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.

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. The PNG judiciary expects this bill to revolutionize the arbitration regime in the country. The PNG legislation, when enacted, will deal with both domestic and international arbitration.

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.

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.

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.

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.

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.

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.

Mr. John Denton, secretary general of the International Chamber of Commerce (ICC), delivered the keynote address. He drew the audiences’ attention to the ICC’s efforts to achieve its overall purpose of enabling business worldwide to secure peace, prosperity, and opportunity for all.

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. First, the program has assisted several South Pacific countries in adopting state-of-the-art international arbitration laws. These countries include Fiji, which enacted its International Arbitration Act in 2017, and Tonga, which passed its International Arbitration Act in 2020. Palau’s draft International Arbitration Bill is pending before Congress.