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. Tonga’s International Arbitration Act entered into force on 3 March 2021—only 2 weeks before the conference was held. Prior to the enactment of this law, Tonga did not have a law governing domestic or international commercial arbitration.

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. The law is a comprehensive state-of-the-art law based on the UNCITRAL Model Law on International Commercial Arbitration. It also incorporates provisions from Australia’s International Arbitration Act 1974, the Singapore International Arbitration Act, and the Hong Kong Arbitration Ordinance (Cap.

May Tai

Ms. May Tai specialises in cross-border China-related and Asian disputes, as well as contentious regulatory matters. She regularly advises governments, government-owned entities and commercial clients (including financial institutions and energy companies) in Asia, Europe and the United States, including acting as counsel and advocate in arbitrations under various rules and court proceedings. She has acted as arbitrator in SIAC and HKIAC proceedings, and has also sat as an Emergency Arbitrator under the ICC Rules.

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. A stable and effective dispute resolution system plays an important role in promoting sustained economic growth and attracting FDI.

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. He first showed graphs illustrating the trends in foreign direct investment (FDI) worldwide and in the South Pacific in terms of capital expenditures, jobs created, and projects started from 2003 to 2020. He also emphasized the one-third loss in FDI measured in terms of all three factors in 2020 and explained the loss as a consequence of the coronavirus disease (COVID-19) pandemic.

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.