APRAG Newsletter - December 2007

29 December 2007 - With the support of the member organisations, the Asia Pacific Regional Arbitration Group ("APRAG") is pleased to announce that the December 2007 issue of APRAG Newsletter has been published. This issue provides you with updates of the latest updates of the APRAG and international arbitration highlights; as well as news items from various member organisations including Australian Centre for International Commercial Arbitration, Chartered Institute of Arbitrators (East Asia Branch), Hong Kong Institute of Arbitrators, Hong Kong International Arbitration Centre, ICC Asia, Indonesian National Board of Arbitration, Japan Commercial Arbitration Association, and Mongolian Chamber of Commerce and Industry.

Please click here to view the newsletter.

Forty-seventh Session of the UNCITRAL Working Group II (Arbitration) - Vienna,
10-14 September 2007

18 October 2007 - The Forty-seventh Session of the UNCITRAL Working Group II (Arbitration) was held in Vienna on 10-14 October 2007. APRAG was represented by Dr. Croft SC. APRAG members are invited to provide views and comments on the issues on the report.

Please click here for the report by Dr. Croft SC in relation to the discussions of the Working Group.

IAMA Calls for Presentations at "ADR: The Boom and Beyond"

6 August 2007 - The Institute of Arbitrators & Mediators Australia ("IAMA") will host a national conference titled "ADR: The Boom and Beyond" on 11-13 April 2008 in Australia which attracts leading ADR practitioners, academics and industry participants from across Australia and around the world. The conference will focus on the ability of ADR to meet the challenges in Australia and how ADR professionals can best meet the needs of consumers of alternative dispute resolution services in the boom environment.

IAMA is now calling for presentations addressing these issues. They may take any form including papers, workshops, interactive sessions and/or panel discussions.

Please click here for further details in relation to the conference. For enquiries, please contact the IAMA National Office by email <national@iama.org.au>.

APRAG Newsletter - July 2007

With the support of the member organisations, the Asia Pacific Regional Arbitration Group ("APRAG") is pleased to announce that the first issue of APRAG Newsletter has been published. The first issue provides you with updates of the latest APRAG highlights as well as news items from various member organisations including Australian Centre for International Commercial Arbitration, Chartered Institute of Arbitrators (East Asia Branch), Dubai International Arbitration Centre, Hong Kong International Arbitration Centre, Indonesian National Board of Arbitration, Japan Commercial Arbitration Association, Mongolian Chamber of Commerce and Industry, and Singapore International Arbitration Centre.

Please click here to view the newsletter.

Welcome to the New Members

APRAG is pleased to announce that the FICCI Arbitration and Conciliation Tribunal ("FACT"), and the Singapore Institute of Arbitrators ("SIArb") joined APRAG with effect from 30 May 2007.  These important organisations bring significant depth and diversity of experience to the group.  APRAG members look forward to working closely with these organisations to improve and promote arbitration and ADR in the region.

Forty-sixth Session of the UNCITRAL Working Group II (Arbitration) - New York, 5-9 February 2007

The Forty-sixth Session of the UNCITRAL Working Group II (Arbitration) was held in New York on 5-9 February 2007. APRAG was represented by Dr. Croft. The Commission agreed that the Working Group should undertake work on the question of revising the UNCITRAL Arbitration Rules. It was also agreed that the issue of arbitrability was a topic that the Working Group should also consider. APRAG members are invited to provide views and comments on the issues on the report.

Please click here for the report by Dr. Croft in relation to the discussions of the Working Group.

Asia Pacific Regional Arbitration Group Conference - Hong Kong, 3-5 December 2006

The Asia Pacific Regional Arbitration Group ('APRAG') held its second biannual conference from 3-5 December 2006 at the Four Seasons Hotel, Hong Kong.  The conference was hosted by the Hong Kong International Arbitration Centre ('HKIAC').

The first day of the conference addressed such issues as the characteristics of good and bad arbitrators, the enforcement of arbitral awards in non common law countries, the benefits of arbitration in Hong Kong, the cost of arbitration under different institutional rules and updates on institutions within the region.  The day also featured an opening address by the Hon Mr Justice Robert Tang of the Hong Kong Court of Appeal, a lunchtime address by Professor Pierre Tercier of the ICC Court of Arbitration and a dinner speech by the Rt Hon Lord Peter Millett.

