News Archive
- Scottish Arbitration Centre partners with Opus 2 to boost international arbitration in Scotland
The Scottish Arbitration Centre has entered into a strategic technology partnership with Opus 2, a leader in cloud-based collaboration solutions for the legal sector, in order to boost international arbitration in Scotland.
The Scottish Arbitration Centre opened in 2011. It promotes arbitration to the Scottish business community as an effective alternative to litigation, and Scotland to global players as an attractive place to conduct international arbitration. This year, the centre will also play host to the XXVth International Council for Commercial Arbitration Congress (ICCA), which takes place in Edinburgh in September.
The partnership will allow the Scottish Arbitration Centre to enhance its services using market-leading technology, including secure and efficient document-sharing and case management with external and internal stakeholders.
Opus 2 is at the forefront of legal sector innovation in disputes and hearings, and its solutions help connect a wide range of stakeholders across the lifecycle of international arbitration proceedings. In 2021, Opus 2 supported over 400 cases in international arbitration that included law firms, their clients and other participants from more than 75 countries. Its solutions have also been used by over 700 leading arbitrators globally.
Commenting on the announcement, Brandon Malone, Chairman of the Board of the Scottish Arbitration Centre, said:
“With Scotland’s distinguished legal tradition and innovative legislation, the Scottish Arbitration Centre is well placed as an attractive and cost-effective venue for international arbitration on the global stage. The partnership with Opus 2 enables us to leverage Opus 2’s market-leading technology and global experience in arbitration to innovate more rapidly and with lower risk to enable parties, legal teams and arbitrators to conduct more efficient, timely and cost-effective arbitral proceedings.”
Holly Gavaghan, Head of Arbitration – Business Development at Opus 2, added:
“We are excited about working with the Scottish Arbitration Centre. Our focus on innovating to more seamlessly connect international arbitration actors, including arbitral institutions, arbitrators, counsel and parties across the entire lifecycle of proceedings aligns strongly with the centre’s vision for its services.”
About the Scottish Arbitration Centre
The Scottish Arbitration Centre opened in 2011. It promotes arbitration to the Scottish business community as an effective alternative to litigation, and Scotland to global players as an attractive place to conduct international arbitration. It also currently appoints arbitrators in ad hoc matters and offers training and facilities for hearings. This year, the centre will also play host to the XXVth International Council for Commercial Arbitration Congress (ICCA), which takes place in Edinburgh in September.
About Opus 2
Opus 2 provides game-changing, cloud-based legal technology and services that enable law firms to build the connected digital practices of tomorrow, today. Our solutions allow firms to transform at a pace that fits their busines needs, to streamline and connect the different stakeholders end to end and deliver greater efficiency, collaboration and insight. Powered by Opus 2, law firms worldwide are delivering innovative, solution-based services that bring their teams, clients and third parties together in a single connected space, so lawyers can focus on what matters most – creating value, differentiation and deeper client engagement. www.opus2.com.
2. London International Disputes Week
We are pleased to share that the Scottish Arbitration Centre is an institutional supporter of London International Disputes Week (LIDW) this year.
LIDW is a hybrid conference, taking place between the 9th and 13th of May in Central Hall, Westminster. The event provides an opportunity for dispute resolution professionals from around the globe to debate the current disputes landscape, and the future of disputes resolution.
The theme of this year’s conference is Dispute Resolution – Global, Sustainable, Ethical?, and will open with a day dedicated to international dispute resolution with a “follow the sun” model for different jurisdictions globally.
This year’s programme features a range of speakers debating issues that span the disputes resolution landscape. The core conference will also feature keynote speeches from leaders in the sector, including Lord Reed and Judge Loretta Preska. LIDW will then close with two days of member events focussing on specific areas of expertise.
To purchase tickets for the event, click here. Tickets start at £100 and can be purchased for the virtual or in-person conference. In-person tickets include access to the entire programme, including networking and drinks.
3. December Newsletter
You can find our December newsletter, featuring updates and recordings from the Centre’s events at COP26 and Dubai Arbitration Week, here.
4. November Newsletter
You can find our November newsletter, featuring the updated ICCA snapshot and information on the Centre’s events at COP26 and Dubai Arbitration Week, here.
5. Thomas Halket Obituary
Thomas Halket Obituary
It is with much sadness that we report the death of Thomas Halket, one of the members of our Arbitral Appointments Committee, serving on the committee for over a decade.
Brandon Malone, Chairman of the Centre, said:
“We are very saddened to hear of the death of Tom Halket. Proud of his Scottish heritage, Tom was an early supporter and great friend of the Scottish Arbitration Centre, always ready to share his extensive experience and to help in our promotion of Scotland as a place to arbitrate. He will be greatly missed.”
6. Vincent Connor Obituary
Vincent Connor Obituary
It is with much sadness that we report the death of Vincent Connor.
Vincent was a strong supporter of the Scottish Arbitration Centre, serving on our independent Arbitral Appointments Committee for over 10 years. He met with Andrew Mackenzie, Chief Executive of the Centre, in Hong Kong two years ago and confirmed his enthusiasm for the Centre, offering to assist wherever possible.
Below is an obituary prepared by Brandon Nolan, one of the Directors of the Centre and Vincent’s colleague at Pinsent Masons.
Vincent Connor Obituary
Born: 17 April 1964
Died: 5 October 2021
Vincent Connor who passed away at the age of 57 after a period of illness was a distinguished and highly respected Scottish lawyer.
After graduating with a First Class honours degree from the University of Glasgow in I986 and completing his Diploma in Legal Practice the following year Vincent commenced his traineeship with Hughes Dowdall in 1987 and thereafter remained with that firm for a post qualifying year before joining the construction team at McGrigor Donald in 1990 and going on to become a partner in the firm in 1995. Vincent subsequently was a co-founder of what was then Masons’ Scottish practice in 1998. In 2007 Vincent relocated to Hong Kong to take on the role of head of office and over the last 14 years developed a stellar reputation in construction and engineering law as an adviser and as an advocate in dispute resolution processes in high profile infrastructure and energy projects across Asia Pacific and was recognised as pre-eminent in all the leading legal directories.
In addition to a very busy legal practice Vincent had a number of external roles including positions as chair of the International Infrastructure Forum of the British Chamber of Commerce in Hong Kong and as the honorary legal adviser to the Institution of Civil Engineers in Hong Kong. Vincent also sat on the Advisory Board of the Law Faculty at the Chinese University of Hong Kong and was a Fellow of the Institution of Civil Engineers. He was also a strong supporter of the Scottish Arbitration Centre, serving as a member of its independent Arbitral Appointments Committee for over 10 years.
Vincent’s work in promoting Scotland internationally and particularly in Hong Kong were recognised when he was inducted by the First Minister in 2018 to the GlobalScot Hall of Fame having been appointed as a GlobalScot in 2007. Vincent was also a trustee of the Saltire Foundation which supports high-flying Scottish graduates in securing international work experience opportunities, and chaired a council of Scottish business people in Hong Kong which works closely with Entrepreneurial Scotland to help build up a sustainable flow of Saltire Scholars to Asia.
In announcing the sad new of Vincent’s passing Richard Foley, Senior Partner of Pinsent Masons, said:
“We are so deeply saddened by the loss of our friend, partner and colleague. Vincent had a profound impact on those around him. He was of course a talented lawyer and an inspiring leader, but what we all remember is Vincent the man – a true gentleman who was unfailingly kind, funny and ever thoughtful of others.
He leaves behind so many friends within the Hong Kong business and legal community all of whom will be thinking of Gillian, Vincent’s wife, at this very sad time. Vincent enriched our firm and the lives of people around him in so many ways. We were so lucky to have had him as our friend. He will be sorely missed and all our thoughts are with Gillian and their families at this time”.
7. ICCA Edinburgh rescheduled to 18-21 September 2022
The International Council for Commercial Arbitration (ICCA) and the Scottish Arbitration Centre (SAC) announce that the XXVth Congress in Edinburgh has been postponed from September 2021 to 18 – 21 September 2022.
While Covid-19 travel and gathering restrictions are slowly easing internationally, the two organisations have reluctantly concluded that restrictions likely will not have eased sufficiently by September 2021 to allow for an in-person Congress welcoming delegates from around the world.
ICCA President Lucy Reed said:
“A strength of the ICCA Congress is that it convenes our far-flung global arbitration community. The new September 2022 dates will let us plan for a truly international Congress.
ICCA is grateful for the ongoing support, hard work and patience of the SAC, led by Brandon Malone and Andrew Mackenzie, and of the Programme Committee, chaired by Cavinder Bull, Loretta Malintoppi and Constantine Partasides. We look forward to an engaging programme and to spending time with friends old and new when we meet in Edinburgh in September 2022.”
Brandon Malone said:
“The move to the new dates will allow us to host the global arbitration community in the manner that we originally envisaged: a celebration of international arbitration in the stunning setting of Scotland’s capital, a gala dinner and ceilidh dance at the National Museum of Scotland, a symposium on international dispute resolution in the home of the Enlightenment.”
Andrew Mackenzie added:
“Registered delegates of the Congress will automatically have their registrations and, where relevant, their accommodation transferred to the September 2022 Congress.”
8. Vice Chairman appointed Judge of the Court of Appeal in DIFC Court
Lord Glennie, Vice Chairman of the Board of the Scottish Arbitration Centre, has been appointed a Judge of the Court of Appeal in the Dubai International Financial Centre (DIFC) Courts in Dubai.
The DIFC Courts are an independent English language common law judiciary, based in the DIFC with jurisdiction governing civil and commercial disputes nationally, regionally and worldwide. The Courts began operations in 2006. Originally the jurisdiction of the DIFC Courts was limited to the geographical area of the DIFC, but since 2011 the DIFC Courts have been allowed to hear any local or international cases and to resolve commercial disputes with the consent of all parties. The Court of Appeal shall be comprised of at least three Judges, with the Chief Justice or most senior Judge presiding. The Court of Appeal has exclusive jurisdiction over appeals filed against Judgments and Awards made by the Court of First Instance.
After a career at the commercial bar in London, where he specialised in commercial and international arbitration, and later as an advocate in Edinburgh, Angus Glennie was appointed a judge of the Court of Session in 2005 and worked originally as an intellectual property judge. He became Principal Commercial Judge in 2007, a position which he held for some four years. Angus was appointed an arbitration judge in 2010, delivering the first judgments under the Arbitration (Scotland) Act 2010. In 2016 he was appointed to the First Division of the Inner House of the Court of Session and was also appointed to the Privy Council. In December Angus joined Axiom Advocates in Edinburgh and re-joined his old chambers, Twenty Essex, in London, in each case as an arbitrator. He also remains chair of the SCTS Arbitration Court Users Group.
Angus joined the Board of the Centre as Vice Chair in December, the day after he retired as a Senator of the College of Justice. He is due to replace Brandon Malone as Chair of the Board when Brandon steps down after ICCA Edinburgh, which is due to take place 26-29 September 2021.
Brandon said:
“I congratulate Angus on his appointment as a Judge of the Court of Appeal of the DIFC Courts. His experience as a commercial judge and latterly in the Inner House make him an excellent candidate for this prestigious role.”
9. Lord Glennie to replace Brandon Malone at Scottish Arbitration Centre after ICCA Edinburgh
The Scottish Arbitration Centre has announced that Lord Glennie will replace Brandon Malone as Chair of the Board of the Scottish Arbitration Centre when Mr Malone steps down after ICCA Edinburgh, which will take place 26-29 September 2021. Angus Glennie will join the Board as Vice Chair on 3 December 2020, the day after he retires as a Senator of the College of Justice.
He will be joined by three other new Directors, including Mary Thomson who will become Vice Chair when Angus Glennie becomes Chair. Peter Scott Caldwell and Gillian Carmichael Lemaire will add further expertise to the Board, joining current Directors Brandon Malone, Janey Milligan, Brandon Nolan, Ysella Jago and George Burgess.
After a career at the commercial bar in London, where he specialised in commercial and international arbitration, and later as an advocate in Edinburgh, Angus Glennie was appointed a judge of the Court of Session in 2005 and worked originally as an intellectual property judge. He became Principal Commercial Judge in 2007, a position which he held for some four years. Angus was appointed an arbitration judge in 2010, delivering the first judgments under the Arbitration (Scotland) Act 2010. In 2016 he was appointed to the First Division of the Inner House of the Court of Session and was also appointed to the Privy Council. Angus is now joining Axiom Advocates in Edinburgh and re-joining his old chambers, Twenty Essex, in London, in each case as an arbitrator. He will also remain chair of the Arbitration Court Users Group.
Mary Thomson is a Chartered Arbitrator, accredited mediator (Hong Kong International Arbitration Centre (HKIAC)) and accredited adjudicator (HKIAC) now based in Edinburgh. She is also a barrister at 36 Stone Chambers (London and Singapore) and Pacific Chambers (Hong Kong (HK)) and former solicitor (England & Wales and HK), including as Partner in Dispute Resolution and Regional Head of Insurance at Brandt Chan & Partners/SNR Denton, HK. She is also Chair of ARIAS Asia and Immediate Past Chair of the Executive Committee of CIArb East Asia Branch.
Peter Scott Caldwell began his career as an engineer at Stirling County Council, then worked in Kenya and Qatar before moving to Hong Kong. He was Secretary General of the Hong Kong International Arbitration Centre (HKIAC) between 1990 and 1998. Peter remains in HK and is currently in practice as a Chartered Arbitrator, adjudicator and mediator.
Gillian Carmichael Lemaire is dual-qualified as a Member of the Paris Bar and a Scottish solicitor, based in London at Carmichael Lemaire Ltd. Having started out as a litigator in Glasgow, she has spent most of her 35-year career in international arbitration and, more recently, mediation. Gillian is a Fellow of the CIArb and a member of their London Branch Committee. She serves as arbitrator and is an accredited mediator. Gillian is also a visiting lecturer in international arbitration at the University of Aberdeen and a Member of the Advisory Council to the Board of ArbitralWomen.
Brandon Malone, Chairman of the Board of the Centre, made the announcement as he opened the Centre’s virtual conference on arbitration and its adaptive nature in a changing world. He said:
“I am delighted that Angus Glennie is now Vice Chair of the Board, and that Mary Thomson, Peter Scott Caldwell and Gillian Carmichael Lemaire have also joined the Centre. The fact that we have been able to attract such expertise and diversity to the Board is testament to our development and success as an organisation over the last ten years.”
Andrew Mackenzie, Chief Executive of the Centre, said:
“I welcome Lord Glennie, Mary, Peter and Gillian to the Board and very much look forward to working with them as we look to develop new services and deliver ICCA Edinburgh.”
Lord Glennie said:
“I am thrilled to accept this appointment. I hope that my previous experience in international arbitration and more recently as an arbitration judge will assist with the work of the Centre. I look forward to working with Brandon Malone and the other Directors of the Centre and to the new challenges and opportunities that await.”
10. ICCA Edinburgh re-scheduled to 26-29 September 2021
The International Council for Commercial Arbitration (ICCA) and the Scottish Arbitration Centre have announced that the XXVth ICCA Congress has been re-scheduled from February 2021 to 26-29 September 2021 in Edinburgh.
Lucy Reed, President of ICCA, said:
“We have been monitoring the Covid-19 travel and gathering restrictions closely, and it has become increasingly evident that the Congress could not go ahead in February in anything near the traditional format. While nothing about the pandemic and its impact on our lives is predictable, we believe that the new September 2021 dates give us the best chance to meet in person, engage with speakers, share knowledge, and simply spend time with friends old and new – something we are now missing so much.
This could not have happened without the unstinting efforts of the Edinburgh Congress Host, the Scottish Arbitration Centre, led by Brandon Malone and Andrew Mackenzie, and the flexibility shown by the Programme Committee, led by Cavinder Bull, Loretta Malintoppi and Constantine Partasides.”
Brandon Malone, Chair of the Scottish Arbitration Centre and the ICCA Edinburgh Congress, said:
“We look forward to welcoming delegates to Edinburgh in September 2021 and hope by then to be able to give all attending a true Scottish welcome. These new dates give us the best chance of hosting the Congress we had intended, giving delegates a real taste of what Edinburgh has to offer”.
It has also been confirmed that Mr Malone and Andrew Mackenzie, Chief Executive of the Centre, will remain in place to deliver the Congress, and that Gabrielle Kaufmann-Kohler, Immediate Past President of ICCA, will share the stage with Ms Reed in Edinburgh.
Registered delegates of the Congress will automatically have their registrations and, where relevant, their accommodation transferred to the September 2021 Congress.
11. The Scottish Arbitration Centre is seeking a new Chair of the Board
The Scottish Arbitration Centre is looking to appoint a new non-executive Chair who will lead it through its next phase as it seeks to build on hosting ICCA Edinburgh, develop its strategic objectives and refresh its governance.
February 2021 will be a special milestone for arbitration in Scotland, as the Centre will host the Congress of the International Council for Commercial Arbitration (ICCA) (postponed from May 2020 due to COVID-19) in Edinburgh. After ICCA Edinburgh, and having served for ten years, Brandon Malone, the current Chair of the Centre Board, is stepping down.
We are looking for a visionary leader with non-executive Board experience and knowledge of arbitration on an international and domestic level, with strong communication skills and a willingness to drive the Centre forward with integrity, playing a critical role in promoting the Centre and its objectives.
The successful candidate will begin as Vice Chair until after ICCA Edinburgh, in order for an appropriate transition with the current Chair. The term is three years (renewable once). The role requires a commitment of at least two days per month, including the chairing and coordination of Board meetings and attendance at relevant events, where presentations might be required, some of which may be at evenings and weekends.
The position is based in Edinburgh, although travel within Scotland and internationally will be required. This role is not remunerated, but expenses will be paid (including expenses to attend approved international conferences).
The Centre is the home of domestic and international arbitration in Scotland. Established in 2011, it promotes Scottish arbitration and Scotland to the world as a place to conduct arbitration. The Centre has a Board of six independent Directors. Andrew Mackenzie is the Chief Executive, seconded from Scottish Government, and is supported by three members of staff. The Centre receives some grant funding from the Scottish Government. Further details can be found at www.esplinandfraser.co.uk
Closing date – Please be aware this has been extended to 30 September 2020, 5pm BST, the deadline on the below attachments can be ignored.
Interviews will take place on 30 October 2020.
To apply, please visit www.esplinandfraser.co.uk for the specification and to complete the application form. This should be sent to Fiona Menzies fiona@esplinandfraser.co.uk If you do not receive an acknowledgement within 48 hours, please contact Fiona.
For a confidential discussion regarding the role, contact Chief Executive, Andrew Mackenzie chiefexec@esplinandfraser.co.uk in the first instance.
The advert, specification and application form can be found through the links below:
Advert – Chair – Scottish Arbitration Centre – 2020
Specification – Chair – Scottish Arbitration Centre – 2020
Application Form – Chair – Scottish Arbitration Centre – 2020
12. Malone and Mackenzie to remain in post to deliver ICCA Edinburgh
The Scottish Arbitration Centre has confirmed that Brandon Malone, Chairman of the Centre, and Andrew Mackenzie, Chief Executive of the Centre, are to remain in post to deliver ICCA Edinburgh on 1-4 February 2021.
Mr Malone was due to stand down as Chairman of the Board in June 2020. Mr Mackenzie’s secondment was also to be terminated at some stage after the Congress. He is a public lawyer seconded from the Scottish Government. The news has been welcomed by the Board of the Centre and ICCA.
One Director of the Board, Janey Milligan, said:
“I am delighted that Brandon and Andrew will remain in place to deliver ICCA 2021. They have been at the forefront of driving the Board’s objective in promoting Scotland as an arbitral jurisdiction and understand the challenges faced with the postponement of the Congress. The Board appreciates the significant work they have both done over many years and we are grateful for their continued commitment to the Centre and ICCA Edinburgh.”
Gabrielle Kaufmann-Kohler, President of ICCA, said:
“I am most relieved that Brandon and Andrew will still be in their positions at the time of the Congress. I am also grateful personally and on behalf of ICCA for the additional time commitment they have agreed to take on. I am truly looking forward to opening the Congress in Edinburgh together with my successor Lucy Reed.”
Brandon Malone said:
“After over nine years as Chairman, I planned to stand down in June to make way for new blood at the Centre and also to focus on developing my arbitration practice and exploring new opportunities. However, I want to deliver ICCA Edinburgh for Scotland, and look forward to continuing to lead the Centre in the coming months.”
Andrew Mackenzie said:
“For a small company with little resources, the Centre has enjoyed numerous successes as it implemented the Scottish Government’s commitment to establishing and developing an international arbitration offering in Scotland. It has been an enormous privilege to be involved in managing the Centre, so I welcome the chance to remain in post a bit longer to continue my work with Brandon and ICCA on ICCA Edinburgh.”
13. New dates confirmed for ICCA Edinburgh
Following the postponement of ICCA Edinburgh due to COVID-19, ICCA and the Scottish Arbitration Centre are pleased to announce that the next ICCA Congress will take place from Monday 1 to Thursday 4 February 2021 in Edinburgh.
ICCA President, Gabrielle Kaufmann-Kohler, said, “We are delighted that we were able to secure dates in early 2021, allowing us to assemble safely, hopefully in large numbers, avoiding conflicts with other rescheduled events, and leaving enough time before the Hong Kong Congress. The Hong Kong Host Committee was consulted on the choice of these new dates.
We are confident that the Edinburgh Congress will be a spectacular event. Delegates will enjoy lively debates from 16 panels, as well as the opportunity to attend the Gala Dinner at the iconic National Museum of Scotland”.
