Third South Pacific International Arbitration Conference: De-Risking Investment in the South Pacific Through a World Class International Arbitration Disputes Regime
To raise awareness and discuss the positive development impact of international arbitration reform in the South Pacific, the Asian Development Bank, in conjunction with the United Nations Commission on International Trade Law, the Australian Department of Foreign Affairs and Trade, the Australian Centre for International Commercial Arbitration, and other renowned arbitration institutions and development partners, hosted the Third South Pacific International Arbitration Conference (the “Conference”). The Conference was attended by key government officials, policy makers, development partners, judges, law practitioners and private sector participants from the South Pacific region, as well as international speakers. The Conference also provided in-depth knowledge on the practical aspects of different types of disputes in the region and globally. There were also specialized interactive concurrent breakout sessions tailored for different stakeholders such as private sector, law practitioners and judges.
Thomas Clark - Opening Remarks
In his opening remarks, Mr. Thomas Clark, general counsel of ADB, highlighted the significance of this conference in convening key government officials, policy makers, judges, lawyers, private sector, development partners, and international arbitration experts to talk about ways to lift barriers to foreign direct investment (FDI) and international trade in the South Pacific region and Timor-Leste.
Athita Komindr - Opening Remarks | Presentation
Ms. Athita Komindr, head of the UNCITRAL Regional Centre for Asia and the Pacific (RCAP), also gave her opening remarks. She identified the positive impacts of ADB and UNCITRAL’s collaboration in introducing legal reforms on international commercial arbitration in the South Pacific, and stated UNCITRAL’s readiness to assist non-member countries.
John Denton - Keynote Address
Mr. John Denton, secretary general of the International Chamber of Commerce (ICC), delivered the keynote address. He drew the audiences’ attention to
Investing in the Pacific: Promoting Confidence in International Business through a Stable Disputes Regime - A Roundtable with the International Business and Development Community
The Economic Impact of International Commercial Arbitration
Prof. Dr. Jordi Paniagua, professor of economics at the University of Valencia, highlighted the positive economic impacts of international commercial arbitration.
Experience of the Republic of Korea
Mr. Changwan Han, director of the International Dispute Settlement Division of Republic of Korea’s Ministry of Justice, talked about how international arbitration has contributed to increased economic activities and investment flows in South Korea.
The Pacific Countries and International Arbitration Reform
Overview of International Arbitration Reform in the South Pacific
Ms. Christina Pak, principal counsel and team leader of the Law and Policy Reform (LPR) Program of ADB, informed the participants about this arbitration reform technical assistance project’s accomplishments to date.
Concurrent Breakout Session For Lawyers: Drafting International Arbitration Agreements
Drafting International Arbitration Agreements
The session covered the different types of arbitration, the elements that should be incorporated in an arbitration agreement, and tips to consider and traps to avoid in drafting an arbitration clause.
Concurrent Breakout Session For Judges: Implementation of the New York Convention – Judicial Perspective
Third South Pacific International Arbitration Conference - Presentation by Acting Chief Justice Kamal Kumar
Justice Kamal Kumar, acting chief justice of the Supreme Court of Fiji, discussed the arbitration regime in Fiji. Fiji’s International Arbitration Act 2017 took effect on 4 December 2018 and applies even to international arbitration proceedings that began prior to its effectivity.
Remarks of Michael Whitten QC
Lord Chief Justice Michael Whitten QC of the Supreme Court of Tonga presented next on Tonga’s arbitration law regime.
Implementation of the New York Convention in Papua New Guinea
Justice Jeffery Shepherd of the Supreme and National Courts of Justice of PNG briefly addressed the draft Arbitration Bill discussed by Dr. Eric Kwa in Session 2.
Role of Judiciary and Jurisprudence in Domestic and International Arbitration
This paper informs the readers about the arbitration related decisions rendered by Pakistani judiciary, the challenges faced by the Pakistani legal fraternity when it comes to arbitration, the need for judicial training, and the author's views on arbitration in Pakistan.