Day two covered various issues relating to arbitration in construction projects and addressed the role of the courts in supporting arbitration.  A highlight was the discussion of the management of costs in arbitration, where in-house counsel, external counsel, an arbitrator and an expert all gave their perspectives on ways in which the costs of arbitration can be reduced.  The day also featured a lunchtime address by the Hon Mr Wong Yan Lung SC, Secretary for Justice of the Government of HKSAR.  The day concluded with a question and answer session in which delegates were given the chance to ask questions and make comments on the issues discussed over the previous two days.

The conference was well attended by representatives from throughout the region, including Mr Neil Kaplan from HKIAC, Mr Yu Jianlong from CIETAC, Prof Michael Pryles from ACICA, Dr Michael Moser from O'Melveny & Myers LLP, Mr Michael Hwang SC, Prof Lawrence Boo from SIAC, Mr Jingzhou Tao from DLA Piper, Ms Kelly Austin from General Electric International Inc and Mr Charles Beach from Exxon Mobil Corporation. 

All up the conference was a huge success, attended by over 250 delegates from around the globe.  Credit must go to Philip Yang, Christopher To and all the staff at HKIAC for managing such a successful event.

Expansion of APRAG Membership

APRAG is pleased to announce that the Hong Kong Institute of Arbitrators (HKIArb), the Western Australian Institute of Dispute Management (WAIDM) and the Dubai International Arbitration Centre (DIAC) joined APRAG at the General Meeting on 3 December 2006.  These important organisations bring significant depth and diversity of experience to the group.  APRAG members look forward to working closely and productively with these organisations to improve and promote of arbitration in the region.

New APRAG Executive

APRAG is also pleased to announce that Mr Philip Yang was elected as its new President at the APRAG General Meeting on 3 December 2006.  Mr Yang is the Chairman of Hong Kong International Arbitration Centre (“HKIAC”) and a full time commercial / maritime arbitrator. 

Furthermore, at the Meeting it was decided to expand the APRAG Executive Committee in line with APRAG's growing membership.  As such APRAG is pleased to announce the addition of five new committee members: Mr Shishir Dholakia, Ms Wang Hongsong, Mr Yu Jianlong, Dr Michael Moser and Mr Kosuke Yamamoto.

As a result the current APRAG Executive Committee is comprised of:

Forty-fifth Session of the UNCITRAL Working Group II (Arbitration) - Vienna, 11-15 September 2006

At its thirty-ninth session (New York, 19 June - 7 July 2006), the United Nations Commission on International Trade Law ("UNCITRAL") agreed that, in respect of future work of Working Group II (Arbitration), priority be given to a revision of the UNCITRAL Arbitration Rules (1976) (“the UNCITRAL Rules”).

In September 2006 the Working Group met in Vienna to identify areas in which the UNCITRAL Rules could possibly be revised.  APRAG was represented by Dr Clyde Croft SC.  This preliminary review was done to allow the UNCITRAL Secretariat to prepare for the first tentative draft of revised UNCITRAL Rules for subsequent sessions.

A report by Dr Croft on the discussions of the Working Group can be found here.

Decision of Malaysian Court of Appeal in Sri Lanka Cricket v World Sports Nimbus

The recent Malaysian case of Sri Lanka Cricket v World Sports Nimbus Pte Ltd [2006] 3 MLJ 117 highlights potential difficulties with enforcement of foreign arbitral awards in Malaysia under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 ("the Convention").  

Malaysia is a party to the Convention and has implemented the Convention in the Malaysian New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards Act 1985 ("New York Convention Act").  Section 2(2) of the New York Convention Act provides that "the Yang Di-Pertuan Agong may, by order in the Gazette, declare that any State in the order is a party to the New York Convention, and that order shall, while in force, be conclusive evidence that that State is a party to the said Convention".

This case concerned an application for enforcement of an arbitral award rendered in Singapore.  Here the Court of Appeal held that, because Malaysia has made the reciprocal reservation, and Singapore's accession to the Convention was not notified in the Gazette, the Convention could not be applied to enforcement of the award.  Rather, enforcement would have to be sought at common law, or by registering the award as a judgment in the Singapore High Court and seeking enforcement as a foreign judgment.

This decision is currently being appealed.  Further it should be noted that the New York Convention Act has been replaced by the Arbitration Act 2005.  As the Arbitration Act 2005 does not contain the requirement of notification in the Gazette, this problem is unlikely to arise in the future. 