ICCA 2020 Congress Chair Brandon Malone stated: “We are looking forward to welcoming everyone to Edinburgh in February next year. It will probably be a little colder in February than in our originally planned dates in May, but the rescheduled Congress lands squarely in Burns season when we celebrate the birthday of Robert Burns, our national bard, and a warm and traditional Scottish welcome awaits our delegates”.
Registered delegates of the 2020 Congress will automatically have their registration transferred to the rescheduled Congress. If you are registered for the Congress and are unable to participate in the rescheduled Congress, you can transfer your registration to a friend or colleague free of charge or cancel and receive a refund in line with the revised cancellation policy.
ICCA is grateful to the Congress Host and the Programme Committee, whose hard work will ensure that Edinburgh 2021 is ICCA’s best-ever Congress.
Additionally, we would like to thank Congress delegates for their patience and support during this time of uncertainty and hope that you will now join us in looking forward to ICCA Edinburgh 2021.
14. December Newsletter
You can find our last newsletter of the year here!
Festive wishes from everyone at the Scottish Arbitration Centre.
15. Scottish Arbitration Centre event focuses on advantages of arbitrating IP disputes in Scotland
The Scottish Arbitration Centre held its annual arbitrator training day in Edinburgh on 7 November.
The event, which was sponsored by FTI Consulting, saw delegates from various professions attend, with speakers including Sir David Edward QC, Honorary President of the Centre; Lindy Paterson QC, Chair of Domestic Subcommittee of Centre’s Arbitral Appointment Committee and Barrister at 39 Essex Chambers; Leigh Herd, Honorary Secretary of CIArb Scottish Branch; Craig Tevendale, Partner, Herbert Smith Freehills; and Fiona Menzies, Business and Development Manager at the Centre.
The focus for the afternoon workshops was intellectual property disputes, delivered by John Mackenzie, Partner, Shepherd and Wedderburn, and Usman Tariq, Advocate at Ampersand Advocates. They said:
We were delighted to deliver a workshop at the Scottish Arbitration Centre’s Annual Arbitrator Training Day to promote the use of arbitration in IP / IT disputes.
While IP disputes have traditionally been litigated in the courts, there is increasing use of arbitration for IP disputes around the world. There are several advantages of arbitrating IP disputes in Scotland which will appeal to both Scottish and international businesses.
Confidentiality and the need for an early decision from an informed decision-maker can be of paramount importance to businesses, particularly in the fast-moving world of technology. Arbitration will appeal to businesses as they can resolve their dispute without fear of putting commercially sensitive material in the public domain which can happen in court proceedings. In contrast to the trend in England, the parties retain absolute anonymity in Scotland even if court proceedings follow the arbitration. Arbitration can offer the parties control over the procedure and an earlier decision than in the court process together with extremely limited rights of appeal which provides the parties more certainty about the duration of the process and finality in the dispute. The parties also have the autonomy to choose their decision-maker and can appoint an arbitrator with the necessary expertise and qualifications for their dispute. If parties choose to arbitrate, most of the remedies that are available in court proceedings will be available to the arbitrator and the parties also retain the right to seek interim orders, such as interim interdict (an interim injunction), by making an application to the court at any time during the arbitration process. All of these factors will appeal to businesses as well as third party funders. In addition, arbitration can be particularly effective for resolving international IP disputes as it can avoid multi-jurisdictional litigation and arbitral awards can be enforced around the world.
Whilst not every IP case will be suitable for arbitration, many disputes are suitable and advisers are encouraged to consider whether arbitration offers their clients the best prospects of an efficient and beneficial outcome to their disputes.”
Andrew Mackenzie, Chief Executive of the Centre, who chaired the event, said:
“We are delighted to have hosted another successful arbitrator training day. I am particularly pleased that we continue to attract a mix of professionals to our annual event, with advocates, solicitors and surveyors exchanging experiences in best practice.
It was particularly valuable to explore the advantages of arbitrating IP disputes in Scotland, and I am grateful to John and Usman for all their input with the event. Scotland’s arbitration system has provision for breach of confidence and also anonymity for parties in respect to any reference to our Court, meaning that sensitive disputes that are subject to Scottish arbitration have the benefit of privacy, unlike in many other jurisdictions. Therefore, I hope our unique system will attract more arbitration to Scotland.”
16. ICCA, the Scottish Arbitration Centre, and Judicial Institute host New York Convention Roadshow
The International Council for Commercial Arbitration and the Scottish Arbitration Centre worked with the Judicial Institute for Scotland to host a colloquium on New York Convention practice with some of the Senators of the College of Justice in Edinburgh on 31 May.
In 2012, ICCA launched a series of colloquia for judges on the New York Convention known as the “New York Convention Roadshow”. This initiative recognises the dependence of international arbitration practice on the critical role of national court judges in applying the New York Convention. With 159 contracting States and over 2,100 national court decisions reported in ICCA’s Yearbook Commercial Arbitration, the Convention is rightly regarded as the backbone of international commercial arbitration.
Judicial workshops on the New York Convention are led by the ICCA Judiciary Committee. Each event is adapted to take account of the specific challenges faced by judges in applying the Convention in a particular region or jurisdiction, and includes both an article-by-article review of the Convention, as well as extensive dialogue with judges.
At the event, ICCA was represented by Judge Dominique Hascher of the French Supreme Court, Erica Stein of Dechert in Brussel, and Lise Bosman, ICCA Executive Director. The Centre was represented by Sir David Edward QC, Brandon Malone and Andrew Mackenzie. It took place in the Judicial Training Centre in Parliament House with support from the Lord President and Lord Justice Clerk and programme input from Lord Glennie.
Lord Glennie said:
“It was a privilege for us as judges of the Court of Session to have the opportunity of interacting with ICCA and benefitting from their vast range of experience on issues to do with recognition and enforcement of arbitration agreements and awards under the New York Convention. This is particularly welcome in light of the new impetus given to arbitration in Scotland with the recent introduction of the Arbitration (Scotland) Act 2010 and the impending ICCA 2020 congress in Edinburgh next year. Our thanks go to the representatives of ICCA who attended and to the Scottish Arbitration Centre who helped to arrange this event.”
Lise Bosman said:
“ICCA’s New York Convention programme recognises the critical contribution that national court judges make to the system of international arbitration. We are delighted to have been able to engage in such a fruitful dialogue with Scottish judges.”
Andrew Mackenzie said:
“The Scottish Arbitration Centre was honoured to work with ICCA and the Judicial Institute to deliver this judicial discussion on enforcement of arbitral awards under the New York Convention. The event allowed for interaction between our judges and international arbitration practitioners and judges from other jurisdictions, with a stimulating exchange of views. We are delighted to be engaging with the judges of the Court of Session as we prepare to bring the ICCA Congress to Edinburgh next year.”
17. Scottish Arbitration Centre announces Ambassadors
The Scottish Arbitration Centre has announced its new Ambassador scheme and published the list of Ambassadors. At the Centre’s reception at the offices of Laura Devine Solicitors in London on Monday evening, Brandon Malone announced the project and welcomed the Ambassadors attending.
The Ambassadors consist of 28 Scottish practitioners working mainly in arbitration from around the world. The list is set out below.
David Anderson, Shepherd & Wedderburn, Edinburgh
Roy Andrew, FTI, Stirling
Patricia Barclay, Solicitor, Bonaccord Law, Edinburgh
Peter Scott Caldwell, Arbitrator, Hong Kong
Prof Peter Cameron, CEPMLP, Dundee
Samantha Cumming, Sidley, London
Justin D’Agostino, Herbert Smith Freehills, Hong Kong
Michael Davison, Hogan Lovells, London
Laura Devine, Principal, Laura Devine Solicitors, London
Richard Farndale, Burness Paull, Edinburgh
Lisa Henderson QC, Advocate, Edinburgh
Marie Kelly, Norton Rose Fulbright, London
Rachael Kelsey, SKO Family Law, Edinburgh
Gillian Lemaire, Arbitrator, London and Paris
Alison Macdonald QC, Barrister, London
Andrew Mackenzie, Baker McKenzie, Dubai
Rona Amigues-Macrae, Bracewell, London
Rory McAlpine, Skadden, Hong Kong
Nesreen Osman, Pinsent Masons, Dubai
Neil Oxford, Hughes Hubbard Reed, New York City
Brian Reeves, Surveyor/Arbitrator, Edinburgh
Robert Stephen, Registrar at DIFC LCIA, Dubai
Susanne Tanner QC, Advocate, Edinburgh
Craig Tevendale, Herbert Smith Freehills, London
Sheila Webster, Davidson Chalmers, Edinburgh
Laura West, CMS, Edinburgh
Rob Wilson, CMS, London
Suzanne Wilson, In-House Counsel, Galliford Try Construction, Edinburgh
The Ambassadors will assist the Centre with promoting the Centre; promoting Scottish arbitration and Scotland globally as an attractive seat and venue for arbitration; raising awareness of the Scottish legal and justice system; and talking about the Centre, ICCA Edinburgh and the associated opportunities with clients, colleagues and others. Ambassadors might also host and/or assist with relevant promotional events and work with the Centre on developing a legacy for Scotland beyond ICCA Edinburgh.
Andrew Mackenzie, Chief Executive of the Centre, said:
“The Ambassadors have been carefully selected to ensure gender balance, a range of experience, a mix of professions and a geographical spread. We are delighted to be involving advocates, barristers, engineers, solicitors and surveyors, based in Scotland, London, New York City, Dubai and Hong Kong. We look forward to working with the Ambassadors to strengthen our message about Scottish arbitration and the benefits of Scotland as a seat.”
The purpose of the event, on the eve of London Disputes Week, was to promote the Scottish Arbitration Centre, Scottish arbitration, Scotland as a seat and venue for arbitration, and ICCA Edinburgh. The event took place in London to promote to the legal and arbitration market there. The event raised awareness of the Centre’s message about Scottish arbitration in the hope of attracting more delegates and sponsors for ICCA Edinburgh.
The Lord Advocate spoke on behalf of the Scottish Government at our event, demonstrating further support from Scottish Ministers. Brandon Malone also spoke about the Centre and ICCA Edinburgh.
He said, “We are here on the eve of London International Disputes Week. London is of course a leading venue for the resolution of international disputes, and I am sure that this will remain the case, whether or not the UK leaves the EU.
What we say to our friends in London, is that if you can’t secure London as a seat for your arbitration, there is a very suitable neutral alternative, a short distance up the road in Edinburgh.
What I say to our friends abroad, is that if for any reason you are not minded to seat your arbitration in London, remember that there is a cost-effective, civil law friendly, neutral alternative in Scotland.”
18. Scottish Arbitration Centre Reception – London
On the eve of London International Disputes Week, join Andrew Mackenzie and Brandon Malone for this networking event, featuring a brief outline of the benefits of Scotland as an arbitration seat and a look ahead to ICCA Edinburgh, with special guest James Wolffe QC, the Lord Advocate, the chief legal officer of the Scottish Government.
This event is very kindly hosted by Laura Devine Solicitors, 100 Cannon Street, London. Please note the entrance is off Cannon Street in Laurence Pountey Hill. You can find a map here.
Monday 6 May 2019 6-8pm
You can sign up at the link here. RSVP by 3 May 2019.
19. Andrew Mackenzie appointed to Council of IBA Section on Public and Professional Interest
Andrew Mackenzie appointed to Council of IBA Section on Public and Professional Interest
Andrew Mackenzie, Chief Executive of the Scottish Arbitration Centre, has been appointed to the Council of the International Bar Association Section on Public and Professional Interest (IBA SPPI).
The IBA is the foremost organisation for international legal practitioners, with a membership of 80,000 lawyers involving 190 bar associations and law societies spanning 170 countries.
The IBA SPPI constitutes a wide array of projects, activities, committees and other entities focusing on issues and professional interests that make the practice of law a profession and not only an occupation. It promotes an interchange of information and views among its members about the public and professional interest activities of the legal profession throughout the world and supports and promotes those activities. SPPI’s Council manages and coordinates that work with its committees. IBA SPPI is part of the IBA Public and Professional Interest Division, which also comprises the IBA Bar Issues Commission and the IBA Human Rights Institute.
Commenting on the appointment, Sarah Hutchinson, Chair of IBA SPPI, said:
“We are most fortunate to have Andrew joining the Council on the Section on Public and Professional Interest, and I am confident he will make a significant and lasting contribution to our organisation.”
Brandon Malone, Chairman of the Board of the Centre, added:
“The Board congratulates Andrew on his appointment. Andrew and I have represented the Centre at a number of IBA conferences, and it is clear that one of the great strengths of the IBA is its global reach. Andrew has been continually promoted within the IBA committee structure and has worked hard to deliver successful international projects for the IBA, whilst ensuring Scotland has a strong voice.”
Mr Mackenzie will continue in his role as Co-Chair of the IBA Access to Justice and Legal Aid Committee, one of the committees of the SPPI.
20. 2019 CPR European Conference, London
The Scottish Arbitration Centre is delighted to support the 2019 CPR European Conference, oragnised by CPR and its European Advisory Board in collaboration with the Centre for Effective Dispute Resolution (CEDR).
The conference will take place for a whole day at the London office of Swiss Re and will be followed by a networking cocktail reception. Meeting panelists and participants will include an outstanding group of in-house counsel, leading practitioners, academics and jurists, as well as international arbitrators and mediators.
When: Wednesday, May 15, 2019
Where: Swiss Re
30 St Mary Axe (The Gherkin),
London EC3A 8EP
Panels will include:
- The Future of ADR
- Preparing for the Robo-Revolution
- Master Mediators Answer Mediation’s Most Intriguing Question
- The resolution of Complex, Multi-Stakeholder, Jurisdictional Disputes
21. ICCA presents Edinburgh 2020 Congress preliminary programme and issues call for speakers
ICCA presents Edinburgh 2020 Congress preliminary programme and issues call for speakers
The Scottish Arbitration Centre, host of ICCA Edinburgh 2020, is delighted to announce that ICCA have released the preliminary programme and are now inviting expressions of interest to speak at the Congress.
The theme for the Congress is “Arbitration’s Age of Enlightenment?” This theme will explore a wide range of topics relevant to international commercial and investment arbitration including a modern critique of classic international arbitration cases, ISDS reform and a thorough survey of emerging regional themes. ICCA say that “the programme invites speakers and delegates to engage with new developments, but also to look with new eyes at the practices of arbitration that may be taken for granted”.
Click here to view the full preliminary programme.
The Programme Committee for the 2020 Congress in Edinburgh invites all ICCA members and other individuals to express their interest in participating as speakers at the Congress. In particular, the Programme Committee looks forward to receiving proposals from individuals who were not speakers at either of the last two ICCA Congresses, and from individuals outside the field of arbitration who have a fresh perspective to offer on the topics under discussion at the 2020 Congress. Expressions of interest should be sent to the Co-chairs of the Programme Committee at Speaker2020@arbitration-icca.org, using the “Expressions of Interest” form available for download here. Expressions of interest should be sent as early as possible, and no later than 7 June 2019. All expressions of interest will be considered by the Programme Committee.
Speakers will be required to submit publishable papers, complying with ICCA guidelines on length and style, eight weeks before the Congress.
Brandon Malone, Congress Chair said “My congratulations to the Programme Committee on putting together such an exciting programme. Edinburgh will provide the perfect backdrop to the Congress theme of “Arbitration’s Age of Enlightenment?” and I am sure that the call for speakers will draw participants of the very highest calibre from all over the world. I would strongly encourage Scottish practitioners to submit proposals to the Programme Committee, and become involved in arbitration’s most iconic event.”
We would encourage domestic and international practitioners with an interest to get involved with the Congress in Edinburgh which will take place at the EICC between 10 and 13 May 2020.
The ICCA Congress is held every second year for the presentation and discussion of papers on different aspects of international dispute resolution. These meetings attract a large number of participants from all parts of the world and have made significant contributions to the development of dispute resolution theory and practice. The event attracts global attention from the legal professions and industry, and receives extensive coverage in the specialist press and wider media.
Registration for the Congress is now open. Visit icca2020.scot for more information. Early bird registration is available until 10 May 2019.
Queries regarding the programme and call for speakers can be sent to: lvoges@pca-cpa.org.
Queries regarding ICCA Edinburgh such as registration and sponsorship enquiries can be sent to: fiona@esplinandfraser.co.uk
Find ICCA’s full announcement here https://www.arbitration-icca.org/news/2019/431/icca-presents-2020-congress-preliminary-programme-and-issues-call-for-speakers.html
22. Andrew Mackenzie speaks for IBA at conference at the UN in Vienna
Andrew Mackenzie, Chief Executive of the Scottish Arbitration Centre, spoke on behalf of the International Bar Association at the UN-affiliated Zero Project Conference at the UN HQ in Vienna last Friday 22nd February. He was invited to speak to the IBA Access to Justice and Legal Aid Committee’s report into access to justice for persons with disabilities, which he coordinated with the Bingham Centre for the Rule of Law, as part of a session at the conference focused on justice issues for persons with disabilities.
The Zero Project was initiated by the Essl Foundation in 2008 and focuses on the rights of persons with disabilities globally. It is a platform where the most innovative and effective solutions to problems that persons with disabilities face, are shared. Its mission is to support the implementation of the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD) and to work for a world without barriers. Together with a continuously growing network of over 4,000 experts, with and without disabilities, in over 150 countries, it seeks to identify the most innovative and effective policies and practices that improve the lives of persons with disabilities. Throughout the year, it also disseminates solution-oriented approaches to decision makers and opinion leaders worldwide and present the results of research at various national and international conferences, for example, at Side Events at the annual Conference of State Parties to UN CRPD in New York. See link for further details: https://zeroproject.org/.
Mr Mackenzie is Co-Chair of the IBA Access to Justice and Legal Aid Committee. The IBA is the foremost organisation for international legal practitioners, with a membership of 80,000 lawyers involving 190 bar associations and law societies spanning 170 countries. It has various committees and projects, including the Access to Justice and Legal Aid Committee which worked with the Bingham Centre for the Rule of Law on the report published in October 2017. The aim was to research the issues concerning access to justice for people with disabilities around the world, so the report looks at examples from various jurisdictions. Click here for link to the report: https://www.ibanet.org/PPID/Constituent/AccesstoJustice_LegalAid/disabilitiesreport-pressrelease.aspx
Commenting on the report, Peter Charles, Project and Process Manager at the Zero Project, noted that it is “an incredibly valuable and innovative piece of work (particularly given the lack of other studies of such scale into the topic)” and that “the case studies within the report would likely be considered” for future Zero Project awards.
Mr Mackenzie spoke on a panel to discuss various aspects of access to justice for persons with disabilities with experts from England, the USA, Mexico and Zambia. He said:
“It was an honour to represent the IBA at this prestigious international conference and to discuss and promote the IBA Access to Justice and Legal Aid Committee’s report into access to justice for persons with disabilities. The platform also allowed me to focus on a positive example from Scotland in the form of the SCTS’s plan to improve measures supporting jurors who present with hearing and sight impairments. It was good to see some other representatives from Scotland involved in the conference, with ENABLE Scotland and NeateBox winning awards for their initiatives.
It is clear that more needs to be done to break down some of the additional barriers to access to justice often faced by those with disabilities and we hoped that the IBA report would raise awareness of these issues. Clearly being invited by the Zero Project to speak to the report at its prestigious conference assists with that goal and provides the legal profession with a key role in discussions on access to justice in this area. Ultimately we hope our work will lead to enhanced access to justice for some of the more vulnerable in our society.”
23. Arbitration Events – Coming Soon
To find out about international and domestic arbitration events coming up in the next few months, click here.
24. December Newsletter
Our December newsletter is available to read here.
Merry Christmas from us all at the Scottish Arbitration Centre.
25. Andrew Mackenzie coordinates IBA international study into ombudsman services
Andrew Mackenzie, Chief Executive of the Scottish Arbitration Centre, has instructed and coordinated an International Bar Association study into ombudsman services. The research culminated in a report which was published at IBA Rome earlier this month.
The report, written for the IBA by the Bingham Centre for the Rule of Law, examines the broad range of ombudsman models used worldwide to bridge the gaps created by formal, expensive and lengthy dispute resolution processes. It explores how ombudsman services have become a significant feature of legal systems across many jurisdictions, developing from a constitutional accountability tool to an independent complaints mechanism widely used in the private sector.
Focusing on ombudsman offices whose mandate has a strong link with economic and social rights, the report includes analysis of good practice; the role of ombudsman bodies in dealing with corruption; schemes in the financial services, consumer and telecom sectors; the funding and legal restrictions faced by these services; and issues relating to digitalisation.
Welcoming the report, Rosemary Agnew, the Scottish Public Services Ombudsman, said:
“The title “Ombudsman (or Ombuds)” is often used generically in dispute resolution and complaint schemes. As this report so helpfully highlights, these schemes come in many different shapes and sizes. The report makes the challenge clear to those of us who have a legal or constitutional basis: ensure we protect and enhance the integrity of the title. It is more than simply saying what we do, but also about who we are, how we operate and the values and principles we seek to uphold.”
Mr Mackenzie, Co-Chair of the IBA Access to Justice and Legal Aid Committee, said:
“It has been a pleasure to work with the team at the Bingham Centre for the Rule of Law on our fascinating research project into ombudsman services and effective access to justice. I am also grateful to the IBA Public and Professional Interest Division for funding the project. The resulting report will provide a valuable tool for lawyers, other practitioners and civil society organisations involved in the design of reforms in the justice sector.
