was “Changes to the Construction Act – willthey make a difference to dispute resolution”. His timelypresentation on the implications <strong>of</strong> the forthcoming changeswith regards to payment notices was particularly interestingand he also raised points on other issues which the changeseither did or did not address successfully.The Branch Young Members Group continued their hardwork in trying to attract support for the Group. A panel eventon Alternative Forms <strong>of</strong> Dispute Resolution was held inOctober. The panel members were HHJ Frances Kirkham,Michael Stephens, Nigel Ribbands and Keith Blizzard. Thespoke respectively - and persuasively - on the merits <strong>of</strong>litigation, arbitration, adjudication and mediation, and wereeach subject to close questioning on their arguments.was carried out in Australia and in the UK. He was mostcomplimentary about the format <strong>of</strong> the event, and about theknowledge and experience evidenced by those who took part.Keith Blizzard was invited to attend events by both the EastMidlands and North West Branches. He learned muchabout the way both Branches operated and this hasresulted in a closer alignment with the East Midlands,promoting access to each other’s events to the members <strong>of</strong>both Branches.The operation <strong>of</strong> the Branch website was reviewed andsteps have been taken to improve the use <strong>of</strong> the website asan up-to-date means <strong>of</strong> communicating with Branchmembers.In general the events have attracted a good level <strong>of</strong> support,but the Committee is working to increase that level in thecoming year. Links with other pr<strong>of</strong>essional organisations inthe region are being pursued to arrange joint events, andmore work is being undertaken to promote the YoungMembers Group.Future PlansThe response to the questionnaire sent by Robert Harrisonindicated that legal update events are those which are mostpopular with West Midlands Branch members. These,together with popular events such as the adjudicationworkshops, are reflected in the planned programme for2012. In addition, a niche arbitration theme has beenintroduced into the programme <strong>of</strong> events for the comingyear to encourage members to investigate specialised areas<strong>of</strong> arbitration.The Committee has many ideas for events which it is takingforward into its planning for 2013. As yet, the Branchconcentrates on providing CPD event and does not <strong>of</strong>ferPathway training, but this will be considered for the future.The Committee would like to record its thanks to RobertHarrison for the time, commitment and hard work he hascontributed as Chairman on his retirement from the chairand also for his continuing support to the committee with hisinvaluable advice.■The ever popular adjudication workshop followed inNovember, presented by Committee members DavidCartwright and Keith Blizzard. On this occasion, CIArbPresident Doug Jones participated in the event, as well asproviding some insight into the differing ways adjudicationCIArb <strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>: United Kingdom Branch ReportsPage 39


<strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>Western Counties BranchChairman: Jonathan Wyatt FCIArbThe Branch is in good health and our numbers remainstable. This year Chairman Jonathan Wyatt took over fromPast Chairman, Mike Twine, in April at the <strong>Annual</strong> GeneralMeeting. The Branch thanks Mike Twine for his contributionto the Branch over the years, initially as the Public RelationsOfficer, Vice Chairman and then Chairman. Chris Smartmoves up to Senior Vice Chairman and Ge<strong>of</strong>f Hanna takeson an executive role as Junior Vice Chairman.The Branch thanks Secretary Steve Wilkinson and TreasurerRobin Gupta for their sterling work in the smooth running <strong>of</strong>the branch. The Branch also thanks past committeemembers Ann Brady, Guy Cottam and Morwenna Crichtonfor their service over the years now that they have retiredfrom the committee.In January Niall Lawless attended and spoke at the Branchmeeting held at the Bristol Golf Club in South Gloucester. Hegave us a most fascinating talk about arbitration in Chinawhich included his pathway towards a doctorate inarbitration from a Taiwan University.Robin Gupta provided us with two excellent speakers,Simon Henderson and Laura Crowley from 4 Pump Court,for the April meeting/AGM. They spoke on Builders’concurrent duties in Tort and Contract which tested themettle <strong>of</strong> the Branch. We much appreciated being able tohold our AGM at Robin’s <strong>of</strong>fice premises at Clarke Willmottin Bristol.The summer meeting was held in Cornwall where a selectgroup <strong>of</strong> members and their guests visited the Eden Projectafter an excellent lunch at the Carlyon Bay Hotel.Our September meeting took place in Somerset at theCastle Hotel, Taunton, where the Branch entertained thePresident <strong>of</strong> the <strong>Institute</strong>, Doug Jones. He gave us a veryinformative talk which included an update on the future <strong>of</strong>CIArb.The November meeting saw us in Devon at Exeter GolfClub. Peter Fraser QC gave us a most interesting update onadjudication.The Branch is grateful to Sue Banwell Moore for running aMediation Workshop and to Jonathan Wyatt for running theBranch’s Arbitration Surgery in December.We look forward to the talks <strong>of</strong> John Tackaberry QC inFebruary 2012 and Pr<strong>of</strong>essor John Uff QC in April 2012.■Page 40CIArb <strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>: United Kingdom Branch Reports


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<strong>Annual</strong> <strong>Review</strong> <strong>2011</strong>CIArb12 Bloomsbury Square, London, WC1A 2LP, United KingdomRegistered Charity Number: 803725T + 44 (0)20 7421 7444 E info@ciarb.org W www.ciarb.orgPage XX

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