The Dawn of International Arbitration in the South Pacific: Regional International Arbitration Conference 12 to 13 February 2018 Nadi, Fiji The Government of Fiji, in collaboration with ADB and United Nations Commission on International Trade Law (UNCITRAL) Regional Centre for Asia and the Pacific, cohosted the first-of-its kind inaugural South Pacific International Arbitration Conference to raise awareness and discuss the positive development impact of international arbitration reform in the South Pacific. Key government officials, policy makers, development partners, judges, law practitioners, and private sector participants from the South Pacific region attended the conference and gained in-depth knowledge on the practical aspects of different type of disputes in the region and globally. Program and Learning Materials 12 February 2018 13 February 2018 Session / Activity Title Speaker(s) Session 2: Promotion of FDI and Trade through International Arbitration Reform FDI Promotion and Arbitration Prof. Dr. Paniagua discussed the effects of international arbitration reform on a country’s foreign direct investment (FDI) and trade. He said that… Jordi Paniagua Session 2: Promotion of FDI and Trade through International Arbitration Reform Trade and Investment Facilitation by Arbitration and the Rule of Law Prof. Michael Ewing-Chow talked about the effects of a change in production and trade pattern from single producer to global value chain (GVC). He… Michael Ewing-Chow Session 3: Introduction to International Arbitration Accession Kit for States intending to become Parties to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York Convention, 1958 The Accession Kit for States intending to become Parties to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York… Joao Ribeiro-Bidaoui Session 3: Introduction to International Arbitration Ad Hoc and Institutional Arbitration Ms. Sarah Grimmer explained the differences between ad hoc and institutional arbitration, such as the different roles played by the institution, the… Sarah Grimmer Session 3: Introduction to International Arbitration Introduction to International Arbitration Mr. Daniel Meltz presented the procedure for dealing with disputes between parties from different countries and the differences between arbitration… Daniel Meltz Session 3: Introduction to International Arbitration Anatomy of International Arbitration Dr. Eun Young Park discussed the anatomy of international arbitration, including the essential elements of an international arbitration; its legal… Eun Young Park Session 4: The New York Convention and the Pacific Small Island Developing States Kustom - A Public Policy Exception under the New York Convention Dr. Petra Butler and Ms. Gitanjali Bajaj gave a presentation on kustom as a public policy exception to the recognition or enforcement of an arbitral… Petra Butler, Gitanjali Bajaj Session 4: The New York Convention and the Pacific Small Island Developing States Session 4: The New York Convention and the Pacific Small Island Developing States The UN Convention on Contracts for the International Sale of Goods -- The CISG Dr. Butler discussed the United Nations Convention on Contracts for the International Sale of Goods (CISG) as a means to facilitate cross-border… Petra Butler Session 4: The New York Convention and the Pacific Small Island Developing States Integration and International Dispute Resolution in Small States (flyer) The featured book provides insights into commercial relations between large economies and small states, the benefits of regional integration, the… Petra Butler, Eva Lein, Rhonson Salim Session 5: Fiji International Arbitration Act 2017 - Overview of Key Provisions and Innovations Regional Implementation of the UNCITRAL Model Law Mr. Joao Ribiero-Bidaoui talked about how the UNCITRAL Model Law on International Commercial Arbitration is being implemented in the region and how… Joao Ribeiro-Bidaoui Session / Activity Title Speaker(s) Session 6: Special Breakfast Session: Women in Arbitration Opening Remarks Christopher Stephens gave the opening remarks during the special session on women in international arbitration and highlighted the career… Christopher Stephens Session 6: Special Breakfast Session: Women in Arbitration Career Tips for Women in Arbitration Judith Levine shares a list of career tips from women who are successful in the field of international arbitration. Judith Levine Session 7: Disputes in the South Pacific: Energy Disputes Energy Disputes and Arbitration Mr. Kevin O’Gorman talked about the types of energy disputes often submitted to arbitration and the bases for submission, namely host country… Kevin O'Gorman Session 7: Disputes in the South Pacific: Construction Disputes Construction Disputes Ms. Jo Delaney moderated the session and talked about the construction developments in the South Pacific, the features of construction dispute… Jo Delaney Session 7: Disputes in the South Pacific: Climate Finance DIsputes Pacific Needs a Voice in International Arbitration Ms. Christina Pak highlighted the critical role international arbitration can play in attracting international climate finance and investments into… Christina Pak Session 7: Disputes in the South Pacific: Climate Finance Disputes Legal Readiness to Attract Climate Finance: Towards a Low-Carbon Asia and the Pacific This article highlights some of the legal barriers faced by developing countries in optimizing their options for funding their nationally determined… Christina Pak, Takako Morita Session 7: Disputes in the South Pacific: Climate Finance Disputes Climate Change: A Rising Sea of Disputes? Ms. Judith Levine walked the participants through various climate change related disputes and the United Nations legal framework on climate change,… Judith Levine Session 7: Disputes in the South Pacific: Climate Finance Disputes Climate Finance Disputes Ms. Jo Delaney explored the nature of climate finance disputes through a solar farm case study. She outlined a solar farm project involving a private… Jo Delaney Session 8: Concurrent Breakout Sessions (Lawyers, Private Sector and Judiciary): For Lawyers: Drafting Arbitration Agreements Drafting Arbitration Agreements The panel dealt with the various dispute resolution options lawyers have, the model clauses of arbitral institutions, the key elements of an… Daniel Meltz, Jo Delaney, Brenda Horrigan, Timothy Lindsay Session 8: Concurrent Breakout Sessions (Lawyers, Private Sector and Judiciary): For Private Sector: Contracting with Foreign Parties and Cross-Border Dispute Resolution Contracting with Foreign Parties and Cross-Border Dispute Resolution Ms. Koh Swee Yen discussed about the inclusion of arbitration clauses in contracts without the parties truly appreciating and understanding what the… Swee Yen Koh Session 8: Concurrent Breakout Sessions (Lawyers, Private Sector and Judiciary): Implementation of the New York Convention - Judicial Perspective Implementation of the New York Convention - Judicial Perspective Chief Justice Anthony Harold Cumberland Thomas (A.H.C.T.) Gates expressed appreciation for the assistance offered by ADB, UNCITRAL and other… Anthony Harold Cumberland Thomas (A.H.C.T.) Gates Session 8: Concurrent Breakout Sessions (Lawyers, Private Sector and Judiciary): UNCITRAL E-Commerce Law 2.0 for the Implementation of FTAs and Trade Facilitation Measures UNCITRAL E-Commerce Law 2.0 Mr. Joao Ribeiro-Bidaoui discussed the legal framework governing electronic communications in international contracts for the sale of goods,… Joao Ribeiro-Bidaoui Session 9: Mock Arbitration Mock Arbitration Compromis The mock international arbitration was designed to walk participants through the process of a typical international arbitration. It is based on a… Jonathan Lim Disclaimer The views expressed on this website are those of the authors and do not necessarily reflect the views and policies of the Asian Development Bank (ADB) or its Board of Governors or the governments they represent. ADB does not guarantee the accuracy of the data included in this publication and accepts no responsibility for any consequence of their use. By making any designation of or reference to a particular territory or geographic area, or by using the term “country” in this document, ADB does not intend to make any judgments as to the legal or other status of any territory or area. Event Coordinator/s Christina Pak Related Full Agenda List of Participants ADB Organizer/s Office of the General Counsel Partner Organization/s Government of Fiji, UNCITRAL Regional Centre for Asia and the Pacific Topics Capacity Development Industry and Trade Knowledge Management Private Sector Finance