It is clear that ombudsman services are a key instrument in access to justice, often providing cost-effective justice models, including the use of alternative dispute resolution methods, such as arbitration and mediation. However, ombudsman services are not part of the landscape in all jurisdictions. The international legal community, with its public interest duties, must scrutinise the extent to which such existing services aid access to justice and consider the possible benefits to the establishment of such schemes where no such provision exists. I hope this comprehensive study will lead to an international discussion on ombudsman services and their potential for enhanced access to justice.”
Mr Mackenzie will chair an event at the Bingham Centre for the Rule of Law on 6 December, where the findings of the report will be discussed further. The report can be accessed here: https://www.ibanet.org/PPID/Constituent/AccesstoJustice_LegalAid/Projects.aspx
26. ICCA President speaks at ICCA Edinburgh reception at Scottish Arbitration Centre
Prof Dr Gabrielle Kaufmann-Kohler, the President of the International Council for Commercial Arbitration (ICCA), spoke on Tuesday night at an ICCA Edinburgh reception hosted by the Scottish Arbitration Centre. The next ICCA Congress, the largest international arbitration conference in the world, will be held in Edinburgh in May 2020.
The reception was aimed at raising awareness of the opportunities for local practitioners. It followed a Centre and 20 Essex Street Chambers joint energy law conference. Guests at the ICCA Edinburgh reception included Sir David Edward QC, Honorary President of the Centre; Lord Glennie; Lise Bosman, Executive Director of ICCA; Lindy Patterson QC, Chair of the Domestic Sub-Committee of the Centre’s Arbitral Appointments Committee and a member of the ICCA Edinburgh Programme Committee; Camilla Gambarini, Co-Chair of Young ICCA; and Richard Farndale; Chairman of CIArb Scottish Branch.
Prof Dr Gabrielle Kaufmann-Kohler, ICCA President, said:
“The ICCA Congress is held every second year for the presentation and discussion of papers on cutting edge topics in international dispute resolution. The Congress attracts speakers and delegates from all over the world and makes a significant contribution to the development of dispute resolution, and to the practice of arbitration in the host jurisdiction.
The 2020 ICCA Congress in Edinburgh, entitled ‘Arbitration’s Age of Enlightenment’, will be a time to provide an objective assessment of international arbitration today, highlighting the progress that has been made, identifying areas where improvement is still needed and exchanging ideas with a wide variety of stakeholders about arbitration’s future.
We are grateful to the Scottish Arbitration Centre, the host for ICCA 2020, for its work to date. The role of the host is crucial to a successful Congress and we are particularly keen for local practitioners, firms and institutions to be involved in ICCA Edinburgh.”
Brandon Malone, ICCA Edinburgh Congress Chair and Chairman of the Board of the Scottish Arbitration Centre, said:
“We are delighted to welcome Gabrielle and representatives from the ICCA Bureau to Edinburgh in order to introduce them to some local practitioners. It is very important that we in Scotland maximise the benefits of the ICCA Congress coming to Edinburgh in 2020. It offers Scotland a unique opportunity to promote (a) Scotland as a seat and venue to arbitrate; (b) the Scottish arbitration and legal system; (c) Scottish arbitrators; and (d) Scottish legal and other professionals. We must all work together to maximise this opportunity and secure a lasting benefit for Scotland.”
27. Scotland launches CIArb Young Members Group Committee
The Scottish Branch of CIArb has launched a Young Members Group Committee in Scotland. The committee consists of Laura McEwen (Chair, CMS); Fiona Menzies (Scottish Arbitration Centre); Jennifer Macdonald (Turcan Connell); Martin Campbell (HKA); Sarah McIvor (Lloyds Banking Group) and Andrew Reid (Cooper & Hall). The committee plans to host regular events targeted at practitioners under the age of 40.
The launch took place at the Scottish Arbitration Centre in Edinburgh, where Ms McEwen spoke on behalf of the new group. Richard Farndale, Chairman of the Scottish Branch, Brandon Malone, Chairman of the Scottish Arbitration Centre, and Camilla Gambarini, Co-Chair of Young ICCA (the below 40 branch of the International Council on Commercial Arbitration, which will have its congress in Edinburgh in 2020), welcomed the establishment of the committee at the event. The launch saw a mix of young and experienced practitioners coming together, with CIArb Members and Fellows sharing their experiences during the networking reception.
Ms McEwen said:
“In the run up to ICCA 2020, it is an exciting time for the arbitration and dispute resolution community in Scotland. The new committee for the CIArb Young Members Group wants to ensure the opportunities ICCA generates are also enjoyed by junior practitioners. I look forward to developing an events programme and to continuing our collaboration with Young ICCA and the Scottish Arbitration Centre over the coming years.”
Mr Farndale said:
“The Scottish Branch of CIArb has been involved in events for students and young members for some time, led by our Young Members Convenor, Laura McEwen. The Branch is now delighted to launch its new expanded Young Members Committee, and a programme of events for the coming year, as we anticipate exciting developments in the use of ADR including arbitration in Scotland. The Young Members Committee also anticipates Edinburgh as the host for the major conference of the international arbitration community (the International Council for Commercial Arbitration) in 2020 (ICCA 2020).”
Ms Gambarini said:
“It is a great pleasure to be in Edinburgh today with many colleagues and new friends. Young ICCA looks forward to collaborating with the Scottish Arbitration Centre and CIArb Scottish Branch to open the doors of international arbitration to local young practitioners interested in this fascinating area of law.”
Andrew Mackenzie, Chief Executive of the Scottish Arbitration Centre, added:
“I congratulate Laura and the new committee, which includes the Centre’s own Fiona Menzies. It has been a pleasure to support Laura with this initiative and to collaborate with CIArb. As arbitration work in Scotland increases, the Centre is keen to focus on young practitioners and to promote the opportunities in arbitration for young advocates, solicitors, surveyors and others. With ICCA Edinburgh in May 2020, which will include a Young ICCA conference, and the international arbitration community now focused on Scotland, we must capitalise on this opportunity and engage with young practitioners now to ensure there is a legacy for them post-ICCA 2020.”
Contact Fiona Menzies for further details on 01312264686 or email fiona@esplinandfraser.co.uk.
28. CIArb Young Members Group Launch
CIArb Young Members Group Launch
22 October 2018
The newly formed CIArb YMG Committee invite you for an evening of drinks, canapes and networking to celebrate their launch. With so much happening in the Dispute Resolution Community in Scotland and in the run up to ICCA 2020 (the biggest arbitration conference in the world), please come along to find out what we have planned in the coming months and how you can become more involved (including our well respected qualifications and education programmes).
We hope you can make it.
Date: 22 October 2018
Venue: Scottish Arbitration Centre, 125 Princes Street, Edinburgh EH2 4AD
Time: 5.30 pm to 6.30 pm
Cost: Free
Registration: Click here
29. Energy Law Conference: Oil and Gas Arbitrations
To register for the event, please click here.
30. ICCA announces Congress Programme theme and Programme Committee for ICCA Edinburgh
The International Council for Commercial Arbitration (ICCA) has announced that the theme for the next ICCA Congress programme will be “Arbitration’s Age of Enlightenment”. ICCA Edinburgh will be hosted by the Scottish Arbitration Centre at the EICC between 10 and 13 May 2020.
The ICCA Congress is held every second year for the presentation and discussion of papers on different aspects of international dispute resolution. These meetings attract a large number of participants from all parts of the world and have made significant contributions to the development of dispute resolution theory and practice. The event attracts global attention from the legal professions and industry, and receives extensive coverage in the specialist press and wider media.
The Congress Programme Committee is co-chaired by Cavinder Bull (Singapore), Loretta Malintoppi (Italy), and Constantine Partasides (UK). Members are Stephen Drymer (Canada), Babatunde Fagbohunlu (Nigeria), Susan Franck (US), Alvaro Galindo (Ecuador), Francisco González de Cossío (Mexico), Jean Kalicki (US), Elie Kleiman (France), Jan Kleinheisterkamp (Germany), Michelle Macphee (UK), Ziad Obeid(Lebanon), Shaneen Parikh (India), Lindy Patterson (Scotland/UK), John Rhie (Korea), Christian Tams (Germany), Foo Yuet Min (Singapore) and Galina Zukova (Latvia).
The Programme Chairs said:
“The Edinburgh Congress will focus on new ideas that can help our process progress even further, including those that come from new voices, that emanate from in-house counsel, or new centres of arbitration activity and even – or especially – from beyond our field.”
Prof Dr Gabrielle Kaufmann-Kohler, ICCA President, said:
“All members of the international arbitration community are invited to join the 2020 ICCA Congress in Edinburgh. Entitled ‘Arbitration’s Age of Enlightenment’, the congress will be a time to take stock of achievements and explore ideas to adapt to a fast changing environment, and shape the future of international arbitration, together.”
Brandon Malone, Congress Chair and Chairman of the Board of the Scottish Arbitration Centre, said:
“We welcome the programme theme and look forward to welcoming the international arbitration community to Edinburgh, the home of the Scottish Enlightenment. With its hybrid common law/civil law tradition and modern arbitration regime, we are sure that the international arbitration community will enjoy the first ICCA Congress to be held in Scotland, and will quickly understand why Edinburgh, Scotland’s ancient capital, was recently voted the most attractive place to live and work in the UK.”
You can find ICCA’s full announcement here and watch our ICCA 2020 video here. Registration for the Congress is now open. Visit icca2020.scot for more information. The ICCA website will also provide regular updates on the Programme and Congress papers.
31. July Newsletter
Our latest newsletter is now available to view here!
32. Scottish Arbitration Centre Annual Arbitrator Training day 2018
The Scottish Arbitration Centre, Level 3, 125 Princes Street, Edinburgh EH2 4AD
25 October 9am – 4.30pm, drinks reception to follow
Our annual arbitrator training day will provide practical guidance on acting as an arbitrator in a dispute under the Arbitration (Scotland) Act 2010 and allow the sharing of best practice amongst practitioners from different backgrounds and disciplines.
Leading practitioners will provide an update on developments in arbitration and related case law and give guidance on practical aspects.
The conference will be of interest to panel members of all Arbitral Appointment Referees; those currently acting as arbitrators; those interested in becoming an arbitrator; and anyone appearing as an agent in arbitration. To register please click here. For information on sponsorship opportunities, please contact fiona@esplinandfraser.co.uk
Registration Fees:
Early Bird (up to and including 7th September 2018):
Members of the Scottish Arbitration Centre £95
Non-members £140
Academic members £65
Academic non-members £100
Standard rate:
Members of the Scottish Arbitration Centre £110
Non-members £150
Academic members £80
Academic non-members £120
Click below to enlarge
33. Scottish Arbitration Centre hosts Edinburgh Summit on Commercial Dispute Resolution in China
The Scottish Arbitration Centre co-organised with the Beijing Arbitration Commission/the Beijing International Arbitration Center (BAC/BIAC) the 2018 Edinburgh Summit on Commercial Dispute Resolution in China, which was held at the Centre on 22nd June 2018.
BAC/BIAC was established in 1995 as an independent non-governmental institution and became the first self-funded arbitration institution in China in 1998. It is widely accepted as one of the primary arbitration institutions internationally. They endeavour to promote and encourage dispute resolution through efficacious arbitration and a comprehensive understanding of Chinese arbitration practices.
The summit is an established and prestigious event held annually, bringing experts from China and the UK together to discuss various aspects of commercial dispute resolution in China. Based on the annual report, Commercial Dispute Resolution in China: An Annual Review and Preview, summits in Europe were also held in Stockholm and London last week.
Andrew Mackenzie, CEO of the Centre, opened the summit welcoming delegates to Edinburgh and introducing Brandon Malone, Chairman of the Board of the Centre, and Dr Fuyong Chen, Deputy Secretary General of BAC/BIAC.
Session topics included “The Overview of Arbitration and TPF Practice in the PRC”, moderated by Nigel Cooper QC of Quadrant Chambers; “The Overview of Commercial Mediation Practice in the PRC”, moderated by Graham Boyack, Director of Scottish Mediation; “The Implications of COC, Take-or-pay, Price Review and other customary Energy Contract Clauses under Chinese Contract Law”, moderated by Professor Peter Cameron, Co-Director of the International Centre for Energy Arbitration; “Latest Developments in Construction Law in the PRC” moderated by Sarah Grenfell, Partner at CMS; and “The Overview of Private Investment and Finance Disputes in the PRC” moderated by Pieter Bekker, Founding Director of the Dundee Ocean and Lake Frontiers Institute and Neutrals (DOLFIN).
Annabelle Ewing MSP, Minister for Community Safety and Legal Affairs, provided the keynote, discussing arbitration in Scotland as well as ICCA 2020 Edinburgh. Other speakers included Xuehua Wang, Partner at Beijing Huanzhong & Partners; Ning Fei, Partner at Hui Zhong Law Firm; Weihua Zhang, VP and General Counsel at United Energy Group Limited; and Dr Xianfeng Zhou, Partner at JunHe LLP. Commentators including Hew Dundas, Honorary Vice President of the Centre; Janey Milligan, one of the Directors of the Centre; and Gavin Denton of Arbitration Chambers Hong Kong.
Dr Fuyong Chen, Deputy Secretary-General of BAC/BIAC, in thanking the Centre for investing the time and resources to help plan and host this event, said:
“We were able to host an exceptional event at the Scottish Arbitration Centre, which provided a platform for participants to network and exchange their insights on the developments of commercial dispute resolution in China.”
Janey Milligan said:
“The Scottish Arbitration Centre was delighted to welcome the 2018 summit to Edinburgh and to host BAC/BIAC in Scotland for the first time. A variety of topics were covered throughout the day, being delivered and discussed by informed panels, which provided a fascinating take on the approach to domestic and international arbitration and mediation in China from a range of perspectives. This allowed comparisons to be drawn between Chinese and Scottish practice, as well as other jurisdictions. Feedback following the event confirms that delegates from Scotland, London and China found the summit useful and interesting and, in all, it was a very successful day”.
The Scottish Arbitration Centre looks forward to welcoming the BAC/BIAC back to Scotland in the near future.
34. Scottish Arbitration Centre appoints Norman Fiddes to Committee
The Scottish Arbitration Centre is pleased to announce that Norman Fiddes has agreed to sit on its Arbitral Appointments Committee, joining its Domestic Sub-Committee.
The Centre’s arbitral appointments service has been operating since it was first introduced in December 2014. When parties specify that the Centre is to appoint an arbitrator to deal with their dispute, the selection of an arbitrator is made by the Committee. The Committee acts independently from the Centre and uses its knowledge of the sector to appoint an appropriate candidate from leading domestic and international arbitrators. The Centre has Directions and Guidance, along with the necessary forms to assist in the process, here. Lindy Paterson QC chairs the Domestic Sub-Committee and Juliet Blanch chairs the International Sub-Committee.
Norman is Managing Director of McLeod & Aitken Edinburgh Limited, Chartered Quantity Surveyors. He has over 40 years practical experience in the construction industry providing full quantity surveying and contractual advice, along with acting as adjudicator and arbitrator. Norman provides Expert Reports in relation to matters such as quantum, extension of time claims and payment issues. He is a Fellow of the Royal Institution of Chartered Surveyors; a Fellow of the Chartered Institute of Arbitrators and holds a Masters in Construction Law.
The other current members of the Committee are Olufunke Adekoya SAN (Partner, ǼLEX, Nigeria); Eliana Biraldi (Partner, De Vivo, Whitaker & Castro, Brazil); David Carrick (Senior VP, HKA Global, Edinburgh); Sandra Cassels (Partner, Brechin Tindal Oatts, Edinburgh); Vincent Connor (Partner, Pinsent Masons, Hong Kong); Joyce Cullen (Partner, Brodies, Edinburgh); Thomas Halket (Partner, Halket Weitz, New York); Kaj Hobér (3 Verulam Buildings, London); Elie Kleiman (Partner, Jones Day, Paris); and Alice Leggat (Legal Manager, SSE, Perth). Further details on the Committee members can be found here.
Andrew Mackenzie, Chief Executive of the Centre, said:
“We are delighted to welcome Norman to our Arbitral Appointments Panel. He has a wealth of experience in domestic arbitration, being on the RICS and CIArb arbitrator and adjudication panels, and will add to our expert committee, drawn from around the world.”
35. CPR 2018 European Congress on Business Dispute Management
The Scottish Arbitration Centre is pleased to be supporting the CPR 2018 European Congress on Business Dispute Management. The Congress hosted by Swiss Re will take place at the Gherkin, London on May 31, 2018. More details and link to registration can be found here.
36. 2018 Edinburgh Summit On Commercial Dispute Resolution In China
The Scottish Arbitration Centre is delighted to be co-organising with BAC/BIAC the 2018 Edinburgh Summit On Commercial Dispute Resolution In China, to be held at the Scottish Arbitration Centre on 22nd June 2018. Please click on the image below for more information or visit http://annualreport.bjac.org.cn/en/2018?e=71 to regsiter
37. Scottish Arbitration Centre Membership 2018-19
Membership is now open for 2018-19. Find out more about the benefits and how to join here! https://mailchi.mp/scottisharbitrationcentre/scottish-arbitration-centre-membership-2017-18-6u1x2giakp
38. J Gordon Reid QC FCIArb
It is with regret that we report the death of Gordon Reid QC, one of the inaugural Directors of the Board of the Centre.
Gordon was a Commercial Silk with extensive experience of disputes ranging from all manner of land law disputes, including commercial and agricultural landlord and tenant matters, professional negligence and building and engineering contracts. Over the years, he had appeared in most courts and tribunals including the Land Court, the Lands Tribunal for Scotland, the Lyon Court, the House of Lords, the Committee for Privileges and the Supreme Court of the United Kingdom. He also sat as a judge and in recent years as a Deputy Judge of the Upper Tribunal (Tax and Chancery Chamber).
He had a particular interest in arbitration, and received appointments from time to time as a commercial arbitrator, often in agricultural disputes. Gordon also chaired the Faculty of Advocates Dispute Resolution Service (FDRS) from 2012 to 2016 and was an Arbitrator under the Motor Insurers’ Bureau Agreement.
Brandon Malone, Chairman of the Centre said:
“Gordon was a leading figure in Scottish arbitration and the Centre benefitted greatly from his time on the Board. He will be greatly missed.”
Andrew Mackenzie, Chief Executive of the Centre, said:
“Gordon was a strong supporter of the Centre from its establishment, seeing the value of various professionals working together to promote Scottish arbitration. He had a wealth of knowledge and experience, particularly in agricultural disputes, and was very generous at sharing that with others. He spoke at our first training day and encouraged Faculty to provide the Mackenzie Building to host, ensuring the event was a success and now an annual event in the arbitration calendar. With support from Gordon Bathgate, again being generous with his time and support for the Centre, drafted our arbitral appointment service guidance which has proved a robust system in practice. Personally, I will remember a kind man who supported and encourage me.”
We have now been given funeral details as follows,
The funeral service for James Gordon Reid QC will be held at 12.30pm on Friday 30 March at Dundee Crematorium, to which all friends are respectfully invited.
Family flowers only, please.
39. CIArb Scottish Branch host Oil and Gas: Issues in Engineering, Procurement and Construction Contracts by Brandon Nolan
Thursday 8th March 2018, Pinsent Masons, 141 Bothwell Street, Glasgow G2 7EQ
Registration 5:30 p.m. Lecture 6.00pm to 7.00pm Drinks reception 7.00 to – 8.00 pm
The Oil and Gas Industry forms a significant part of the economy in Scotland and the UK as a whole. In this presentation Brandon will look at Engineering, Procurement and Construction issues with reference to LOGIC. LOGIC is a not-for-profit wholly owned subsidiary of Oil & Gas UK that operates as the custodian for cross-industry projects that aim to increase the efficiency of working practice in the United Kingdom Continental Shelf (known as the UKCS). LOGIC currently supports a suite of 10 Standard Contracts that are available for use throughout the oil and gas industry.
Brandon is classified by Legal Directories as a leading lawyer in Scotland. Brandon advises on all aspects of construction law including contract drafting, consultancy, advisory, and disputes work in the construction, engineering and oil and gas sectors. Brandon is a director of the Scottish Arbitration Centre and a past chairman of the Chartered Institute of Arbitrators Scottish Branch. Brandon is also visiting Professor of Construction Law at the University of Strathclyde. Brandon is a Partner with Pinsent Masons.
Please book your place by contacting Honorary Secretary, Leigh Herd, CIARBS@shepwedd.com
40. Andrew Mackenzie appointed as Council Member of new international equality body
Andrew Mackenzie, Chief Executive of the Scottish Arbitration Centre, has been invited to join The Alliance for Equality in Dispute Resolution as a Council Member and attended its launch at Ashurst in London on Thursday.
The Alliance is a not for profit organisation formed to advocate for increased diversity in the international dispute resolution community. As an association it promotes inclusivity in all aspects of the dispute resolution world, striving for equality of opportunity regardless of sex, location, nationality, ethnicity or age. It was co-founded by Lucy Greenwood, an international arbitrator qualified in the US and in England and Wales, and Rashda Rana SC, who has extensive experience in international commercial litigation and arbitration gained across E&W, Europe, Australia and the Asia Pacific region. Rashda is also immediate past-president of ArbitralWomen.
The Alliance offers “The Forum” where practitioners can meet to discuss topics such as career progression, harassment, ethical dilemmas and arbitration practice and procedure, “The List”, an extensive database of practicing international arbitrators to identify the most suitable arbitrator for your dispute and “The Workshop”, a bespoke one day training programme for international dispute resolution practitioners addressing the challenges faced by practitioners in developing a more diverse community.