Decision of Supreme Judicial Court of Massachusetts in Superadio

In Superadio Limited Partnership v Winstar Radio Productions LLC, (28 March 2006) the Supreme Judicial Court of Massachusetts held that an award would not be set aside where counsel representing a party in the arbitration arguably was engaged in the unauthorised practice of law in that State.

In the arbitration, one of the parties was represented by an attorney who was not licensed to practise in Massachusetts, which was the seat of the arbitration. Unfortunately the Court did not address the issue of whether an out-of-State attorney's representation of a party at a Massachusetts proceeding constituted the unauthorised practice of law. However it did conclude that, even assuming that the representation might constitute the unauthorised practice of law, the conduct would not provide a basis to vacate the award. Greaney J delivering the majority judgment stated that this was because under the General Laws of Massachusetts c. 251, § 12 (a) (1), "absent fraud, [corruption, or other undue means,] errors of law or fact are not sufficient grounds to set aside an award" (at [2]).

The full text of the judgment can be found here.

Foreign Arbitrators in the Philippines

In recent years a number of foreign arbitrators sitting in the Philippines have been challenged.  The basis of the challenge is that the arbitrators are engaging in the practice of law, in breach of Philippine law.  A recent decision of the Regional Trial Court of Makati City holds that foreign arbitrators sitting in the Philippines do not breach Philippine law: Equitable PCI Bank v RCBC Capital Corporation, 10 March 2006.  The court noted that the arbitration before it was being conducted under the domestic arbitration law under Republic Act 876.  This does not require that arbitrators be lawyers or members of the Integrated Bar of the Philippines.  It follows that arbitrators are not practising law.  In the case of an international arbitration the court noted that section 22 of the law provided that a party may be represented by any person of its choice.

UNCITRAL Working Group

One of APRAG's functions is to improve standards and knowledge of international arbitration and to make submissions on behalf of the region to national and international organisations. As part of achieving this APRAG sent Dr Clyde Croft SC of the Australian Centre for International Commercial Arbitration as its representative to recent sessions of the UNCITRAL Working Group on Arbitration and Conciliation. A report prepared by Dr Croft can be found here.

Guide to Dispute Resolution in Asia

Herbert Smith Hong Kong has released the 2006 edition of the "Guide to Dispute Resolution in Asia". This publication provides corporate counsel and business clients with an overview of the principles and procedures governing dispute resolution in key jurisdictions across the region. Now in its fourth year, the Guide has expanded to include Cambodia in addition to 13 other jurisdictions in Asia. There is also a new section addressing the permissibility of contingency or conditional fee arrangements. The Guide represents the combined efforts of Herbert Smith's litigation partners together with contributions from a number of well respected law firms in the region. It can be found here.

Asian-European Business Disputes Conference - "Arbitration in Switzerland"

The APRAG Regional Conference will be followed by the Asian-European Business Disputes Conference - "Arbitration in Switzerland".  The Conference is being hosted by the Hong Kong International Arbitration Centre (HKIAC) in conjunction with the Swiss Arbitration Association (SAA) and the Singapore International Arbitration Centre (SIAC), with the support of the Swiss Chamber of Commerce in Hong Kong.

The Conference will be held on Wednesday 6 December 2006 from 2 - 5:30 pm at the premises of HKIAC.  The Conference will cover such issues as Switzerland's role in arbitration and the arbitration rules used in Switzerland.  Registration for the conference is free.

The Conference flyer can be found here.

For more information contact Esther Lai at HKIAC.

APRAG Regional Conference, Hong Kong 3-5 December 2006

The Hong Kong International Arbitration Centre (HKIAC) is hosting the Asia Pacific Regional Arbitration Group Conference 2006 from 3-5 December at the Four Seasons Hotel Hong Kong. The Conference will cover such issues as recent developments within the region, the management of costs in arbitration and the court's support to arbitration.The Conference Flyer can be found here.

For further information, contact HKIAC:

• Esther Lai, esther@hkiac.org

• http://www.hkiac.org/HKIAC/pdf/Events/Aprag/hkiac.html

APRAG Members Meeting, Hong Kong 3 December

The Second Bi-Annual Meeting of APRAG Members will take place on 3 December 2006 at 4:00 pm.  The meeting will be held at the premises of the Hong Kong International Arbitration Centre, 38th Floor, Two Exchange Square, Central, Hong Kong, SAR.

At the meeting a new executive will be appointed and applications from prospective members will be considered.

