Events

The Dawn of International Arbitration in the South Pacific: Regional International Arbitration Conference

12 February 2018 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 Feb 2018
13 Feb 2018

Date	Session / Activity	Presentation Material	Speaker(s)
12 Feb 2018	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 international...	Jordi Paniagua
12 Feb 2018	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 also...	Michael Ewing-Chow
12 Feb 2018	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 Convention...	Joao Ribeiro-Bidaoui
12 Feb 2018	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 arbitral...	Sarah Grimmer
12 Feb 2018	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 and...	Daniel Meltz
12 Feb 2018	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 basis...	Eun Young Park
12 Feb 2018	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 award...	Petra Butler, Gitanjali Bajaj
12 Feb 2018	Session 4: The New York Convention and the Pacific Small Island Developing States	Kastom -- A Public Policy Exception under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards Dr. Petra Butler and Dr. Christoph Katerndahl's article discusseskustom, which is part of Pacific Islands' fundamental notion of morality and justice, ...	Petra Butler, Christoph Katerndahl
12 Feb 2018	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 [Slides] [Document] Dr. Butler discussed the United Nations Convention on Contracts for the International Sale of Goods (CISG) as a means to facilitate cross-border trade...	Petra Butler
12 Feb 2018	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 role...	Petra Butler, Eva Lein, Rhonson Salim
12 Feb 2018	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 the...	Joao Ribeiro-Bidaoui

Date	Session / Activity	Presentation Material	Speaker(s)
13 Feb 2018	Session 6: Special Breakfast Session: Women in Arbitration	Opening Remarks Christopher Stephens gave the opening remarks during the specialsession on women in international arbitration and highlighted the career opportunities...	Christopher Stephens
13 Feb 2018	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 fieldof international arbitration.	Judith Levine
13 Feb 2018	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 instruments...	Kevin O'Gorman
13 Feb 2018	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 resolution...	Jo Delaney
13 Feb 2018	Session 7: Disputes in the South Pacific: Climate Finance DIsputes	Pacific Needs a Voice in International Arbitration Ms. ChristinaPak highlighted the critical role international arbitration can play in attracting international climate finance and investments into the...	Christina Pak
13 Feb 2018	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 bydeveloping countries in optimizing their options for funding their nationally determined contributions...	Christina Pak, Takako Morita
13 Feb 2018	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, the...	Judith Levine
13 Feb 2018	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
13 Feb 2018	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 arbitration...	Daniel Meltz, Jo Delaney, Brenda Horrigan, Timothy Lindsay
13 Feb 2018	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 process...	Swee Yen Koh
13 Feb 2018	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 [Slides] [Document] Chief Justice Anthony Harold Cumberland Thomas (A.H.C.T.) Gates expressed appreciation for the assistance offered by ADB, UNCITRAL and other institutions...	Anthony Harold Cumberland Thomas (A.H.C.T.) Gates
13 Feb 2018	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, including...	Joao Ribeiro-Bidaoui
13 Feb 2018	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 purely...	Jonathan Lim