Other Council Members are Funke Adekoya, Partner, AELEX, Nigeria (and a member of the Scottish Arbitration Centre’s Arbitral Appointments Committee); Iryna Akulenka, Consultant, HKA, Dubai; Trinidad Alonso, Associate, Luther Rechtsanwaltsgesellschaft, Germany; Paul Cohen, Barrister, 4-5 Gray’s Inn Square, E&W and USA; Mauricio Gomm, Partner, GST LLP, Brazil and USA; Andrea Hulbert, Partner, Hulbert Volio Abogados, Costa Rica; Stephen Jagusch QC, Chair of Global International Arbitration Practice, Quinn Emanuel Urquhart & Sullivan LLP, E&W; Trinh Nguyen, Founding Partner, Trinh Nguyen & Partners (TNP Law), Vietnam; Sameer Shah, International Arbitrator, India; Kirindeep Singh, Senior Partner, Dentons Rodyk & Davidson LLP, Singapore.
Commenting on Andrew’s appointment, Rashda said:
“One of the first steps necessary to establish The Alliance has been getting the constitution of the Council right. The Council Members were selected especially as those active individuals who we believe have the drive and vision to promote the Alliance’s core message locally and globally and to push for the change that this industry is ready for. We believe that the work the Council Members have done, the values they hold and the support they have shown in the past in campaigning for equality makes each one an ideal candidate for the Council. We are delighted and honoured, therefore, that Andrew Mackenzie, as one such person, has accepted our invitation to join the Council. He joins a diverse Council based around the world and able to promote our work internationally”.
Andrew, who is a solicitor on secondment from the Scottish Government Justice Directorate to the Centre, said:
“I am honoured to be a Council Member of The Alliance and delighted that Scotland is actively involved. Since the establishment of the Centre, I have been keen to ensure we promote diversity and inclusivity. We have gender balance on the Board and on our Arbitral Appointments Committee, and only host balanced tables at industry dinners. I congratulate Lucy and Rashda on this initiative and its successful launch, which fittingly coincided with the anniversary of the birth of Robert Burns allowing the international audience to enjoy Rashda reciting his poem The Rights of Woman.”
41. Andrew Mackenzie appointed Co-Chair of IBA Access to Justice and Legal Aid Committee
Andrew Mackenzie, Chief Executive of the Scottish Arbitration Centre, has been appointed Co-Chair of the International Bar Association Access to Justice and Legal Aid Committee.
The International Bar Association (IBA), established in 1947, is the world’s leading organisation of international legal practitioners, bar associations and law societies. The IBA influences the development of international law reform and shapes the future of the legal profession throughout the world, having considerable experience in providing assistance to the global legal community.
The Access to Justice and Legal Aid Committee aims to gather information from around the world on the barriers to access to justice in each jurisdiction and any ways in which these barriers are overcome, with specific emphasis on statutory schemes such as legal aid, publicising its findings with reports and events. Andrew’s co-chair is Mark Woods from Australia and the other Officers of the Committee are Heike Lörcher from Germany and James Robottom from England.
Andrew, who is a solicitor on secondment from the Scottish Government Justice Directorate to the Centre, said:
“I am delighted to have been appointed by the IBA as Co-Chair of the Access to Justice and Legal Aid Committee. One of the great strengths of the IBA is its global reach, which is key to the committee’s objective of sharing and spreading good practice on access to justice around the world. The differing approaches to seeking access to justice provide a valuable source of ideas and information for jurisdictions struggling to maintain or improve access to justice.
Over the last few years on the committee, I have been involved in some important research work and the publishing of reports on Children and Access to Justice and Access to Justice for People with Disabilities. I have ensured that Scotland has featured prominently in these reports, highlighting our place as a key legal jurisdiction on the international stage.
The committee is currently developing guidelines on the principles and practice that should underpin an effective legal aid system, hoping to embark on a project focusing on the economic case for legal aid and plans to scrutinise ombudsman services at its session at the IBA Annual Conference in Rome.”
Congratulating Andrew on the appointment, Brandon Malone, Chairman of the Board of the Centre, said:
“I am extremely pleased to see my friend and colleague, Andrew Mackenzie become Co-Chair of the IBA Access to Justice and Legal Aid Committee.
One of our core beliefs at the Scottish Arbitration Centre is that Scots law and Scottish lawyers have much to offer the legal world, and that Scottish lawyers should become more involved in the international legal framework. It is fantastic to see Andrew leading by example, and taking on such an important international position.
I wish Andrew great success in this new role.”
Graham Matthews, President of the Law Society of Scotland, said:
“I am delighted to congratulate Andrew Mackenzie on his appointment as Co-Chair of the IBA Access to Justice and Legal Aid Committee.
“In the course of his legal career, Andrew has made a varied and remarkable contribution to government and legal services and the outstanding breadth of his experience, knowledge and energy will be an invaluable asset to the committee.
“At the Law Society, we vigorously defend legal aid and champion access to justice on behalf of our members and in the public interest. With a legal market that is becoming increasingly globalised, it follows that we should share best practice with our international colleagues and take learnings from legal jurisdictions across the world.
“Together with his co-chair Mark Woods, Andrew is brilliantly placed to lead this work and I look forward to seeing the outputs of their research and working together in the interests of creating a fairer and more just society.”
Gordon Jackson, QC, Dean of the Faculty of Advocates, said: “The Faculty very much welcomes this appointment. It is so important for Scotland that it should have a voice on influential, international bodies such as the IBA, and in areas as vital as access to justice and legal aid.
“We are confident that Andrew Mackenzie has all the attributes to ensure that his is a strong voice, and one which is heard and respected. We wish him well.”
Click here for further information.
42. December Newsletter
Our latest Newsletter can be viewed here. Season’s greetings and happy holidays from the Scottish Arbitration Centre.
43. Scottish Arbitration Centre Chairman appointed to chair project on cybersecurity in international arbitration
Brandon Malone, Chairman of the Board of the Scottish Arbitration Centre, has been appointed to chair a joint working group on cybersecurity in international arbitration comprising the International Council for Commercial Arbitration (ICCA), the New York City Bar Association (NYC Bar) and the International Institute for Conflict Prevention and Resolution (CPR).
The ICCA-NYC Bar-CPR Working Group on Cybersecurity in International Arbitration is a project dedicated to addressing the need for cybersecurity in arbitral practice and establishing voluntary cybersecurity protocols for use in international arbitral proceedings. The Working Group will consider the possible impact of cybersecurity breaches on the system of international arbitration, as well as current practice and existing duties. The Members will then prepare a set of guidelines, which will provide practical guidance for counsel, arbitrators, and institutions, as well as optional protocols that can be adopted by parties to an arbitration.
An impressive group of practitioners will join Mr Malone on the Working Group. The Members are Olivier André (CPR, NYC); Paul Cohen (4-5 Gray’s Inn Square Chambers, London); Stephanie Cohen (independent arbitrator, NYC); Hagit Elul (Hughes Hubbard & Reed, NYC); Lea Haber Kuck (Skadden, Arps, Slate, Meagher & Flom LLP, NYC); Micaela McMurrough (Covington & Burling, NYC); Mark Morril (independent arbitrator, NYC); and Kathleen Paisley (Ambos Law, Brussels).
The Working Group will present a consultation paper at the 24th ICCA Congress in Sydney, Australia. The congress will be held from 15-18 April 2018.
Andrew Mackenzie, Chief Executive of the Scottish Arbitration Centre, said:
“I congratulate Brandon Malone on his appointment as chair of this important international project, which will develop much needed cybersecurity protocols for use in international arbitral proceedings. It is important that Scotland is at the cutting edge of developments in international arbitration as we encourage the use of Scotland as a seat of arbitration, particularly in the run up to Edinburgh hosting ICCA 2020. Brandon’s appointment as chair of this new group, with senior practitioners from London, Brussels and NYC, demonstrates our ambition and international reach. I wish Brandon and the Working Group well with this crucial project.”
For more information about the Working group, please visit the Project page on the ICCA website.
44. Quarterly Newsletter – November 2017
Our latest newsletter is now available to view here. This quarter, our guest writer is Philippa Charles of Stewarts Law. There are also updates form our Chairman and Chief Executive, news and upcoming events.
45. IBA Access to Justice and Legal Aid Committee report on Access to Justice for persons with disabilities presented at IBA Sydney
Chief Executive of the Scottish Arbitration Centre and Co-Vice Chair of the IBA Access to Justice and Legal Aid Committee, Andrew Mackenzie attended IBA Sydney last month where a new report, Access to justice for people with disabilities: From international principles to practice was presented at the working session, Access to justice for persons with disabilities: an international review. The report was commissioned by the Committee and was researched and written by the Bingham Centre for the Rule of Law, part of the British Institute of International and Comparative Law. highlights that lawyers, the wider legal community and governments could and should be doing more to help protect the rights of people with disabilities.
Around one billion people, 15% of the global population, have some form of disability and experience discrimination in many areas of life, exacerbated by the barriers they face in accessing justice. The aim was to research the issues concerning access to justice for people with disabilities around the world, so the report looks at examples from various jurisdictions. It is clear that more needs to be done to break down some of the additional barriers to access to justice often faced by those with disabilities and it is hoped that this report will raise awareness of these issues and ultimately lead to enhanced access to justice for some of the more vulnerable in our society.
Amongst the main findings of the report, were that crime against people with disabilities appears to be significantly underreported and more should be done to encourage greater reporting to ensure that policy in this area is based on accurate evidence. It was also found that, whilst litigation can effectively help overturn discriminatory laws by intervening at an early stage, there is a need to ensure that laws that may have a negative impact against people with disabilities do not enter the statute books. Furthermore, litigation can only have a wider impact on discriminatory laws or practices where these can be evidenced and that requires data, yet data gathered by many countries does still not include a break down in relation to people with disabilities.
The report also found that, in many countries where people with mental disabilities are deemed unfit to stand trial they are still deprived of their liberty through enforced hospitalisation and this is in conflict with human rights law. Further research and investigation is therefore needed in order to resolve the conflicts between denial or restriction of legal capacity and human rights, with reference to different legal systems around the world. The treatment of, and communication with, people with disabilities during judicial proceedings are usually covered by voluntary guidelines. It was found that these are applied, at best, in an ad hoc fashion. These need to be strengthened into codes of practice to ensure consistency and structure and to make them binding. Also, importantly, it was found that new technologies and the development of online dispute resolution can help people with disabilities overcome marginalisation in the justice system. Governments and the legal community should be open to the benefits that these technologies provide.
Whilst at the annual IBA Conference in Sydney, Andrew presented at a session on how Online Dispute Resolution can benefit persons with disabilities. Brandon Malone, Chairman of the Scottish Arbitration Centre, also attended and IBA Sydney was a great opportunity to discuss arbitration and the role of the Scottish Arbitration Centre with colleagues and members of the legal profession internationally.
46. RICS to hold Dispute Resolution in Construction Conference in Edinburgh
This event will take place on 7 December 2017 at the EICC, Edinburgh. It will provide practical strategies in choosing the best form of ADR to help your clients avoid disputes altogether or resolve them as efficiently as possible. Aimed at those in the construction sector, the conference will provide a roundup of the latest case law to ensure you translate the outcomes and learnings from these into your everyday practice. During the day you will also learn how to challenge third party decisions, navigate international disputes and delay and disruption claims.
• Get up-to-speed with common contracting pitfalls and gain a wealth of payment case law updates from the last few years to ensure you know what employers, main contractors and sub contractors should be including in their contracts.
• Learn what form of ADR is best for construction cases and review the different forms of ADR methods to assess the pros and cons of different alternative dispute resolution methods to best advise your clients.
• Understand both the contractor and client perspective to avoid future conflicts, providing you with strategies for managing stakeholder relationships and incentivising co-operation.
• Gain a greater understanding of 3am Clauses and how to make the right choices, giving you the knowledge of how parties to international commercial agreements can make informed choices.
• Network with your colleagues and gain useful tips, strategies and dispute resolution mechanisms which can be applied in your own business practices.
View the agenda to see the full programme and sessions throughout the day.
Hear from key speakers including:
• Len Bunton, Director, Bunton Consulting
• Lisa Cattanach, Director, Construction Dispute Resolution
• Janey Milligan, Managing Director, Construction Dispute Resolution
Ensure you register today and benefit from the chance to network with your peers and share best practice to keep you at the forefront of the complex area of construction disputes. For more information and to sign up, please click here
47. Scottish Arbitration Centre hosts various arbitration events
The Scottish Arbitration Centre hosted a number of events in September, including a joint energy law conference with 20 Essex Street; a breakfast seminar with ArbitralWomen; and its annual arbitrator training day.
The energy conference, entitled “Contract Strategy for the Energy Industry: Drilling through the turmoil” was held on Wednesday 20th September and, supported by RICS, focussed on the implications of Brexit on decommissioning, contract risk, performance and dispute resolution clauses, as well as a look a Scots and English law approaches. The event was chaired by Brandon Nolan and Brandon Malone, both Directors of the Centre. Speakers included, Prof Peter Cameron, Director of CEPMLP at the University of Dundee; Penelope Nevill, Gordon Nardell QC and Angharad Parry, all barristers at 20 Essex Street; Chris Mackay, Partner at Burness Paull; and Lorna Richardson, Lecturer at Edinburgh Law School. Around forty delegates from across Scotland along with practitioners from London and further afield attended this free event in Edinburgh.
The Centre has a particular interest in energy matters, working with CEPMLP at the University of Dundee for some time now on a joint project – the International Centre for Energy Arbitration (ICEA). ICEA carried out research with the energy sector and launched its Initial Report on Dispute Resolution in the Energy Sector in 2015. The report sets out the energy industry’s desired requirements for dispute resolution in the industry, with a view to establishing a set of bespoke energy arbitration rules in the future.
The ArbitralWomen breakfast seminar on Thursday 21st September was also a joint event with the Centre, entitled “Differences in the practice of international arbitration in the UK”. The event was the first of its kind to be held in Scotland since the establishment of this prestigious international arbitration body. Rashda Rana SC, President of ArbitralWomen, chaired the event, with an international panel of Lindy Patterson QC (Edinburgh); Philippa Charles (London); Anne-Marie Blaney (Dublin); and Carita Wallgren-Lindholm (Helsinki). Around thirty delegates from across Scotland along with practitioners from London attended this free event in Edinburgh, which was supported by 20 Essex Street, RICS and International Chamber of Commerce UK (ICC UK).
Rashda Rana SC said:
“It has been a fantastic opportunity to work with the Centre on this first joint ArbitralWomen/Centre seminar on “Differences in the practice of international arbitration in UK jurisdictions”. I am looking forward to further collaborations between us. As we work towards ICCA 2020, I hope awareness and the take up of international arbitration in Scotland will increase exponentially. It is an ideal place to become the next hub for international dispute resolution services.”
The Centre also held its fifth annual arbitrator training day. The event, which was sponsored by HKA and supported by 20 Essex Street, RICS and ICC UK, saw around 50 delegates from various professions attend the event, including an increased number of delegates from out with Scotland.
The training day was chaired by Brandon Malone, Chairman of the Centre, and involved leading practitioners providing an update on developments in arbitration and related case law, as well as guidance on practical aspects. Annabelle Ewing MSP, Minister for Community Safety and Legal Affairs, provided the keynote speech. In a wide-ranging speech, she discussed the Scottish Government’s diversity programme, given she was following the ArbitralWomen seminar, and relevant work in justice policy, before committing continuing support for the Centre and praising it for its achievements to date, especially winning ICCA 2020 for Edinburgh. Richard Farndale, Chairman of the Scottish Branch of CIArb, provided the main presentation on Scottish arbitration and best practice, drawing on his years of experience in arbitration cases. Gillian Lemaire provided a useful insight into international arbitration, referring to her experience in various international disputes. 
Rob Wilson, Partner at CMS, provided a short talk on arbitration in renewable energy matters and introduced the afternoon workshops. Along with Dr Gloria Alvarez, Lecturer at the University of Aberdeen, he then facilitated the workshops they had developed, which resulted in a stimulating interactive discussion on various issues which can arise in an arbitration. Janey Milligan, a Director of the Centre, also provided an update on the work of the Centre.
In the margins of the annual conference, the ICC UK Arbitration and ADR Committee met for the first time outwith London. The committee, chaired by John Beechey, past President of the International Court of Arbitration of the ICC, includes various international arbitration practitioners based in the UK, including Brandon Malone.
John Beechey said:
“The ICC (UK) Arbitration Committee is delighted to have the opportunity to hold its first meeting in Edinburgh in the wings of the Centre’s annual Arbitration Training Day. It looks forward to developing the links between ICC and the Centre in the run-up to ICCA 2020.”
Before Brandon Malone closed the conference, Lord Clark announced the establishment of a new Arbitration Court User Group. The group will include Andrew Mackenzie and three Directors of the Centre, Brandon Malone, Janey Milligan and Jonathan Broome.
Andrew Mackenzie, Chief Executive of the Centre, said:
“We are delighted to have hosted another successful arbitrator training day, as well as the ArbitralWomen breakfast seminar and the energy law conference. It has been a busy couple of days at the Centre with these popular events bringing in local and international practitioners, who all enjoyed learning about the Scottish system and sharing experiences in international cases. We are grateful to Ms Ewing’s praise for our achievements to date and enjoy continuing support from the Scottish Government. We are particularly pleased that we continue to attract a mix of professionals to our annual event, with advocates, solicitors and surveyors exchanging experiences in best practice. We are also proud to have hosted the first ArbitralWomen event in Scotland as well as the first meeting of the ICC UK Arbitration and ADR Committee on this side of the border.
We also welcome the Judicial Office for Scotland’s decision to establish a new court user group focused on arbitration. Given there are only two other such groups, one for commercial matters and one for personal injury cases, it emphasises the importance the Court in Scotland places on ensuring its approach to arbitration remains supportive. This positive measure by the Court is an important step in ensuing Scotland is viewed as an attractive seat for both domestic and international arbitration. We are not aware of another jurisdiction that has such a group and the move further enhances Scotland’s reputation as it prepares to host the ICCA Congress in 2020. We look forward to working with Lord Clark and Lord Glennie on this excellent initiative.”
48. Quarterly Newsletter July 2017
The Quarterly Newsletter for July 2017 is available here.
49. Scottish Arbitration Centre appoints Lindy Patterson QC to chair committee
The Scottish Arbitration Centre has appointed Lindy Patterson QC as the new Chair of the Domestic Sub-Committee of its independent Arbitral Appointments Committee. She is replacing former Chair, James Wolffe QC, who now serves as Lord Advocate.
The Centre’s formal arbitral appointments service has been operating since it was first introduced in December 2014. When parties specify that the Centre is to appoint an arbitrator to deal with their dispute, the selection of an arbitrator is made by its Committee. The Committee acts independently from the Centre and uses its knowledge of the sector to appoint an appropriate candidate from the leading domestic (Scottish) and international arbitrators. The Centre has Directions and Guidance, along with the necessary forms to assist in the process, including the Application for the Appointment of an Arbitration Form, and can be found here.
Lindy Patterson QC has recently left CMS Cameron McKenna. Now a door tenant at 39 Essex Chambers in London, she acts as an independent arbitrator, adjudicator and dispute board member in the construction and engineering, energy and PPP industries. Lindy is qualified in English and Scots law and has higher rights (civil) in both jurisdictions. She is a member of the London Court of International Arbitration, is President-Elect of the Dispute Resolution Board Federation (DRBF) Region 2 and teaches on the International Arbitration Masters Course at the University of Edinburgh.
Lindy will chair the Domestic Sub-Committee and Juliet Blanch will continue to chair the International Sub-Committee.
The other current members of the Committee are Olufunke Adekoya SAN (Partner, ǼLEX, Nigeria); Eliana Biraldi (Partner, De Vivo, Whitaker & Castro, Brazil); David Carrick (Senior VP, HKA Global, Edinburgh); Sandra Cassels (Partner, Brechin Tindal Oatts, Edinburgh); Vincent Connor (Partner, Pinsent Masons, Hong Kong); Joyce Cullen (Partner, Brodies, Edinburgh); Thomas Halket (Partner, Halket Weitz, New York); Kaj Hobér (3 Verulam Buildings, London); Elie Kleiman (Partner, Freshfields, Paris); and Alice Leggat (Legal Manager, SSE, Perth). Further details on the Committee members can be found here.
Lindy said:
“I am delighted to take up this appointment and look forward to being part of the arbitration appointments process of the Scottish Arbitration Centre in the years ahead. I believe this jurisdiction is very well placed to have a thriving arbitration scene, both domestic and international.”
Andrew Mackenzie, Chief Executive of the Centre, said:
“I am delighted that Lindy Patterson QC has accepted our invitation to Chair our Domestic Sub-Committee. She has been a strong supporter of the Centre, serving on our committee since its establishment, and is a highly respected in Scotland, London and internationally. We are honoured to have Lindy and Juliet, two outstanding arbitration practitioners, chairing our sub-committees and presiding over our ad hoc arbitral appointments system. It also further strengthens our support for gender equality in arbitration.”
50. Scottish Arbitration Centre hosts new IBA president Martin Šolc
Andrew Mackenzie, chief executive of the Scottish Arbitration Centre, and Brandon Malone, chairman of the centre, yesterday hosted Martin Šolc, the new president of the International Bar Association (IBA) at their premises on Princes Street to discuss the work of the centre and the IBA. The IBA, established in 1947, is the world’s leading organisation of international legal practitioners, bar associations and law societies.
Mr Šolc will be president of the IBA until 2018, replacing outgoing president David Rivkin. The new president has been a member of the IBA for more than 25 years, has been awarded numerous accolades and is consistently regarded as one of the most respected and prominent lawyers in the Czech Republic. He represented the Czech bar on the IBA Council in 1990, is a former president of the Czech Bar Association and has been an active senior member of the IBA for many years.
