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 institutions in encouraging arbitration developments in the South Pacific region. He highlighted the need for judges in the region to be ready, should they be called upon to act in relation to an arbitration dispute. He also mentioned the Fiji High Court (Amendment) Rules 2018, which would bring a new Order 74 on international arbitration.

Chief Justice Gates added that despite the obvious advantages of international arbitration, the South Pacific island states remain averse to any proposal that would remove their jurisdiction to rule on cases they would normally decide on. Nonetheless, courts should enforce agreements, including arbitration agreements. Alternative dispute resolution methods, including arbitration and mediation, which can be conducted by the Fiji Mediation Centre, can resolve conflicts better and boost the prosperity of the South Pacific countries.