23rd AAA/ICC/ICSID Joint Colloquium on International Arbitration

On 17 November 2006, the International Centre for the Settlement of Investment Disputes (ICSID) will host the 23rd Joint Colloquium on International Arbitration. The event is co-sponsored by the American Arbitration Association (AAA), the International Court of Arbitration of the International Chamber of Commerce (ICC) and ICSID.

The panel discussions will focus on recent developments at the three institutions; production of documents and other evidentiary issues; new challenges regarding confidentiality; and selected substantive issues arising from arbitration involving State parties. During the luncheon session, a panel will take questions and observations from colloquium participants, enabling an interactive discussion on current issues in international arbitration.

For more information, please visit the conference website which can be found here.

The conference flyer can be found here.

Symposium on International Commercial Arbitration presented by the LCIA and ICSID

The London Court of International Arbitration (LCIA) will be holding its latest symposium on 18 November 2006.  The symposium is being presented in cooperation with ICSID and immediately follows the AAA/ICC/ICSID 23rd Joint Colloquium on International Arbitration.  The symposium is based around current issues of key interest in the field, proposed in advance by delegates and keenly debated from the floor, under the expert guidance of well-known co-chairs.  There are no set talks.

Delegates who also attend the AAA/ICC/ICSID Colloquium will have an opportunity to continue the debate on themes arising at that event.

If you wish to attend please complete the registration form (available from the LCIA website) and send by fax to Irene Bates at the LCIA +44 (0) 20 7936 7009.  Numbers will be restricted to preserve the effectiveness of the symposium format so early registration is recommended.

For more information, please visit the LCIA website: www.lcia.org

The conference flyer can be found here.

Cross-border Disputes Conference in Malaysia

On 31 March and 1 April the Malaysian branch of the Chartered Institute of Arbitrators is holding an international conference on cross-border disputes in Kuala Lumpur. A topical and interesting set of issues will be addressed by a distinguished list of speakers. The main sponsor, Malaysian Airlines, has arranged for attractive flight rates as well as holiday packages in Malaysia and the region. Further information can be found here.

AFIA Symposium

On Saturday 1 April the Australasian Forum for International Arbitration (AFIA) is holding a symposium in Hong Kong. The symposium is free of charge and is intended to offer exposure to the field of international arbitration for younger practitioners. It is held in an informal atmosphere and involves discussion in a round table format based on questions provided by participants prior to the event. Anyone interested in international arbitration is encouraged to attend. Further information can be found here.

2006 APRAG Conference

APRAG is pleased to advise that its 2006 conference will be hosted by the Hong Kong International Arbitration Centre from 3 - 5 December. More details will be provided in due course.

ICC / HKIAC Symposium

On Monday 27 March 2006 the International Chamber of Commerce and the Hong Kong International Arbitration Centre are jointly holding a symposium at the Ritz-Carlton in Hong Kong on “Institutional Arbitration - an effective method of resolving International Commercial Disputes”. The program can be found here. Further details will be provided shortly.

SIAC Conference

On 22 - 23 September, the Singapore International Arbitration Centre will be hosting the Asian leg of UNCITRAL's world celebratory conferences on the Convention on Contracts for the International Sale of Goods and the Model Law on International Commercial Arbitration. Further information about the conference can be found here.

HKIAC Conference

On Thursday 15 September the Hong Kong International Arbitration Centre, in conjunction with the Hong Kong Corporate Counsel Association, will be holding a one-day conference on arbitration and other forms of alternative dispute resolution. Details can be found here.

Further Expansion of APRAG Membership

APRAG continues to grow. Membership applications have been accepted from the Chartered Institute of Arbitrators (East Asia) and the Institute of Arbitrators and Mediators Australia. APRAG welcomes these prestigious and highly experienced organisations to the group. The continuing growth of APRAG is a reflection of the strong desire that arbitration organisations in Asia and Australasia have to improve and promote arbitration in the region.

APRAG Panel of Arbitrators

APRAG is currently compiling an APRAG Panel of Arbitrators. Once finalised, members of the panel will be published on this website. Further information about the panel and criteria for entry can be found here.

SIAC to co-host arbitration symposium

On 18 and 19 February 2005 the Singapore International Arbitration Centre, together with the ICC International Court of Arbitration, will host an international symposium on institutional arbitration in Asia. The symposium will be an excellent opportunity to witness and be involved with distinguished arbitrators' and practitioners' discussions on current issues in institutional arbitration. For more information visit the SIAC website, www.siac.org.sg

Expansion of APRAG membership

APRAG is pleased to announce that the Japan Commercial Arbitration Association (JCAA) and the India Council of Arbitration (ICA) have recently become APRAG members. These important organisations bring significant depth and diversity of experience to the group. APRAG members look forward to working closely and productively with these organisations to improve and promote of arbitration in the region.