Commenting on the visit, Mr Mackenzie said: “It was an honour to welcome the new president of the IBA to the centre. We had a wide-ranging discussion, which included the promotion of Scotland as an international seat of arbitration, the work of the IBA and the opportunities for members to develop international links, and the future of the rule of law and the legal profession.
“As co-vice chair of the IBA Access to Justice and Legal Aid Committee, I was delighted to also have the opportunity to update the President on some of the key projects the committee is currently taking forward.
“The centre continues to promote Scotland and its practitioners, so this was an excellent chance to raise awareness with this global leader.”
51. Quarterly Newsletter April 2017
The Quarterly Newsletter for April 2017 is available here.
52. Scotland nominated for international arbitration award
Scotland was nominated as a jurisdiction that made great progress by Global Arbitration Review. The nomination was announced at the 7th Annual GAR Awards Ceremony in Milan on 29 March.
Scotland was recognised for achievements including the Scottish Arbitration Centre’s celebration of its 5th year of operation and the Centre winning the bid for Edinburgh to host the ICCA congress in 2020.
India was announced as the winner of the award. Other nominated jurisdictions were Switzerland, Singapore, Russia, Qatar and Hong Kong.
The event raised money for the Swawou School Foundation in Sierra Leone and also launched GAR’s Arbitrator Research Tool and included the unveiling of this year’s GAR 30.
The ceremony saw White & Case being presented with the much sought after top spot of the GAR30 law firms, and a lifetime achievement award introduced by Charles Kaplan went to W. Lawrence Craig.
Andrew Mackenzie, Chief Executive of the Scottish Arbitration Centre, and Brandon Malone, Chairman, attended the ceremony on Wednesday and also the launch of the ICC Revised Rules of Arbitration yesterday at the Camera Arbitrale di Milano. Today they will represent Scotland at the IBA International Arbitration Day conference.
Andrew Mackenzie, Chief Executive of the Centre, said:
“It is a great honour for Scotland to be recognised by Global Arbitration Review at its prestigious award ceremony this year. This nomination is recognition from the international community of the development of Scotland as an international arbitration jurisdiction and further demonstrates the milestones being achieved to place Scotland firmly alongside other well-developed international arbitration jurisdictions.”
53. Scottish Arbitration Centre sponsors University of Edinburgh Willem Vis Pre-Vis Moot and supports Multi-Tier Dispute Resolution in Practice conference
The Scottish Arbitration Centre has again sponsored the University of Edinburgh’s Pre-Vis Moot event. It also supported its Multi-Tier Dispute Resolution in Practice conference, which was held in in Edinburgh on Friday 10 March.
The conference focused on multi-tier dispute resolution in practice, discussing critical issues surrounding multi-tier clauses and the methods referred therein. In particular, topics such as tactics in a multi-tier setting and enforcement of multi-tier clauses were covered and dispute resolution methods such as dispute boards and mediation were examined.
Opening and closing remarks were provided by the Rt Hon Lord Hope of Craighead, and the Centre was well represented. Brandon Malone, Chairman of the Centre, chaired the session on dispute boards; Lindy Patterson QC, Member of the Centre’s Arbitral Appointment Committee, spoke on multi-tier dispute resolution clauses and chaired the session on tactics in a multi-tier setting; Hew Dundas, Honorary Vice-President of the Centre, was also involved in the session on tactic; and Andrew Mackenzie, Chief Executive of the Centre, addressed delegates on Edinburgh hosting the International Council for Commercial Arbitration Congress in 2020 (ICCA 2020). A number of speakers flew in from London and elsewhere, included Ellis Baker, Head of Construction and Engineering at White and Case in London; Dr Cyril Chern of Crown Office Chambers in London; Jane Davies-Evans of 3 Verulam Buildings in London; Kate Wilford of Hogan Lovells in London; and James Hope of Advokatfirman Vinge in Stockholm.
The 6th Edinburgh International Willem Vis Pre-Moot was held after the conference on 11 and 12 March. The Vis Pre-Moot was created by Edinburgh Law School to give students an opportunity to hone their skills prior to the finals for the Willem Vis International Commercial Arbitration Moot in Vienna and its sister moot in Hong Kong. At this, the 6th annual Pre-Moot, 15 student teams from nine jurisdictions met in Edinburgh and were asked to plead against one another. This included teams from England, France, Germany, The Netherlands, Switzerland, Turkey, China and Japan. Teams from Edinburgh and Robert Gordon Universities also competed. The competition allowed students and arbitration practitioners to come together for training and mutual inspiration. In order to give them a professional audience and realistic feedback the competition was supported by 45 professionals who acted as moot arbitrators.
Thanking the Centre for its support Dr Simone Lamont-Black, the founder of the Edinburgh Vis Moot Project, organiser of the conference and lecturer in international trade law at the University of Edinburgh, said:
“The conference was an extremely informative event and we were very pleased to host such a team of eminent speakers on the topic and especially delighted that the Rt. Hon. Lord Hope agreed to open and close the conference. The moot was also a great success, bringing around 120 people together in Edinburgh for the event, including 15 teams from around the world and 45 practitioners.”
Andrew Mackenzie said:
“We were delighted to be able to support the University of Edinburgh’s dispute resolution conference and the practice competition in advance of the Willem Vis Moot in Vienna. It is encouraging to see international students and senior practitioners from far and wide coming to Scotland to attend international arbitration events, with delegates and speakers from England, Germany, Sweden and even Japan involved in the conference and moot. We hope to see more of this as we work towards ICCA 2020.”
54. Quarterly Newsletter December 2016
The Quarterly Newsletter for December 2016 is available here.
55. Quarterly Newsletter November 2016
The Quarterly Newsletter for November 2016 is available here.
56. Scottish input in IBA Report on Children and Access to Justice
The International Bar Association’s Access to Justice and Legal Committee, working with the Bingham Centre for the Rule of Law, has launched a draft report titled “Children and Access to Justice: National Practices, International Challenges.” The report was launched and the IBA annual conference in Washington last week with speakers including, Tina Tchen, the Chief of Staff of the First Lady.
The report seeks to examine the barriers and challenges to access to justice for children and the way those are overcome in different jurisdictions. It explores the position in different countries, but it does so with a view to understanding national issues as international challenges. In compiling the report, the Bingham Centre designed a survey (in consultation with the Committee) which was distributed and responses analysed by the Centre. There were 39 responses to the survey, coming from 22 jurisdictions. Scotland was one of the most responsive jurisdictions, with four responses. The findings of the report are focused on the following main areas: legal framework and awareness of rights; legal standing and responsibility; legal responsibility for criminal acts; the justice system; and access to justice for children internationally.
The responses from Scotland feature heavily in the findings of the report. The report highlights that, in relation to the right to be heard, Scotland provides an example of few states who have set the voting age below 18. The report also highlights that Scotland, along with France, has organised a national consultation with 16,000 children (2,500 children in France’s case) and then advocated drawing inspiration from the children’s ideas. Among discussion of Ombudsmen offices for children, the report highlights the existence and function of the Children and Young People’s Commissioner Scotland, and how this works to protect the rights of children and young people. However, some reported that formal legal discrimination against asylum seeker and migrant children and children with disabilities was present in Scotland.
In relation to criminal responsibility, the report notes that Scotland has one of the lowest ages of criminal responsibility of all of the respondents (only Nigeria was lower, with an age of 7), although the report does note that the age of criminal prosecution is higher at age 12. The Committee on the Rights of the Child considers the age of 12 to be the minimum “internationally acceptable” standard, and recommends that states should not maintain in force ages of criminal responsibility below that threshold. The report notes that a report was published in 2007, following debate in the Scottish Parliament in 2004 and the commissioning of an independent review of institutional child abuse in residential and children’s homes between 1950 and 1995. The report also highlights the findings of this report.
In relation to the child’s right to be heard in civil and family cases, the Convention on the Rights of the Child provides that participation of children should be heard on a case by case basis, depending on age and maturity. However, the report found that a number of jurisdictions establish by law the minimum age at which the child is considered as a young person of sufficient maturity and capable of expressing views which should be considered. A small number of jurisdictions had the threshold set at age 7, while Scotland, along with Belgium and Morocco, reported a higher age threshold of age 12. However, respondents from Scotland also indicated that there is a cultural barrier to the active participation of children in these proceedings.
Attending the launch of the report, Andrew Mackenzie, Communications Officer for the Access to Justice and Legal Aid Committee and Chief Executive of the Scottish Arbitration Centre, said:
“The IBA Access to Justice and Legal Aid Committee was only formed in 2013, yet it has already published case studies examples of best practice and four reports, working with the Bingham Centre for the Rule of Law. The reports have been cited in a range of work internationally, including in OECD briefings on access to justice reforms, and the Committee and Bingham Centre researchers have presented findings on numerous occasions. The latest report on access to justice for children focuses is on access to a fair and equitable justice system that guarantees adequate protection of the rights of children, including comparative consideration of whether certain groups of children in different countries are differently or particularly affected in these respects. I am particularly delighted that Scotland features so prominently this year and hope this will continue in our future surveys.”
The study in full and the preceding briefing paper can be found at http://www.ibanet.org/PPID/Constituent/AccesstoJustice_LegalAid/Projects.aspx .
57. Scottish Arbitration Centre wins tender to continue providing administrative services to the School Closure Review Panels
The Scottish Arbitration Centre has been providing administrative services to the Office of the Convener of the School Closure Review Panels since its inception in January 2015. The work includes administering review cases on school closure consultations considered by the Panels. In June of this year, the Scottish Government began conducting a procurement exercise for the provision of these services.
The Centre submitted a bid to continue providing these services in July, and we are delighted that our bid was successful. The new contract started on 1 October and is for an initial period of three years.
58. Scottish Arbitration Centre represented at the IBA Annual Conference in Washington DC
In September, the Centre’s Chairman, Brandon Malone, and Chief Executive, Andrew Mackenzie, attended the IBA Annual Conference in Washington DC. The IBA Annual Conference is one of the biggest events in the Centre’s calendar for international promotion of Scottish arbitration. As well as a busy working programme including sessions from leading arbitration practitioners, the conference provides an excellent opportunity to network with some of the many thousands of international legal and arbitration professionals in attendance. Our recent, successful bid to bring the International Council of Commercial Arbitration (ICCA) Congress to Edinburgh in 2020 is a testament to the value of international profile-raising among the world’s arbitration community at international events such as IBA.
In addition to attending various arbitration sessions, Brandon and Andrew engaged with numerous international lawyers at various breakfasts, lunches, and receptions, promoting the Centre, Scottish arbitration and Scotland as seat and venue for international arbitration. Events attended included; the IBA President’s private reception at the impressive United States Institute of Peace; the Debevoise & Plimpton reception; the GlobalScot networking lunch at Williams Mullen, hosted by Robert Dewar, their DC-based Scottish Partner; the KPMG Forensic reception as a guest of Martin Dougall, their Melbourne-based Scottish Partner; the ArbitralWomen Breakfast and Panel; the Hughes Hubbard & Reed reception; and a private lunch hosted by Stewarts Law. Other engagements attended included evening receptions hosted by the Centre’s corporate members CMS; Hogan Lovells; and King & Spalding, as well as events by BDO; Law Council of Australia; Miles & Stockbridge; Peters & Peters; Stikeman Elliot; Thomson Reuters; TransPerfect; and White & Case. Brandon Malone also attended the Advocate General’s breakfast reception, and a reception hosted by the Bar Councils of England and Wales, Ireland, Northern Ireland, and the Scottish Faculty of Advocates.
Andrew Mackenzie is currently the Communications Officer for the IBA Access to Justice and Legal Aid Committee and was in attendance at the Committee’s meeting, which this year reported on an international survey on children and access to justice. The Committee will also be developing a survey and report access to justice for those with mental or physical disabilities, a report on the economic case for legal aid, and engage in a joint project guidelines on the principles and practice that should underpin an effective legal aid system. Reports of the Committee can be accessed here: http://www.ibanet.org/PPID/Constituent/AccesstoJustice_LegalAid/Default.aspx
Representing the IBA Access to Justice and Legal Aid Committee, Andrew also sits on the IBA Presidential Task force on Climate Justice, which met at IBA DC. The work was initiated following a plea from Mary Robinson at IBA Dublin in 2012. Baroness Kennedy and an environmental lawyer then co-authored a report into climate change and human rights (see link: http://www.ibanet.org/PresidentialTaskForceCCJHR2014.aspx). The IBA is now implementing the findings of the report. Andrew is particularly involved in the dispute resolution aspects of implementation, working with Wendy Miles QC, who sits on the Task Force on behalf of the IBA Arbitration Committee. Following the IBA Mid-Year Meeting in Barcelona, Andrew facilitated a deal which saw IBA agreeing to work with CEPMLP at the University of Dundee. CEPMLP will manage the IBA expert list of practitioners involved in environmental law, thus providing a prestigious role for a Scottish university.
59. Centre supports International Arbitration Charity Ball
The Centre supported the International Dispute Resolution Centre’s fourth International Arbitration Charity Ball in London, which raised nearly £450,000 for the Save the Children charity. Funds raised will go towards assisting the victims of the Syrian civil law and other humanitarian crises.
Around 630 guests attended the Ball, which was held at London’s 15th Century Guildhall on 8 September, many wearing Venetian-style masks in line with the Ball’s “masquerade” theme for the evening.
The Centre’s Chairman, Brandon Malone, and Chief Executive, Andrew Mackenzie, attended the Ball, donating a prize of tickets for two to the Opening Night of the Edinburgh International Film Festival and luxury overnight accommodation. The Centre’s prize raised over £2,000 for the charity.
Andrew Mackenzie said:
“We were delighted to attend and support the International Arbitration Charity Ball again this year and particularly pleased that that our prize generated over £2,000 for Save the Children. As well as being a formidable fundraising event, it is a great opportunity to network with colleagues involved in international arbitration and promote the benefits of Scottish arbitration.”
60. Scottish Arbitration Centre hosts fourth arbitrator training day
The Scottish Arbitration Centre has held its fourth annual arbitrator training day. The event, which was sponsored by Hill International and supported by RICS Scotland, took place at the Centre on Princes Street overlooking Edinburgh Castle.
Around 50 delegates from various professions attended the event, including delegates from outwith Scotland.
During the training day leading practitioners provided an update on developments in arbitration and related case law and gave guidance on practical aspects. Sir David Edward QC, Honorary President of the Centre, provided the keynote speech, which including an update on the work of the Centre. In a wide-ranging speech he discussed his experience of international arbitration and thoughts on current thinking on the medium.
The Rt Hon Lord Carloway, the Lord President of the Court of Session, gave the view from the Court (see speech).
Sheila Webster, Davidson Chalmers, provided the main presentation on Scottish arbitration and best practice, drawing on her years on experience in numerous arbitration cases. Lindy Patterson QC, CMS Cameron McKenna and a member of the Centre’s Arbitral Appointment Committee, provided a useful insight into international arbitration, referring to her experience in various international disputes.
David Anderson, Shepherd and Wedderburn, provided a short talk on arbitration in construction matters and introduced the afternoon workshops. David and Janey Milligan, Construction Dispute Resolution and a Director of the Centre, then facilitated the workshops they had developed, which resulted in a stimulating interactive discussion on various issues which can arise in an arbitration.
Brandon Malone, Chairman of the Centre, chaired the event and provided a presentation on the Centre’s recent success in winning the International Council for Commercial Arbitration Congress for Edinburgh in 2020.
Andrew Mackenzie, Chief Executive of the Centre, said:
“We are delighted to have hosted another successful arbitrator training day. Despite our focus on Scottish arbitration and best practice, we managed to attract delegates from outwith Scotland, such as Fiona Sinclair QC from 4 New Square, Ravi Aswani from St Philips Stone Chambers and Seguimundo Navarro from Madrid, who all enjoyed learning about the Scottish system and sharing experiences in international cases. We are particularly pleased that we continue to attract a mix of professionals to this event, with advocates, solicitors, surveyors and accountants exchanging experiences in best practice. Our training day continues to demonstrate the interest from Scottish and other professionals in this developing industry.”
The full text of the Lord President’s speech to delegates is available here.
Andrew Mackenzie, Chief Executive of the Scottish Arbitration Centre, Rt Hon Lord Carloway; Lord President of the Court of Session, and Brandon Malone, Chairman of the Centre.
61. Quarterly Newsletter July 2016
Access the July 2016 newsletter here.
62. Brandon Malone Chairs debate at CDR Summer Arbitration Symposium
Brandon Malone, Chairman of the Scottish Arbitration Centre, has chaired an energy arbitration debate at the Commercial Dispute Resolution (CDR) Arbitration Summer Symposium. At the symposium on 9 June, significant current and future trends in international arbitration were debated by leading industry figures.
Opening with a keynote presentation by Dr Robert Gaitskell QC, barrister and arbitrator at Keating Chambers, the symposium continued with analyses of construction and engineering arbitration, maritime arbitration, the use of ADR in competition and antitrust law cases, and the relationship between offshore jurisdictions and arbitration. Later in the day, Brandon Malone introduced a panel discussion on the latest trends in energy arbitration in Asia, the Middle East, the Americas, Europe and Russia. Panel members included Colin Johnson of Grant Thornton and Charlie Lightfoot of Jenner & Block.
The day’s event then concluded with a panel discussion on the enforcement of arbitral awards, and an “Ask the Arbitrator” session. Arbitrators responding to questions from the floor included Rashda Rana SC, barrister and arbitrator at 39 Essex Chambers, President of ArbitralWomen and a member of the Centre’s ICCA bid advisory panel; and Juliet Blanch, Head of International Dispute Resolution at Weil, Gotshal & Manges and Chair of the Centre’s Arbitral Appointments International Sub-Committee.
Brandon Malone said:
“I was pleased to be given the opportunity of chairing the energy arbitration debate at the CDR Symposium. Colin Johnson and Charlie Lightfoot gave an interesting discussion of regional perspectives and the changing landscapes of energy arbitration. The day’s varied programme allowed fruitful discussion of a range of international arbitration issues.”
63. Scottish Arbitration Centre hosts international energy law students
The Scottish Arbitration Centre was delighted to welcome a group of visiting students from the University of Dundee’s Centre for Energy, Petroleum, Mineral Law and Policy at the University of Dundee on Friday. The group of fourteen students, led by Professor Pieter Bekker, CEPMLP Chair in International Law, were visiting Edinburgh to participate in a mock arbitration tribunal held at CMS Cameron McKenna LLP earlier that day.
During their visit to the Centre, the group of students from Colombia, Eritrea, Kenya, Kosovo, Lebanon, Nigeria and Peru received a talk from Brandon Malone, Chairman of the Centre, about the promotional work of the Scottish Arbitration Centre and arbitration in Scotland. He encouraged the international group of students to get involved in the promotion of arbitration following their studies, to use arbitration as a dispute resolution mechanism during their legal careers, and to sit on arbitration panels and set up arbitration centres in their home countries.
This is the second annual visit from students at the CEPMLP in conjunction with their field trip to CMS in Edinburgh.
The Scottish Arbitration Centre and the CEPMLP work together on various projects, notably the International Centre for Energy Arbitration (ICEA) which published its Initial Report on Dispute Resolution in the Energy Sector in May 2015 and is considering further research and the development of bespoke energy arbitration rules.
Professor Bekker said:
“The presence of the Scottish Arbitration Centre in Edinburgh provides our Dundee arbitration students with a unique opportunity to see an actual arbitral institution at work and to appreciate Scotland as a place of arbitration, including for energy disputes. The students were especially interested to find out more about the International Centre for Energy Arbitration, a joint venture between the CEPMLP and the SAC. We are most grateful to Chairman Malone and his dedicated staff for hosting us again this year.”
64. Scottish Arbitration Centre provides arbitration presentation to visiting Brazilian judges
Brandon Malone, Chairman of the Scottish Arbitration Centre, has provided a presentation on Scottish arbitration to a delegation of judges from Brazil.
The Association of Brazilian Magistrates (AMB), which represents all levels of the Brazilian judiciary, is visiting Scotland as part of its second International Congress. During the visit the judges will hear about the Scottish judiciary and the legal profession in Scotland, and about the civil and criminal procedure. Visits will be made to the Court of Session and the Employment Tribunal, and a mock High Court trial is being organised for criminal judges.
The Centre was invited to provide a presentation by the Judicial Institute for Scotland. Around 200 delegates attended Mr Malone’s presentation on arbitration.
Mr Malone and Andrew Mackenzie, Chief Executive of the Centre, were also guests at a reception for the judges at Parliament House on Monday night, where they spent time with the coordinator from Brazil, Judge Jose Lucio Munhoz.
Mr Malone said:
“I was very happy to accept the Judicial Institute for Scotland’s invitation to speak on behalf of the Centre at this event, and to share the Scottish experience of arbitration and ADR with the Brazilian audience. I was especially pleased to be able to be able to report on the progress of our energy arbitration project, and that the ICCA Congress, hosted by Rio de Janeiro in 2010 will be coming to Edinburgh in 2020.”
65. Scottish Arbitration Centre’s Chairman, Brandon Malone, appointed to the Scottish Civil Justice Council
Brandon Malone, the Chairman of the Scottish Arbitration Centre’s Board of Directors, has been appointed to the Scottish Civil Justice Council. One of the Council’s guiding principles is that alternative methods of dispute resolution should be promoted, where appropriate.
Brandon will take up his new three-year post on 28 May, along with fellow newly appointed members Joel Conn and Jane Williams, and re-appointed members Ian Maxwell and Judge Joseph d’Inverno.
The appointments were made by the Chair of the Council, the Lord President, Lord Carloway following an open and competitive recruitment exercise in consultation with the Scottish Ministers and the Law Society of Scotland.
