Role of Judiciary and Jurisprudence in Domestic and International Arbitration Read more about Role of Judiciary and Jurisprudence in Domestic and International Arbitration 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.
Implementation of the New York Convention in Papua New Guinea Read more about Implementation of the New York Convention in Papua New Guinea 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.
Hon. Justice Jeffery Shepherd Keywords litigation intellectual property alternative dispute resolution ADR mediator court-annexed mediation international arbitration domestic arbitration Read more about Hon. Justice Jeffery Shepherd His Honour Justice Jeffery Shepherd holds degrees in law and anthropology from the University of Auckland, New Zealand. He is admitted to practice in the High Court of New Zealand, the Supreme Court of New South Wales, and the Superior Courts of Papua New Guinea. Formerly a senior partner with the litigation and intellectual property teams at the Port Moresby office of Ashurst Lawyers, Justice Shepherd was appointed a judge of the Supreme and National Courts of Justice of Papua New Guinea on 31 October 2016. He commenced judicial duties on 27 January 2017.
Remarks of Michael Whitten QC Read more about 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.
Hon. Lord Chief Justice Michael Whitten QC Keywords commercial litigation domestic arbitration international arbitration construction disputes Read more about Hon. Lord Chief Justice Michael Whitten QC Michael Whitten QC is the current Lord Chief Justice of the Kingdom of Tonga. Prior to his Honour’s appointment in mid-2019, he was a member of the Victorian Bar and Chancery Chambers in Melbourne, Victoria. There, he practised for more than 20 years in commercial litigation, specialising in building, construction, infrastructure and energy disputes. Prior to that, his Honour’s legal career started in Brisbane in the Public Defender’s Office, then associate to the late Judge J.P. Kimmins, then as a law clerk at Blake Dawson Waldron, before being called to the Bar there in 1990.
Third South Pacific International Arbitration Conference - Presentation by Acting Chief Justice Kamal Kumar Read more about 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.
Drafting International Arbitration Agreements Read more about Drafting International Arbitration Agreements 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.
Experience of the Republic of Korea Read more about 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 Read more about 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 Read more about 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.