KLRCA Arbitration Talks

The Kuala Lumpur Regional Centre for Arbitration has organised a series of evening arbitration talks, two of which are jointly-organized with the Malaysian Institute of Arbitrators and one of which is supported by the Chartered Institute of Arbitrators (Malaysia Branch), the Malaysian Institute of Arbitrators and the Institution of Surveyors Malaysia. They will be held on 11 February (led by Mr. Sundaresh Menon), 16 February 2006 (Mr. David Rivkin), 21 February (led by the Rt. Hon. Lord David Hacking) and 22 February (led by Mr. Niall Lawless). For more information please visit http://www.rcakl.org.my

IBA International Arbitration Day

On 17 February 2006 the IBA is holding its 9th International Arbitration Day Conference. Topics that will be discussed include Keeping Arbitrations on Track, Legitimate Procedures and Delay Tactics, Enforcement Issues in Asia and The Way Forward in Arbitration. Further information can be found here.

Leading Arbitrators' Symposium

On 16 February 2006 Juris Conferences LLC is presenting its first annual symposium on the conduct of international arbitrations in Asia. Leading international arbitrators and practitioners, from Asia, North America and Europe will discuss, in Socratic form, four topics of importance to lawyers, arbitrators and businessmen who are involved in the resolution of international commercial disputes through arbitration. The subjects that will be taken up will be of importance to persons interested in how international arbitrations can be effectively and fairly conducted. Learn about discovery in international arbitration, advocacy in international arbitration, presentation of evidence, and management of arbitral proceedings. Further information can be found here.

APRAG Conference 2006

APRAG is delighted to announce that the Hong Kong International Arbitration Centre (HKIAC) will host the 2006 APRAG Conference. The conference will focus on issues pertaining to international arbitration in the Asia Pacific region. It is expected to be held in late 2006 and to be one of next year's important conferences on international dispute resolution. More details to follow.

Kluwer Law International

APRAG is pleased to advise that it has recently formed a sponsorship arrangement with Kluwer Law International (KLI). APRAG is proud to be associated in this way with the world's premier publisher of international legal materials.

ACICA Arbitration Rules

On 12 July the new Arbitration Rules of the Australian Centre for International Commercial Arbitration (ACICA Arbitration Rules) came into force. These rules are based on the UNCITRAL Arbitration Rules but have been updated and refined and contain various innovative provisions. The new rules may be found here.

International Arbitration in South America

Many in Asia and Australasia know little about international arbitration in South America. Marcos Van Rafelghem, an Argentinean lawyer who is undertaking a Master of Business Law in Australia, has written a brief report giving an overview of international arbitration regimes in South America. He has kindly provided his report to APRAG. It can be found here.

CIETAC Arbitration Rules

On May 1 the new Arbitration Rules of the China International Economic and Trade Arbitration Commission (CIETAC) came into force. The new CIETAC Rules contain many improvements, including greater flexibility in appointing foreign arbitrators and organising arbitral proceedings. The new Rules may be downloaded from the CIETAC website.

New Asian International Arbitration Journal

The inaugural edition of a new journal, The Asian International Arbitration Journal, is expected mid-year. The journal is an initiative of the Singapore International Arbitration Centre and the Singapore Institute of Arbitrators. The general editors are Professor Michael Pryles and Philip Chan and the publisher is Kluwer Law International. APRAG is delighted with the creation of this journal as it aims to deal with international arbitration from an Asian focus. We look forward to the increased debate and awareness of regional international arbitration issues that it will provide.

Further information about the journal can be obtained from Ms Sabiha Shiraz at sabihashiraz@siac.org.sg

Revision to KCAB Arbitration Rules & Administrative Regulations

Korean Commercial Arbitration Board (KCAB) recently revised its Arbitration Rules and Administrative Regulations. Major changes include an increase in arbitrators' allowances and remuneration for the preparation of awards. For detailed information please feel free to contact the KCAB.

Beijing Arbitration Commission and ICC Asia become members

APRAG is very pleased to announce that the Beijing Arbitration Commission and ICC Asia have recently become members. APRAG is delighted with the depth of experience and the spirit of co-operation that these organizations bring to the group. APRAG now has 21 members, as well as two further membership applications currently under consideration.