Lord Carloway welcomed the new Council members, saying
“I look forward to working with each of them. Their knowledge and experience will be a valuable contribution to the Council’s work in taking forward the historic reforms proposed in the Scottish Civil Courts Review.”
Brandon Malone said
“Arbitration and alternative dispute resolution are important components of the civil justice system. Arbitration in particular has the potential to delivery truly local justice for smaller scale disputes whilst also enhancing the attractiveness of Scotland as a venue to resolve large international commercial disputes. I am very excited to be joining the Scottish Civil Justice Council during this time of wide ranging reform.”
66. Scottish Arbitration Centre supports the Equal Representation in Arbitration Pledge
The Scottish Arbitration Centre has welcomed the introduction of the Equal Representation in Arbitration Pledge and Andrew Mackenzie, Chief Executive of the Centre, signed the Pledge at its official launch in London on 18 May. The Pledge aims to increase the representation of women in arbitration and to encourage the appointment of women as arbitrators on an equal opportunity basis.
Jackie van Haersolte-van Hof, Director General of the London Court of International Arbitration (LCIA), first called for such a pledge in 2014 at the ICCA Congress in Miami, at which Mr Mackenzie was present to hear her speak on gender equality in arbitration. Dr van Haersolte-van Hof was also the guest writer in the Centre’s quarterly newsletter the following year. Her article on diversity can be viewed here.
A Steering Committee was then formed and the Pledge was drawn up in 2015 by members of the arbitral community in recognition of the under-representation of women in international arbitration. The committee is co-chaired by Sylvia Noury, Partner at Freshfields Bruckhaus Deringer and a named corporate member of the Scottish Arbitration Centre, and Wendy Miles QC, Global Head of Arbitration at Boies, Schiller & Flexner, who supported the Centre’s bid to host the ICCA 2020 Congress sitting on the Centre’s ICCA 2020 advisory panel. Other members of the Steering Committee include Juliet Blanch, Head of International Dispute Resolution at Weil, Gotshal & Manges and Chair of the Centre’s Arbitral Appointments International Sub-Committee; Justin D’Agostino, Global Head of Dispute Resolution at Herbert Smith Freehills; John Beechey, Chairman of the ICC UK Arbitration and ADR Committee and a member of the Centre’s ICCA 2020 advisory panel; and Nish Shetty, Partner at Clifford Chance and a member of the Centre’s ICCA 2020 advisory panel.
The Pledge aims to ensure that:
- committees, governing bodies and conference panels in the field of arbitration include a fair representation of women;
- lists of potential arbitrators or tribunal chairs provided to or considered by parties, counsel, in-house counsel or otherwise include a fair representation of female candidates;
- states, arbitral institutions and national committees include a fair representation of female candidates on rosters and lists of potential arbitrator appointees, where maintained by them;
- where they have the power to do so, counsel, arbitrators, representatives of corporates, states and arbitral institutions appoint a fair representation of female arbitrators;
- gender statistics for appointments (split by party and other appointment) are collated and made publicly available; and
- senior and experienced arbitration practitioners support, mentor/sponsor and encourage women to pursue arbitrator appointments and otherwise enhance their profiles and practice.
You can read more about the initiative, and take the Pledge, here.
Andrew Mackenzie said:
“I am delighted to sign the Pledge on behalf of the Scottish Arbitration Centre and the International Centre for Energy Arbitration (ICEA), our energy arbitration project with CEPMLP at the University of Dundee. The Scottish Arbitration Centre is committed to improving diversity in arbitration. Our ICCA bid advisory panel has 30% female members, including Rashda Rana SC, President of ArbitralWomen; we have 40% women on our Board; our Arbitral Appointments Committee for ad hoc appointments has more than 50% female members, with Juliet Blanch chairing the international sub-committee; and 75% of our staff are women.”
67. Scottish Arbitration Centre wins bid to bring ICCA 2020 to Edinburgh
The Scottish Arbitration Centre has won its bid for Edinburgh to host the International Council for Commercial Arbitration (ICCA) Congress 2020. The other cities that bid for the congress were Copenhagen, Mexico City, Stockholm, St Petersburg, Vancouver and Vienna. The final written bid was submitted in April, followed by a presentation made to the judging panel on 8 May 2016 at the ICCA Congress in Mauritius. The presentation included a video which featured the First Minister of Scotland along with the Centre’s Honorary President, Chairman of the Board and Chief Executive. The bid presentation also involved the bid team being piped into the Governing Board meeting by a Mauritian bagpiper and the unveiling of a new tartan commissioned for ICCA which will be registered under the Scottish Register of Tartans Act 2008.
ICCA is a worldwide non-governmental organisation devoted to promoting the use, and improving the processes of arbitration and other forms of international commercial dispute resolution. Its activities include convening international arbitration congresses and conferences, sponsoring authoritative dispute resolution publications, and promoting the harmonisation of arbitration and conciliation rules, laws and practices. The ICCA Congress is the world’s largest conference devoted to international arbitration. The previous two ICCA congresses, held in Singapore and Miami, each attracted over 1,000 arbitration professionals. VisitScotland estimates the congress is worth around £1.7 million to the Scottish economy.
The Centre’s bid had the support of the Prime Minister, the First Minister of Scotland, the Lord President of the Court of Session, the Dean of the Faculty of Advocates, the President of the Law Society of Scotland, the Lord Provost of Edinburgh, the Chairman of the Scottish Branch of the Chartered Institute of Arbitrators, the Chief Executive of the Royal Institution of Chartered Surveyors Global, the Chairman of VisitScotland and the Chief Executive of Marketing Edinburgh. An advisory panel drawn from the international arbitration community has also been established, to provide advice and support in the lead up to the congress. The written bid and promotional video were completed with the support of Conference Partners, who will be the professional conference organisers for ICCA 2020.
A number of leading law firms have financially committed to ICCA 2020 in Edinburgh and one hundred thousand pounds in sponsorship has already been raised. CMS Cameron McKenna has agreed to become a platinum sponsor, with Scottish firm Shepherd and Wedderburn and Herbert Smith Freehills also becoming Bronze sponsors. Stephenson Harwood has also agreed to become an official sponsor, along with Marketing Edinburgh and VisitScotland.
ICCA President, Donald Donovan, said;
“We are delighted to be going to Edinburgh in 2020, and congratulate the bid committee on having prevailed in the face of stiff competition from a strong field of bidders. After recent ICCA Congresses held in Rio, Singapore and Miami, this year’s event in Mauritius, and a 2018 Congress scheduled for Sydney, ICCA looks forward to bringing the Congress to Europe in 2020. We’re confident that ICCA Edinburgh will provide a spectacular platform from which to pursue ICCA’s mission to address the toughest issues facing international commercial and investment arbitration.”
Centre Chairman, Brandon Malone, said;
“It is a great honour to be selected to host the 2020 ICCA Congress. We see this as an important milestone in the development of international commercial arbitration in Scotland, and we look forward to welcoming the arbitration world to Edinburgh.”
Andrew Mackenzie, Chief Executive of the Centre, said:
“We are delighted to bring the ICCA Congress to Edinburgh in 2020. We look forward to showing the international arbitration community what Scotland has to offer and are confident that this conference will put Edinburgh firmly on the map as venue and a seat of international arbitration.”
68. Quarterly Newsletter April 2016
The Centre’s quarterly newsletter is available here.
69. Quarterly Newsletter April 2016
The Centre’s quarterly newsletter is available here.
70. Scottish Arbitration Centre celebrates fifth anniversary
The Scottish Arbitration Centre celebrated its fifth anniversary with an event at its premises on Princes Street on 11 April.
The Centre was launched by Fergus Ewing MSP, the then Minister for Community Safety, at its original premises in Hunter Square in March 2011. The Centre is a non-profit company limited by guarantee made up of the Law Society of Scotland, the Faculty of Advocates, the Chartered Institute of Arbitrators, the Royal Institution of Chartered Surveyors, and the Scottish Ministers. The Centre promotes Scottish arbitration and Scotland as seat and venue for arbitration. It has an Arbitral Appointments Committee which can make appointments in ad hoc matters and provides a room hire service for arbitrations and mediations.
At the event, Andrew Mackenzie, Chief Executive of the Centre, welcomed guests and Sir David Edward QC, Honorary President of the Centre, and Brandon Malone, its Chairman, gave short speeches to the invited guests, including Lord Hamilton, arbitrator and former Lord President of the Court of Session; Lorna Jack, Chief Executive of the Law Society of Scotland; Neil Kelly, Chairman of the Scottish Branch of CIArb; Sarah Speirs, Director of RICS Scotland; Prof Peter Cameron, Director of the Centre for Energy, Petroleum and Mineral Law and Policy at the University of Dundee; and Guy Pendell, Head of the International Arbitration Group at CMS Cameron McKenna.
Sir David said:
“The Centre has come a long way in five years, thanks in particular to Brandon Malone and Andrew Mackenzie. We now have a home here on Princes Street with a full-time staff of four. The Centre has established an annual arbitration training day bringing together professionals from different disciplines involved in arbitration. We have a successful collaboration project for energy arbitration with the Centre for Energy, Petroleum and Mineral Law and Policy at the University of Dundee. The Centre has also been nominated for two Global Arbitration Review Awards. Now we are bidding for the opportunity to host here in Edinburgh the largest international arbitration conference in the world.”
Mr Malone listed some of the achievements from the Centre’s first five years. Commenting on the Centre’s progress he said:
“The thing that I am most pleased about, and the major difference between now and when we first started five years ago is the huge amount of goodwill and awareness that we have generated for the Centre and for Scottish arbitration. This was brought home to me when we sought support for our ICCA bid. I was overwhelmed by the level of support from leading individuals in the international arbitration community from all over the world, keen to see Scottish arbitration prosper.”
Providing further details on the bid for Edinburgh to host the International Council for Commercial Arbitration (ICCA) Congress 2020. He said:
“Whilst there is no doubt that the Centre is now spreading Scotland’s arbitration message more widely than ever before, there is no single thing that we could do to promote Scottish arbitration, likely to have as big an impact as bringing the international arbitration community to Scotland for an ICCA Congress. Hosting the Congress in Edinburgh would allow international arbitration practitioners to see for themselves the many attractions that Scotland has to offer as an arbitral jurisdiction, and as a place to arbitrate, and would expose Scottish professionals to the world of international commercial arbitration and its potential benefits for Scottish business.”
The bid has the support of the Prime Minister, the First Minister of Scotland, the Lord President of the Court of Session, the Dean of the Faculty of Advocates, the President of the Law Society of Scotland, the Lord Provost of Edinburgh, the Chairman of the Scottish Branch of the Chartered Institute of Arbitrators, the Chief Executive of the Royal Institution of Chartered Surveyors Global, the Chairman of VisitScotland and the Chief Executive of Marketing Edinburgh.
The other cities eligible to bid to host ICCA 2020 are Copenhagen, Mexico City, Stockholm, St Petersburg, Vancouver and Vienna.
71. Scottish Arbitration Centre submits final bid for Edinburgh to host ICCA 2020
The Scottish Arbitration Centre has submitted its final written bid for Edinburgh to host the International Council for Commercial Arbitration (ICCA) Congress 2020.
ICCA is a worldwide non-governmental organisation devoted to promoting the use, and improving the processes of arbitration and other forms of international commercial dispute resolution. Its activities include convening international arbitration congresses and conferences, sponsoring authoritative dispute resolution publications, and promoting the harmonisation of arbitration and conciliation rules, laws and practices. The ICCA Congress is the world’s largest conference devoted to international arbitration. The previous two ICCA congresses, held in Singapore and Miami, each attracted over 1,000 arbitration professionals.
In December ICCA confirmed that Edinburgh had been pre-selected to bid after the Centre submitted its initial bid in November. The other cities eligible to bid to host ICCA 2020 are Copenhagen, Mexico City, Stockholm, St Petersburg, Vancouver and Vienna.
The bid has the support of the Prime Minister, the First Minister of Scotland, the Lord President of the Court of Session, the Dean of the Faculty of Advocates, the President of the Law Society of Scotland, the Lord Provost of Edinburgh, the Chairman of the Scottish Branch of the Chartered Institute of Arbitrators, the Chief Executive of the Royal Institution of Chartered Surveyors Global, the Chairman of VisitScotland and the Chief Executive of Marketing Edinburgh.
In her letter of support dated 15 March, Nicola Sturgeon MSP, First Minister of Scotland, said:
“I am pleased to support the Scottish Arbitration Centre’s bid to host the ICCA Congress in 2020.
Increasing the use of alternative dispute resolution is a priority for the Scottish Government and arbitration has a long history in Scotland, complimented by one of the most modern systems of arbitration in the world.
In the last five years, the Centre has continued to grow and develop rapidly; relocating to premises overlooking Edinburgh Castle, unveiling a formal arbitral appointments process, taking on the provision of administrative services to a new statutory dispute scheme, and being shortlisted for a number of awards, including the “Innovation in Arbitration” Award in 2016.
Edinburgh is ideally placed to host the ICCA 2020 Congress, with facilities and professionalism available in the city acknowledged by the meeting industry world-wide.”
David Cameron MP, the Prime Minister, said:
“I am confident that Scotland would be a fantastic place to host the Congress. It would provide an excellent opportunity for the Scottish Arbitration Centre to showcase just how much Scotland has to offer and to build on the already glowing reputation gained by the successful hosting of the Commonwealth Games in 2014.”
The Centre has also announced a list of leading individuals supporting the Edinburgh bid, who will constitute an advisory panel. Panel members will provide advice as required on approaches to the bid and, if successful, on preparations for ICCA 2020. The panel is as follows.
- Mark Appel, International Arbitrator at ArbDB Chambers and past Senior Vice President at ICDR/AAA
- David Arias, Partner at Arias, Co-Chair of the IBA Arbitration Committee and President of the Spanish Arbitration Club
- John Beechey, Chairman of the ICC UK Arbitration and ADR Committee and past President of ICC International Court of Arbitration
- Ruth Byrne, Partner at King & Spalding and Co-Chair of the London Court of International Arbitration’s Young International Arbitration Group (YIAG)
- Peter Scott Caldwell, Director at Caldwell Ltd and past Secretary-General of Hong Kong International Arbitration Centre
- Professor Peter Cameron, Director of the Centre for Energy, Petroleum and Mineral Law and Policy at the University of Dundee and Co-Director of the International Centre for Energy Arbitration
- Philippa Charles, Head of International Arbitration at Stewarts Law
- Michael Davison, Head of Litigation and Arbitration at Hogan Lovells
- Alec Emmerson, Consultant at Clyde & Co in Dubai and Chief Executive of the DIFC Arbitration Institute
- Ania Farren, Special Counsel at K&L Gates and Vice-Chair of the International Arbitration Charity Ball Committee
- Edward Fashole-Luke II, Managing Partner at Luke and Associates in Botswana
- John Fellas, Co-Chair of International Arbitration and Dispute Resolution at Hughes, Hubbard & Reed in New York
- Louis Flannery, Head of International Arbitration at Stephenson Harwood
- Rachel Foxton, Head of Practice Support at 20 Essex Street, past Director of Business Development and Communications at the SIAC and Member of ICCA Singapore Host Committee
- Lord Hope of Craighead, Arbitrator at Brick Court Chambers, past Deputy President of the Supreme Court of the United Kingdom and former Lord President of the Court of Session in Scotland
- Colm Ó hOisín SC, Barrister, President of Arbitration Ireland and Member of ICCA Dublin Host Committee
- Dr Christopher Kee, Dean of Chinese Affairs for the University of Aberdeen and Senior Lecturer at the University’s School of Law and Co-Director of the Willem C Vis International Commercial Arbitration Moot
- Rory McAlpine, Dispute Resolution Partner at Skadden, Hong Kong
- Wendy Miles QC, Global Head of Arbitration at Boies, Schiller & Flexner, Vice-President of the ICC International Court of Arbitration, an elected Member of the Board of Trustees of CIArb and Secretary of the IBA Arbitration Committee.
- Reza Mohtashami, Dispute Resolution Partner at Freshfields Bruckhaus Deringer and President of the LCIA’s Arab Users’ Council
- Sophie Nappert, Arbitrator at 3 Verulam Buildings and founder of the Nappert Prize in International Arbitration
- Guy Pendell, Head of International Arbitration at CMS Cameron McKenna
- Rashda Rana SC, Barrister at 39 Essex Chambers and President of ArbitralWomen
- Datuk Professor Sundra Rajoo, Director of the Kuala Lumpur Regional Centre for Arbitration (KLRCA) and current President of the Chartered Institute of Arbitrators (CIArb) Global
- Alan Redfern, Arbitrator at One Essex Court, pastVice-President of the International Court of Arbitration of the International Chamber of Commerce and former non-executive Director of the LCIA
- Larry Schaner, Co-chair of International Arbitration at Jenner & Block and a past Vice-Chair of the IBA Arbitration Committee
- Nish Shetty, Dispute Resolution Partner at Clifford Chance Asia, Founding Chairman of the SIAC Users’ Council and a Member of the CII Task Force on Arbitration in India
- Ana Stanic, Founder of E&A Law and honorary lecturer in international arbitration at the University of Dundee
- Craig Tevendale, International Arbitration Partner at Herbert Smith Freehills
- Dr Claudius Triebold, Global Head of the Eversheds International Litigation and Arbitration Group, Switzerland
On announcing the advisory panel, Andrew Mackenzie, Chief Executive of the Centre, said:
“We are delighted to have the support of key domestic organisations, such as the Scottish and UK Governments, as well as global support from RICS’s 27 international offices.
In addition, our bid has the backing of some of the most influential names in international arbitration, including the current President of CIArb Global and Director of the KLRCA; the Co-Chair of the IBA Arbitration Committee; the Vice-President of the ICC International Court of Arbitration; the past President of the ICC International Court of Arbitration; the Co-Chair of the LCIA Young International Arbitration Group; the past Secretary-General of HKIAC; the Chief Executive of the DIFC Arbitration Institute; the past Director of Business Development and Communications at the SIAC; the past Deputy President of the Supreme Court of the United Kingdom and former Lord President of the Court of Session in Scotland; the President of Arbitration Ireland; the Co-Director of the Willem C Vis International Commercial Arbitration Moot; and the President of ArbitralWomen. Crucially, we have advisors from previous ICCA Congress organising committees from Dublin and Singapore.”
Brandon Malone, Chairman of the Board of the Centre, said:
“We are very excited that Edinburgh has been pre-selected to bid to host ICCA 2020. There is stiff competition from six very worthy competitor cities, but we have confidence in Edinburgh’s offering, and look forward to presenting our bid to the ICCA Governing Council at ICCA 2016 in May. We are grateful for the support that we have received from government and professional bodies and in particular for the endorsement of the First Minister and Prime Minister. We have been overwhelmed by the offers of support from senior members of the international arbitration community.
Whilst there is no doubt that the Centre is now spreading Scotland’s arbitration message more widely than ever before, there is no single thing that we could do to promote Scottish arbitration, likely to have as big an impact as bringing the international arbitration community to Scotland for an ICCA Congress. Hosting the Congress in Edinburgh would allow international arbitration practitioners to see for themselves the many attractions that Scotland has to offer as an arbitral jurisdiction, and as a place to arbitrate, and would expose Scottish professionals to the world of international commercial arbitration and its potential benefits for Scottish business.”
72.Scottish Arbitration Centre sponsors Edinburgh Vis Pre-Moot
Dr Simone Lamont-Black, founder of the Edinburgh Vis Moot Project and lecturer in international trade law at the University of Edinburgh, has welcomed the continued support and sponsorship from the Scottish Arbitration Centre for the Law School’s Vis Pre-Moot, to be held on 20 and 21 February 2016.
The competition was arranged in advance of the Willem Vis Moot, an annual international commercial arbitration moot which takes place in Vienna in March. Universities from all over the world compete at the Vienna event.
The Vis Pre-Moot was created by Edinburgh Law School to give students an opportunity to hone their skills prior to the finals for the Willem Vis International Commercial Arbitration Moot in Vienna and its Sister Moot in Hong Kong. At this, the 5th annual Pre-Moot, student teams from universities in ten different countries will be asked to plead against one another. The competition allows international student teams and arbitration practitioners to come together for training and mutual inspiration. In order to give them a professional audience and realistic feedback the competition will be supported by professionals who will act as moot arbitrators, including Hew Dundas, Honorary Vice President of the Scottish Arbitration Centre and Lindy Patterson QC, a member of the Centre’s Arbitral Appointments Committee.
Dr Lamont-Black said:
“The Edinburgh Pre-Moot is an important step for our students in their preparation for their pleadings at the moot venue in Vienna. The event annually brings an international community of students and arbitrators to Edinburgh. It has gone from strength to strength with the 5th Pre-Moot, our largest to date, welcoming teams from universities from France, Switzerland, Germany, The Netherlands, Slovakia, Turkey, Uzbekistan, Japan, England and Scotland. We are extremely grateful for the strong support from the local and international arbitration community and judiciary and our sponsors without whom this event would not be possible. Our gratitude goes in particular to the Scottish Arbitration Centre for its continued and generous support of our Edinburgh Pre-Moot since its inception.”
Andrew Mackenzie, Chief Executive of the Scottish Arbitration Centre, said:
“We are delighted to be able to continue our support and sponsorship of the practice competition in advance of the Willem Vis Moot in Vienna. We want to work with all universities in Scotland to promote domestic and international arbitration, and hope that more Law Schools here will consider taking part in arbitration moots in the future.”
73.Scotland’s International Centre for Energy Arbitration nominated for innovation award
Scotland’s International Centre for Energy Arbitration nominated for innovation award
The International Centre for Energy Arbitration (ICEA), the joint project of the Scottish Arbitration Centre and the University of Dundee’s Centre for Energy, Petroleum, Mineral Law and Policy, has been shortlisted for an innovation award by Global Arbitration Review (GAR).
GAR is the world’s leading international arbitration law journal and news service. The 6th Annual GAR Awards Ceremony will take place on 2 March in Shanghai for the unveiling of the GAR 30, the annual ranking of the world’s most active arbitration practices and the presentation of awards in the following categories:
• Best lecture or speech
• Chinese international arbitration practice that impressed in the past year
• Innovation by an individual or organisation
• Best prepared/most responsive arbitrator
• Best prepared/most responsive arbitrator aged under 45
• Large international arbitration practice that impressed in the past year
• Most important reported or published decision
• Best development
• GAR Guide to Regional Arbitration award for up and coming regional arbitral institution
• Jurisdiction that has made great progress
• Lifetime achievement award
The ICEA received its nomination for its research on dispute resolution in the energy sector, notably its publication of the Initial Report on Dispute Resolution in the Energy Sector; a report which sets out the dispute resolution preferences of the sector, with a view to establishing a set of bespoke arbitration rules in future.
Andrew Mackenzie, Chief Executive of the Scottish Arbitration Centre, said:
“I am delighted that our energy project has been shortlisted for the GAR Award for innovation by an individual or organisation for our energy report and proposed rules. This will be the second year in a row that our energy project has been recognised at this high profile awards ceremony, as the Scottish Arbitration Centre was previously nominated for the GAR Guide to Regional Arbitration award for up and coming regional arbitral institution last year partly for its work on ICEA. Again we face stiff competition for senior individuals and established institutions from around the world, including London, Switzerland, the USA, Hong Kong and China, but we welcome this opportunity to promote Scotland and our work on energy arbitration.”
Voting is open and votes can be cast here. Polls will close at 8am tomorrow (Wednesday 17 February).
74. Scotland’s International Centre for Energy Arbitration nominated for innovation award
Scotland’s International Centre for Energy Arbitration nominated for innovation award
The International Centre for Energy Arbitration (ICEA), the joint project of the Scottish Arbitration Centre and the University of Dundee’s Centre for Energy, Petroleum, Mineral Law and Policy, has been shortlisted for an innovation award by Global Arbitration Review (GAR).
GAR is the world’s leading international arbitration law journal and news service. The 6th Annual GAR Awards Ceremony will take place on 2 March in Shanghai for the unveiling of the GAR 30, the annual ranking of the world’s most active arbitration practices and the presentation of awards in the following categories:
• Best lecture or speech
• Chinese international arbitration practice that impressed in the past year
• Innovation by an individual or organisation
• Best prepared/most responsive arbitrator
• Best prepared/most responsive arbitrator aged under 45
• Large international arbitration practice that impressed in the past year
• Most important reported or published decision
• Best development
• GAR Guide to Regional Arbitration award for up and coming regional arbitral institution
• Jurisdiction that has made great progress
• Lifetime achievement award
The ICEA received its nomination for its research on dispute resolution in the energy sector, notably its publication of the Initial Report on Dispute Resolution in the Energy Sector; a report which sets out the dispute resolution preferences of the sector, with a view to establishing a set of bespoke arbitration rules in future.
Andrew Mackenzie, Chief Executive of the Scottish Arbitration Centre, said:
“I am delighted that our energy project has been shortlisted for the GAR Award for innovation by an individual or organisation for our energy report and proposed rules. This will be the second year in a row that our energy project has been recognised at this high profile awards ceremony, as the Scottish Arbitration Centre was previously nominated for the GAR Guide to Regional Arbitration award for up and coming regional arbitral institution last year partly for its work on ICEA. Again we face stiff competition for senior individuals and established institutions from around the world, including London, Switzerland, the USA, Hong Kong and China, but we welcome this opportunity to promote Scotland and our work on energy arbitration.”
Voting is open and votes can be cast here. Polls will close at 8am tomorrow (Wednesday 17 February).
75. Scottish Arbitration Centre’s Chairman to speak at the 27th European Energy Law Seminar
The Scottish Arbitration Centre’s Chairman, Brandon Malone, has been invited to speak at the 27th European Energy Law Seminar which will take place on 25-26 January in The Hague, the Netherlands.
The Seminar was organised by NeVER in conjunction with the University of Groningen, Centre of Energy Law; the University of Oslo, and the Petroleum and Energy Law Department of the Scandinavian Institute of Maritime Law.
Brandon Malone will speak on the subject of dispute resolution in the energy sector and in his capacity as co-director of the International Centre for Energy Arbitration (ICEA).
The International Centre for Energy Arbitration (ICEA) is a joint initiative of the Scottish Arbitration Centre and the University of Dundee’s Centre for Energy, Petroleum, Mineral Law and Policy. The ICEA was established in 2014 and launched by the then First Minister, Alex Salmond, with the aim of investigating current trends and desired requirements in respect of dispute resolution in the energy sector, and with a longer term view of establishing bespoke energy arbitration rules and Scotland as a leading jurisdiction on energy dispute resolution. In May of 2015 the ICEA published its Initial Report on Dispute Resolution in the Energy Sector to much international interest and legal press coverage. A copy of the Report can be accessed here.
Andrew Mackenzie, Chief Executive of the Scottish Arbitration Centre, and Secretary General of the ICEA said:
“We are delighted that a representative of the ICEA has been selected to present at such a high profile energy conference. This opportunity speaks to the growing profile of the ICEA as an authority on energy dispute resolution, and of Scotland as the place to resolve energy disputes.”
Registration to the 27th European Energy Law Seminar closed on 10 January.
76. Tribute to Lord Dervaird
The Hon Lord Dervaird (Professor John Murray QC), Honorary Vice President of the Scottish Arbitration Centre, passed away on 23 December.
Lord Dervaird was a former judge of the Court of Session. He had experience as an arbitrator and as counsel in numerous international arbitration proceedings, both institutional (LCIA, ICC, NAFTA, and ICSID) and ad hoc, in Scotland, England, France, Belgium, Switzerland, the USA, Canada, South Africa, Tanzania, India, the West Indies and Singapore. Lord Dervaird was a Member of the Advisory Board of the International Arbitration Institute, and an Honorary Council Member of the Conciliation and Arbitration Centre for Advanced Techniques (ATA), both Paris. He wrote various Scotland chapters in distinguished international arbitration publications, and was Emeritus Professor at the University of Edinburgh, and lectured on international arbitration at London (King’s College) and Strathclyde Universities.
Leading tributes on behalf of the Centre, Sir David Edward QC, Honorary President of the Centre, said:
“Lord Dervaird was a trail-blazer for Scotland in the field of international arbitration and deservedly had a very high reputation amongst his colleagues. For myself, I am very sad to have lost an old and valued friend”.
Andrew Mackenzie, Chief Executive of the Centre, said:
“Lord Dervaird was well known and respected within the international arbitration community, and a great ambassador for arbitration in Scotland. A strong supporter of the Centre, he was involved in international arbitration work up until a prolonged illness this year. I will particularly miss him at social gatherings for his good company and entertaining tales from his life in arbitration, law and agriculture.”
Brandon Malone, Chairman of the Centre, added:
“We were incredibly grateful for the immediate and consistent support that Lord Dervaird provided to the Scottish Arbitration Centre from the outset. There is no doubt, that his many achievements and his reputation in the field have opened doors for the Centre, and have made it easier for us to promote Scottish arbitration.”
Various friends and colleagues from the international arbitration community have also paid tribute to Lord Dervaird, including John Beechey, past President of the ICC Court of International Arbitration, who said:
“While he was at all times a stalwart champion of Scotland and arbitration in Scotland, John made his mark far further afield, not least in India and in Southern and East Africa. In the course of his long career as an arbitrator, he rendered a significant number of international arbitration awards, both ‘ad hoc’ and under the rules of leading institutions, including at least 15 awards under the Rules of the ICC International Court of Arbitration. His was a broad canvass in every sense: he was as much at home dealing with mining, oil and gas and construction disputes as he was with licensing, IP and banking. It is that breadth of knowledge and experience and his humanity that will cause him to be remembered well beyond the borders of his native Scotland.”
77. Scottish Arbitration Centre represented at IBA conference on climate change disputes in Paris during COP21
The Scottish Arbitration Centre’s Chief Executive, Andrew Mackenzie, has attended a conference on climate change disputes in Paris during the United Nations Conference on Climate Change, where some of the world’s leaders are currently working to achieve universal agreement to keep global warming below 2°C.
The Conference, ‘Climate Change Related Disputes: A Role for International Arbitration and ADR’ was held at the ICC in Paris on 7 December. The conference was hosted by IBA in association with the ICC International Court of Arbitration, the Permanent Court of Arbitration, and the Arbitration Institute of the Stockholm Chamber of Commerce, and brought together a diverse group of stakeholders including international arbitrators, environment and climate change experts, in-house counsel, government officials, and environmental compliance officers.
In his keynote speech at the event, President of the International Bar Association, David Rivkin, emphasised the critical role that arbitration and alternative dispute resolution mechanisms will play in encouraging business and government commitments on climate change and sustainability. He said:
“There is huge potential to consider how the existing use of international arbitration and ADR mechanisms in resolving climate change related disputes may be advanced and expanded, both in the context of contractual obligations and treaty mechanisms.”
Last year, the IBA Taskforce on Climate Change Justice and Human Rights issued a report called Achieving Justice and Human Rights in an Era of Climate Disruption, which advanced the debate on corporations’ responsibilities to mitigate and adapt to climate change, spotlighted linkages between human rights and climate change, and made more than 50 separate recommendations for business, governments and civil society. Mr Rivkin has encouraged the IBA’s committees to work on implementing these recommendations.
Mr Mackenzie is also an Officer of the IBA’s Access to Justice Committee, and is leading that committee’s response to the implementation of the climate justice report, which involves working with the IBA Arbitration Committee. He said:
“Dispute resolution is an important element of the climate justice debate, and, in the absence of a new dedicated international court, the IBA’s report recommended arbitration for such disputes. Access to justice, particularly for those claiming to have had their human rights infringed as a result of climate change, must also be a focus. Given Scotland’s input into the debate, including the First Minister’s announcement in Paris this week, we hope Scotland will be seen as an ideal seat for such arbitrations.”
78. Scottish Arbitration Centre invited to speak at energy dispute resolution conference in Australia
Andrew Mackenzie, Chief Executive of the Scottish Arbitration Centre and Secretary General of the International Centre for Energy Arbitration (ICEA); the joint energy arbitration project of the Centre and CEPMLP at the University of Dundee, has delivered a presentation on a dispute resolution model for the energy sector at a conference in Brisbane.
The conference, ‘Managing Construction Disputes in the Mining & Petroleum Industries,’ was organised by Informa and took place on 10-11 November at the Quay West Suites in Brisbane. The Conference drew together delegates from the legal and energy sectors throughout Australia interested in efficient dispute resolution methods and international best practises.
Speakers at the conference included Georgia Quick and Khory McCormick, both vice-presidents of the Australian Centre for International Commercial Arbitration; Wendy MacLaughlin, Senior Vice President, McLachlan Lister Pty Ltd, Hill International (Australia); Andrew Stephenson, Partner, Corrs Chambers Westgarth; Ian Briggs, Chief Legal Counsel, Downer EDI Mining; Stephen Callaghan, Principal Consultant, AMEC Foster Wheeler – Australia East, Member, Dispute Resolution Board Foundation; Professor Gabriel Moens, Curtin University; Karyn Reardon, Partner, HWL Ebsworth; Campbell Jackson, Partner, Ernst & Young; Kevin Nash, Deputy Registrar, Singapore International Arbitration Centre, Michael Feutrill, Board Member, Perth Centre for Energy and Resources Arbitration (PCERA) and Jeremy Chenoweth, Partner, Ashurst, and Director, Society of Construction Law.
Andrew Mackenzie said:
“The conference has provided an invaluable opportunity for the Scottish Arbitration Centre and the ICEA to forge links with the arbitration and energy community in Australia. Participation in this event has allowed an opportunity to discuss the system in Scotland and our energy arbitration project and its findings, and the chance to meet and share experiences with representatives from ACICA and PCERA. I am excited that the work of the Centre and the ICEA has reverberated this far around the world, and that the international dispute resolution community is looking to Scotland as a leading jurisdiction on arbitration in the energy and mining sectors. I would like to thank Informa for the kind invitation and sponsored travel and accommodation at this very successful inaugural event.”
79. Quarterly Newsletter December 2015
The Quarterly Newsletter for December 2015 is available here.
80. Scottish Arbitration Centre hosts visit from Chinese delegation
The Scottish Arbitration Centre has hosted a Chinese delegation at its premises on Princes Street in Edinburgh. The visit took place on Tuesday 27 October.
During the visit, the delegation of twenty government officials from Shanghai and an interpreter received a presentation from the Centre’s Chief Executive, Andrew Mackenzie, on arbitration and its benefits to business.
The officials were from the Municipal Development and Reform Commission; the Shanghai Price Supervision and Anti-monopoly Bureau; the Shanghai Municipal People’s Government Cooperative Exchange Office; the Shanghai Municipal Government Administration Bureau; the General Office of Shanghai Municipal People’s Government; the Development and Reform Commission of Yangpu, Fengxian, Minhang, Baoshan, Pudong, Putuo, Xuhui, Qingpu, Jin An and Hongkou Districts of Shanghai; and the Development and Reform Commission of Chongming Country in Shanghai.
The delegation visited the Centre as part of their three week long training tour in the UK focussing on innovation in the Free Trade Zone. Other pit stops on the delegation’s tour in Scotland included Scottish Enterprise and the University of Edinburgh.
Andrew Mackenzie said:
“We were delighted to welcome Lin Xiaoli and his delegation to the Scottish Arbitration Centre during their visit to Scotland, and happy to discuss the benefits of arbitration, including Scottish arbitration, to assist business in China.”
Lin Xiaoli, Vice Director of Executive Office, thanked Mr Mackenzie for hosting the group, and said:
“Your presentation on the arbitration experience in Scotland is very helpful for us. I really appreciated your kindness and hospitality.”
Pictured: Andrew Mackenzie, Chief Executive of the Scottish Arbitration Centre, and Lin Xiaoli , Vice Director of Executive Office of the Shanghai Municipal Development and Reform Commission.
81. Scottish Arbitration Centre hosts International Energy Arbitration Conference in Edinburgh
The Scottish Arbitration Centre has hosted an international energy arbitration conference at its premises in Edinburgh. The conference was organised by Adriana Viloria Severiche, Andreas Ioannides and Juan Neira Castro from the University of Dundee’s Centre for Energy, Petroleum, Mineral Law and Policy (CEPMLP), with sponsorship from CMS Cameron McKenna, and support from the International Centre for Energy Arbitration (ICEA), the Energy Charter, the Energy Arbitration List, the International Centre for Dispute Resolution (ICDR), the International Mediation Institute
The conference focussed on challenges and opportunities for energy arbitration over the next decade, and highlighted the progress that has been made in recent arbitral awards.
Around sixty delegates attended this very international conference, with speakers and delegates from Scotland, England, France, Germany, Poland, Spain, Cyprus, Russia, Turkey, Iran, Bolivia, Peru, UAE, Nigeria, Guinea and Indonesia.
Speakers at the conference included Professor Peter Cameron, CEPMLP and ICEA; Dr William Onorato, former legal advisor to the World Bank; Brandon Malone, Scottish Arbitration Centre and ICEA; Matteo Barra, Energy Charter Secretariat; Mark Appel, ICDR; Aleksander Kovacevic, Energy Community; Anthony Connerty, IDR Group; Peter Styles, Stratos European Policy Limited; Dr Marat Terterov, Brussels Energy Club; and Dr Daniel Behn, University of Oslo.
An afternoon round table discussion on the Yukos Case was led by Professor Loukas Mistelis, Queen Mary University London, with contributions from Professor A F M Maniruzzaman, University of Portsmouth; Dr Andrey Kotelnikov, Robert Gordon University; Alejandro I. Garcia, Winston & Strawn LLP; Ian Pryde; Explaining Eurasia; and Ana Stanic, E&A Law Limited.
The Scottish Arbitration Centre and CEPMLP work together on their joint project – the International Centre for Energy Arbitration (ICEA). Earlier this year, after months of consultation with the energy industry, the ICEA launched its Initial Report on Dispute Resolution in the Energy Sector. The report sets out the energy industry’s desired requirements for dispute resolution in the industry, with a view to establishing a set of bespoke energy arbitration rules. A copy of the report is available here: http://www.energyarbitration.org/icea-initial-report-on-dispute-resolution-in-the-energy-sector/.
In closing remarks, Professor Cameron said:
“I am grateful to the speakers and delegates who have attended this exciting conference, some who have come from very far away to be here. The discussions on the changing face of energy disputes and the interest in mediation as well as arbitration have been fascinating. The panel discussions on energy policy, particularly in the renewable energy sector, and the Yucos case have proved lively and informative. I would like to thank sponsors, speakers and delegates, and in particular the organising committee.”
Andrew Mackenzie, Chief Executive of the Scottish Arbitration Centre, said:
“The overwhelming interest we have had in this conference, and the high number of delegates from both within the UK and abroad, demonstrate that the energy sector is increasingly looking to arbitration as an effective means of resolving energy disputes. The international representation at the conference also speaks to the profile of Scotland as a leading jurisdiction on energy arbitration. The Centre would like to congratulate the CEPMLP student committee on organising a very successful event.”
82. Quarterly Newsletter October 2015
The Centre’s quarterly newsletter for October 2015 is available here
83. Scotland in another International Arbitration Guide
Scotland in another International Arbitration Guide
The Scottish Arbitration Centre has confirmed that Scotland has made it into another international arbitration publication.
Legal Publisher Chambers and Partners has released the first edition of the Chambers Practice Guide on International Arbitration, in collaboration with Paul Friedland from White and Case. The Chambers Guides have been ranking the best law firms and lawyers since 1990, and now cover 185 jurisdictions throughout the world.
Claire Oxborrow, Series Editor at Chambers and Partners, said:
“The guide offers unparalleled insight into International Arbitration in a range of jurisdictions across the world, including expert advice from lawyers ranked by Chambers and Partners on dispute resolution globally. We very pleased to include the Scotland chapter in the Guide, which has been contributed by Andrew Mackenzie, Chief Executive of the Scottish Arbitration Centre, and Brandon Malone, Chairman of the Board of the Centre.”
Andrew Mackenzie said:
“The Scottish Arbitration Centre is delighted to be involved in another international arbitration guide. We have also ensured that Scotland is recognised as an international arbitration jurisdiction in a number of other well-known publications, with Brandon Malone providing those chapters.”
84. Andrew Mackenzie appointed to RICS Dispute Resolution Appointments Board
Andrew Mackenzie, Chief Executive of the Scottish Arbitration Centre, has been appointed as the non-executive member of the newly formed RICS Dispute Resolution Appointments Board in Scotland.
The objective of the Board is to ensure there is independent oversight of all operational activities of the RICS Dispute Resolution Appointments Service in Scotland (DRS Scotland), including the Chairman’s panels of dispute resolvers.
The other members of the Board are:
- Ian McKee, FRICS (Chairman RICS Scotland, 2015-16)
- Archie Rintoul, FRICS (Senior Vice Chair RICS Scotland, 2015-16)
- Peter Haggarty, FRICS (Vice Chair RICS Scotland, 2015-16)
- Drew Oswald, FRICS
The Board will meet at least three times per annum and will convene its first meeting in September 2015. Annual performance of the appointments service and any policy developments will be reported by the board to the other DR world regions.
Sarah Speirs, Director of RICS in Scotland, said:
“The establishment of the Board follows the Allan Review, commissioned by Past Chairman of RICS in Scotland, Tom Barclay, which was a comprehensive review of all aspects of the DRS Scotland. It reported to RICS in Scotland Board in June 2014. The final principle-based Allan Review included a number of recommendations for strengthening and improving DRS Scotland, which the RICS in Scotland Board subsequently ratified for implementation. One of these recommendations was to establish an independent Dispute Resolution Appointments Board to oversee all operational activities of the DRS Scotland, bringing Scotland in line with other DRS world regions. RICS would like to take this opportunity to congratulate Andrew and all board members on their appointment.”
Andrew Mackenzie said:
“I am delighted to be appointed to as the non-executive member of the RICS Dispute Resolution Appointments Board in Scotland, and look forward to working with my fellow board members on this new independent board.”
85. Quarterly Newsletter July 2015
The Centre’s Quarterly Newsletter for July 2015 is available here.
86. Andrew Mackenzie appointed Officer of International Bar Association Committee
Andrew Mackenzie, Chief Executive of the Scottish Arbitration Centre, has been appointed Communications Officer for the International Bar Association Access to Justice and Legal Aid Committee.
The International Bar Association (IBA), established in 1947, is the world’s leading organisation of international legal practitioners, bar associations and law societies. The IBA influences the development of international law reform and shapes the future of the legal profession throughout the world. The Association has a membership of 55,000 individual lawyers and more than 190 bar associations and law societies spanning all continents, and has considerable experience in providing assistance to the global legal community.
The IBA Access to Justice and Legal Aid Committee gathers information from around the world on the barriers to access to justice in each jurisdiction and ways in which these barriers are overcome, publicising its findings with reports and events with a view to sharing and spreading good practice.
Mr Mackenzie, who is also Secretary General of the International Centre of Energy Arbitration, is a solicitor on secondment from the Scottish Government Justice Directorate. He said:
“I am delighted to have been selected by the IBA as Communications Officer for Access to Justice and Legal Aid Committee. In terms of access to justice, expectations, definitions and resources vary wildly from jurisdiction to jurisdiction. Therefore, the work of the Committee in exploring these differing approaches provides a valuable source of ideas and information for those jurisdictions struggling to maintain or improve access to justice, particularly in times of austerity.
The Scottish Arbitration Centre has worked with Scottish Government and other domestic bodies on access to justice policy, including Making Justice Work and the Digital Justice Strategy. I am particularly interested in the use of technology in providing better access to justice, such as use online dispute resolution platforms. The Committee works with other IBA Committees in developing joint activities and projects on access to justice, so there might be opportunities to collaborate with the IBA Arbitration Committee, which I am also a member of, and the IBA Mediation Committee.”
Commenting on the appointment, Brandon Malone, Chairman of the Board of the Centre, said:
“The Board congratulates Andrew on his appointment. Andrew and I have represented the Centre at a number of IBA conferences, and it is clear that one of the great strengths of the IBA is its global reach. We have had input into various access to justice projects in Scotland, and Andrew will now have the opportunity to work on international projects. This ensures that Scotland has a voice on this Committee, and is able to feed back to those here on access to justice and other initiatives elsewhere in the world.”
See below for further information.
87. The ICEA’s Initial Report on Dispute Resolution in the Energy Sector
88. ICEA launches Initial Report into Dispute Resolution in the Energy Sector
The International Centre for Energy Arbitration has launched its Initial Report on Dispute Resolution in the Energy Sector at the Global Forum on Dispute Resolution for Oil & Gas Industry in Amsterdam.
The International Centre for Energy Arbitration (ICEA) is a joint venture of the Scottish Arbitration Centre and the Centre for Energy, Petroleum and Mineral Law and Policy at the University of Dundee (CEPMLP). Work commenced on the project soon after the establishment of the Scottish Arbitration Centre in 2011, and the ICEA was officially launched by the then First Minister of Scotland, Alex Salmond MSP in October 2013. The object of the ICEA’s research is to identify dispute resolution preferences in the energy sector with a view to drafting dispute resolution rules tailored to the sector’s needs.
Launching the report, Prof. Peter Cameron, Co-Director of ICEA and Director of CEPMLP, said:
“The initial research phase has consisted of an online questionnaire, accompanied by debate and discussion with industry and professional figures at various events and conferences. The research has focused on the different types of dispute resolution process, and also optional features of particular kinds of dispute resolution process. The questionnaire covered initial dispute procedures such mandatory cooling off periods and mandatory high level negotiation and mandatory mediation, and whether there ought to be sanctions for failure to comply with such procedures. The focus then shifted to the choice of dispute procedure. We asked about parties’ priorities when selecting a dispute procedure and then asked parties to rank dispute procedures in order of preference. In the expectation that arbitration would be a popular choice, we looked at individual features of the arbitration process. Finally, we considered possible interfaces between traditional dispute resolution and online dispute resolution techniques.”
The Initial Report was launched at the Global Forum on Dispute Resolution for Oil & Gas Industry in Amsterdam. The Global Forum was hosted by Prospero Events Group, and speakers at the two day event included Asma Muttawa, General Legal Counsel at Organization of the Petroleum Exporting Countries (OPEC); Michelle MacPhee, Managing Counsel at BP; Alan Crain, Senior Vice President and Chief Legal and Governance Officer at Baker Hughes; and Marwan Al-Ashaal, Legal Manager at Kuwait Energy. Prof. Peter Cameron, Co-Director of ICEA, chaired day one of the Global Forum, and will also be speaker on day two along with Brandon Malone, Co-Director of the ICEA.
The launch of the Initial Report took place during the evening reception at the Global Forum, where Brandon Malone, who is also chairman of the Scottish Arbitration Centre, said:
“One of the main purposes of the initial stage of our research was to establish by means of a consultation with the consumers of arbitration themselves whether a specific set of dispute resolution rules and procedures for the energy sector are justified and necessary. Whilst it is debatable whether contracts in the energy sector are so different from other contracts that a specific dispute format is required, our preliminary view is that there are industry preferences on dispute resolution, at least within the oil and gas sector, and that these preferences are not adequately reflected in existing dispute resolution mechanisms; accordingly, an industry specific set of rules may be justified.”
Key findings in the Initial Report on Dispute Resolution in the Energy Sector include:
- Early dispute settlement
Strong support for early procedures to resolve disputes. Overall, respondents were against mandatory cooling off periods, albeit a narrow majority of in house counsel respondents were in favour. However, there was very strong support for mandatory high level negotiation, with over 80% of respondents in favour. A high number of respondents were in favour of sanctions for failure to comply with early dispute settlement procedures.
- Relative importance of procedural factors
The most important factor for parties when considering a dispute process is the expertise of the decision maker, closely followed by neutrality.
- Preferred dispute method
Arbitration by a clear margin, especially when hybrid arbitration processes are taken into account. However, mediation also ranked well. Very few respondents ranked litigation as their first choice. There was significant support for hybrid processes, such as med-arb and arbitration with a conciliation process.
- Factors when choosing a seat of arbitration
The single most important factor for most respondents was that the seat nation was a signatory of the New York Convention. The next most important first choice factor was the reputation of the local courts for probity.
- Importance of certain procedural rules
The ability to nominate arbitrators was the most important factor. This was followed closely by confidentiality. The least important factor to parties was the nationality of the arbitrators, suggesting that it is the seat, rather than the nationality of arbitrators which counts in the neutrality stakes.
- Confidentiality
Confidentiality was an important factor to respondents, with 80% of respondents favouring confidentiality in proceedings. Just under half of those favouring the kind of enhanced confidentiality and anonymity offered by certain jurisdictions.
- Tribunal fees
There was a clear preference in favour of fees being set by the administering institution.
- Hourly rate v Ad valorem
There was also a strong preference for fees being set on an hourly rate basis.
- Parallel Online Blind Bidding (POBB)
A sizeable minority responded positively to this proposition.
Andrew Mackenzie, Secretary General of the ICEA, said:
“We are delighted to be publishing our Initial Report on Dispute Resolution in the Energy Sector, and grateful to Prospero Events for hosting the launch at its Global Forum on Dispute Resolution for Oil & Gas Industry in Amsterdam. I would like to take this opportunity to thank all those working in the energy sector who completed our questionnaire, and those who have provided advice and support to us throughout the project. In the report we have outlined a set of dispute resolution principles based on our findings. In the next stage of our work, we will be seeking feedback on this report, our findings and our proposed dispute resolution principles for commercial disputes. Indeed, we welcome any comments.”
Contact
Andrew Mackenzie, Secretary General of ICEA
secgen@energyarbitration.org
Left to right: Brandon Malone, Co-Director of the ICEA; Professor Peter Cameron, Co-Director of the ICEA; and Andrew Mackenzie, Secretary General of the ICEA
89. Scottish Arbitration Centre reports on latest meeting of group established to promote Scottish legal and dispute resolution services
Andrew Mackenzie, Chief Executive of the Scottish Arbitration Centre has reported on the latest meeting of the group established to promote Scottish legal and dispute resolution services.
The group brings together representatives of the legal profession, the alternative dispute resolution sector, government, business organisations, and international agencies. The following bodies are currently represented on the group:
- Faculty of Advocates
- Law Society of Scotland
- Office of the Advocate General (UK Government)
- Scottish Arbitration Centre
- Scottish Council for Development & Industry (SCDI)
- Scottish Development International (SDI)
- Scottish Financial Enterprise (SFE)
- Scottish Government Justice Department
- UK Ministry of Justice
- UK Trade & Investment (UKTI)
- VisitScotland
The group meets quarterly, and has started sharing information on opportunities for such promotion and agreeing core messages. This will result in a more strategic approach and maximise awareness of the opportunities with the aim of putting forward a consistent and strong message about the profession and about Scotland as a place for dispute resolution. The group has already provided Scottish material for use by different agencies in promoting Scottish and UK legal and dispute resolution services internationally.
The group met on 22 April, where discussions included the importance of the group in ensuring a Scottish presence at the Global Law Summit in London in February, where sessions were led by the Scottish Arbitration Centre, the Faculty of Advocates, and the Law Society of Scotland. These bodies also reflected on their involvement in the recent Commonwealth Law Conference in Glasgow.
The Scottish Arbitration Centre updated the group on its recent international promotion, which included the hosting of a visit of the Lord Mayor of London, where members of the group were able to provide the Lord Mayor with messaging on the promotion of Scottish legal and dispute resolution services for his international trade missions. The Centre also reported on its attendance at the IBA Arbitration Day and being short-listed for up and coming international arbitration institution of the year; its hosting of a four nation arbitration debate, with speakers from Dublin, London and Paris; and its Scottish arbitration event at the Vis Moot.
Andrew Mackenzie said:
“The Scottish Arbitration Centre is delighted to be very much at the heart of this group, which has already seen an unprecedented level of cooperation and partnership in the promotion internationally of Scottish legal and dispute resolution services. We will keep our members updated on matters discussed at these meetings and, for those in Scotland, relevant international events and trade missions. It is important that these key bodies work together to ensure that Scotland maximises the international opportunities to promote these services, and Scotland as a seat and venue for international arbitration.”
90. Arbitration focus at Commonwealth Law Conference in Glasgow
The final day of the Commonwealth Law Conference in Glasgow included a fascinating session on arbitration. The discussion was chaired by Brandon Malone, Chairman of the Scottish Arbitration Centre, and included presentations from Oyinkan Badejo-Okusanya, General Counsel to the Governor of Lagos State; Shreyas Jayasimha, Aarna Law, Bangalore; and Edward Fashole-Luke II, Luke and Associates, Botswana.
The 19th Commonwealth Law Conference was held in Glasgow from 12-16 April and brought together over six hundred delegates from the 52 Commonwealth countries. Keynote speakers included Lord Gill, Lord President and Lord Justice General of Scotland; Hina Jilani, advocate of the Supreme Court of Pakistan and human rights activist; Dame Silvia Cartwright, New Zealand jurist and former Governor General of New Zealand; and the Hon Michael Kirby AC CMG, former justice of the High Court of Australia.
The Scottish Arbitration Centre also hosted a reception in Glasgow during the conference for speakers and delegates attending. The reception was held the Royal Faculty of Procurators in Nelson Mandela Place in Glasgow, and supported by the Scottish Government. Andrew Mackenzie, Chief Executive of the Centre, welcomed guests, before John Mackenzie, Chief Executive of the Royal Faculty of Procurators Glasgow, said a few words. Sir David Edward QC, Honorary President of the Centre and former judge of the European Court of Justice, made the keynote address, emphasising Scotland’s arbitration offering to the Commonwealth and praising the work of the Centre. Brandon Malone, Chairman of the Centre, then spoke of the Centre’s recent work and achievements.
Andrew Mackenzie, Chief Executive of the Centre, said:
“The Scottish Arbitration Centre was delighted to be involved in the Commonwealth Law Conference in Glasgow, and welcomed the opportunity to discuss the benefits of Scottish arbitration with our friends from around the Commonwealth. In hosting the conference, Scotland was able to showcase not only its legal expertise, but its attractiveness as a venue to much of the international community.”
Photo: Sir David Edward QC, Honorary President of the Scottish Arbitration Centre, speaks on behalf of the Centre at its reception during the Commonwealth Law Conference in Glasgow.
91. Scottish Arbitration Centre to provide administrative services to new statutory body
The Scottish Arbitration Centre has agreed to provide administrative services to the new School Closures Review Panels.
School closure proposals from local authorities that have been called in under the Schools (Consultation) (Scotland) Act 2010 are currently determined by the Scottish Ministers, who review whether or not the statutory obligations have been met and determine the school closure. Amendments made by the Children and Young People (Scotland) Act 2014 will change that process so that school closure proposals that are called in by Scottish Ministers will be referred to the Convener of the School Closure Review Panels. The Convener will be required to constitute a School Closure Review Panel to determine each individual case. So, from 30 March, panels of three, drawn from the eleven members, will be responsible for determining reviews of school closure decisions in Scotland.
Iain Nisbet, the Convener of School Closure Review Panels, was appointed in January. Mr Nisbet is the Head of Education Law at Govan Law Centre, where he advises and provides training for parents, schools and education authorities on all aspects of education law. Last week he announced the names of eleven members of the Panel. They are Dr Charles Bestwick; Russell Ellerby; Professor Donald Gillies; Helen McGhee; Forbes Mitchell; Alex Nicoll; Patricia Susan Quigley; Dr Catriona Waddington; Sally Wainwright; Lesley Ward; and Justin Willey.
Andrew Mackenzie, Chief Executive of the Centre, said:
“We look forward to working with the Convener and the Panels, which have been created to enhance and strengthen the process of local authority school closures in Scotland. Providing administrative services to the Convener and the Panels will also allow the Centre to develop possible models for the provision of such services for disputes in the future. Furthermore, taking on this work means additional resources for the Centre. In addition to Kate Murphy, who replaced Charlotte Lelong in August, we welcomed Marius Nåvik to the team in January. Katie Hislop has also been seconded from the Scottish Government for a limited period to assist with this new work.”
92. Quarterly Newsletter, March 2015
The Quarterly Newsletter can be accessed here.
93. Scottish Arbitration Centre Chairman appointed to panel of international arbitrators
Scottish Arbitration Centre Chairman appointed to panel of international arbitrators
Scottish Arbitration Centre Chairman, Brandon Malone, has been invited to join the panel of arbitrators of the International Centre for Dispute Resolution. Based in New York, and providing conflict management services in more than 80 countries around the world, the ICDR is the global component of the American Arbitration Association.
Commenting on Mr Malone’s admission to the ICDR panel of arbitrators, the Centre’s Chief Executive, Andrew Mackenzie, said:
“The Centre congratulates Brandon on being invited to join the ICDR panel. This appointment highlights the opportunities that exist for Scottish practitioners in the field of international arbitration, and coming hard on the heels of the Centre’s nomination for an award by Global Arbitration Review, it underscores the growing profile and reputation that Scotland is developing on the world stage.”
See www.icdr.org for further information.
94. Scottish Arbitration Centre shortlisted for international award
The Scottish Arbitration was shortlisted for the award of up-and-coming regional arbitration institution of the year by Global Arbitration Review. The shortlist was announced at the 5th Annual GAR Awards Ceremony, sponsored by Deloitte, in Washington DC on 25 February.
The Centre was recognised for achievements including the opening of its new hearing centre in Edinburgh and its proposal to develop bespoke arbitration rules for energy disputes.
The LCIA-MIAC Arbitration Centre in Mauritius was announced as the winner of the award. Other shortlisted institutions were the Beijing Arbitration Commission; the Centre of Arbitration and Mediation of the Brazil-Canada Chamber of Commerce in Rio de Janeiro; the German Institution of Arbitration; the Kuala Lumpur Regional Centre for Arbitration; and the Netherlands Arbitration Institution.
The ceremony also saw White & Case being presented with the much sought after top spot of the GAR30 law firms, and a lifetime achievement award for the Honourable Charles N. Bower.
Andrew Mackenzie, Chief Executive of the Centre, said:
“It is a great honour for the Centre to be recognised by Global Arbitration Review at its prestigious award ceremony. We were up there with some larger institutions, such as the Kuala Lumpur Regional Centre for Arbitration and, of course, the winners, LCIA-MIAC. This nomination is recognition from the international community of our work, which is putting Scotland firmly on the international arbitration map.”
Left to right: Brandon Malone, Chairman of the Scottish Arbitration Centre; Professor Pieter Bekker of CMS Cameron McKenna and ICEA partner CEPMLP; Andrew Mackenzie, Chief Executive of the Scottish Arbitration Centre; and Philippa Charles, Head of international arbitration at Stewarts Law.
95. Scotland hosts energy law session at Global Law Summit
Scotland has hosted an energy session at the Global Law Summit. The Global Law Summit, held over three days in London from 23 February until 25 February to mark 800 years since the sealing of the Magna Carta, brought together over two thousand delegates from law firms, governments and businesses, as well as in-house counsel and legal academics from around the world. Keynote speakers at the Summit included Boris Johnson, Mayor of London; Ban Ki-moon, Secretary-General United Nations; the Rt Hon Jeremy Wright QC MP; and Sir David Wootton, Co-Chair of the Global Law Summit.
The Scottish energy session, held yesterday afternoon at the Queen Elizabeth II Conference Centre in London, focussed on dispute resolution in the energy sector, and the implications for the industry in light of the rapidly falling oil price. Speakers at the session included Penelope Warne, Senior Partner and Head of Energy at CMS Cameron McKenna, Brandon Malone, Chairman of the Scottish Arbitration Centre and Co-Director of the ICEA, and Professor Peter Cameron, Co-director of the ICEA and Director of the Centre for Energy, Petroleum, Mineral Law and Policy at the University of Dundee. The session was coordinated by Andrew Mackenzie, Chief Executive of the Scottish Arbitration Centre, on behalf of the Law Society of Scotland.
The International Centre for Energy Arbitration (ICEA) was opened in 2013 by former First Minister Alex Salmond MSP. In 2014, the Centre commenced a survey of relevant professionals within the energy sector to identify current trends and desired requirements in respect of dispute resolution within the industry. The results of the consultation are being analysed and a report setting out the findings of this survey is due to be published later this year, with a view to establishing bespoke energy arbitration rules.
Brandon Malone, Chairman of the Scottish Arbitration Centre and Co-director of the ICEA said:
“The fall in the oil price appears to be causing increased disputes in a number of areas of the sector as pressure on budgets mounts. Client and advisors need to plan ahead and cater for disputes, so as to minimise the damage caused. Arbitration in Scotland offers a lower cost, zero publicity option, with restricted rights of appeal, which may help mitigate the damaging effects of a dispute in terms of lost management time, expense, and damage to reputation.”
Andrew Mackenzie, Chief Executive of the Scottish Arbitration Centre and Secretary General of the ICEA said:
“The Scottish Arbitration Centre and ICEA had a prestigious platform at the Global Law Summit to discuss key issues in energy law, including the implications for dispute resolution, and to showcase Scottish expertise. We want to see Scotland as the destination for energy dispute resolution.”
Left to right: Brandon Malone (Chairman of the Scottish Arbitration Centre, and Co-director of the ICEA), Penelope Warne (Senior Partner and Head of Energy at CMS Cameron McKenna), and Professor Peter Cameron (Co-director ICEA and Director CEPMLP)
96. Quarterly Newsletter December 2014
97. Scottish Arbitration Centre unveils formal arbitral appointment system
The Scottish Arbitration Centre has unveiled its formal arbitral appointment system, the details of its expanded independent Arbitral Appointments Committee, and the members who will chair the Committee’s Domestic and International Sub-Committees.
The Centre has published its Directions and Guidance in relation to arbitral appointments by its Committee. It has also produced forms to assist the process, including the Application for the Appointment of an Arbitration Form. When parties specify that the Centre is to appoint an arbitrator to deal with their dispute, the selection of an arbitrator is made by its Committee. The Committee will act independently from the Board of the Centre. The Centre does not maintain a list or panel of arbitrators, so the Committee has complete discretion to choose a suitable arbitrator for the dispute from the leading domestic (Scottish) and international arbitrators. The Directions and Guidance and related form can be found here.
In addition to the current members of the Committee (Juliet Blanch (Partner, Weil, Gotshal & Manges, London); David Carrick (Senior Vice President, Hill International, Edinburgh); Sandra Cassels (Partner, Brechin Tindal Oatts, Edinburgh); Vincent Connor (Partner, Pinsent Masons, Hong Kong); Thomas Halket (Partner, Halket Weitz, New York); Kaj Hobér (Partner, Mannheimer Swartling, Stockholm); Elie Kleiman (Partner, Freshfields, Paris); Lindy Patterson QC (Partner, CMS Cameron McKenna, Edinburgh); and James Wollfe QC (Axiom Advocates, Edinburgh)), new members are Olufunke Adekoya SAN (Partner, ǼLEX, Nigeria); Eliana Biraldi (Partner, De Vivo, Whitaker & Castro, Brazil); Joyce Cullen (Partner, Brodies, Edinburgh); and Alice Leggat (Legal Manager, SSE, Perth). Further details on the Committee members can be found here.
James Wolffe QC (Axiom Advocates, Edinburgh) will chair the Domestic Sub-Committee and Juliet Blanch (Partner, Weil, Gotshal & Manges, London) will chair the International Sub-Committee.
Brandon Malone, Chairman of the Centre, said:
“With our new formal arbitral appointment system, public bodies and commercial organisations can rest assured that when they ask the Centre to appoint an arbitrator, they will get the most suitable arbitrator for the job. Along with the commercial advantages of Scottish arbitration which include confidentiality, pragmatism, and restricted appeal procedure, this is another strong reason for Scottish and international businesses to use Scottish arbitration and the Centre as an appointing body.”
Andrew Mackenzie, Chief Executive of the Centre, said:
“The Centre has drawn on the huge domestic and international goodwill it enjoys, to assemble a now expanded independent Arbitral Appointments Committee with global awareness and impeccable credentials. I am particularly delighted to welcome more women to our Committee, as the international arbitration community has been discussing the prospect of making arbitration more diverse and inclusive. With our expert Committee and new formal arbitral appointment system, the Centre is well placed to make ad hoc appointments in both domestic and international arbitrations.”
Contact
Andrew Mackenzie
Chief Executive
Scottish Arbitration Centre
125 Princes Street (Floor 3)
Edinburgh EH2 4AD
Tel: 01312264686
Email: chiefexec@scottisharbitrationcentre-org.stackstaging.com