Category: News

FICA’s participation in the work of UNCITRAL Working Group II on “SPEDR” Model clauses including Model clause on Adjudication

By Herman Verbist

FICA was pleased to participate in the discussions in UNCITRAL Working Group II leading to the UNCITRAL Model Clauses on Specialized Express Dispute Resolution (“SPEDR”) including a Model clause on Adjudication.

At the outset of the discussion in UNCITRAL Working Group II, FICA-DACABI has prepared in 2021 a proposal for a Model Law on International Commercial Adjudication which it has shared with UNCITRAL and various delegations of UNCITRAL Working Group II.

Although there was no support to elaborate a Model Law on Adjudication, FICA is pleased that the topic of “adjudication” has been discussed in the framework of the SPEDR Model clauses and that this has led now to an UNCITRAL Model clause on Adjudication.

This will undoubtedly lead to making Adjudication better known as an alternative method to settle commercial disputes in different sectors.

On 30 September 2024, during its 80th session in Vienna, UNCITRAL Working Group II concluded its work in this field by adopting “Explanatory Notes” which will provide further explanations to the UNCITRAL “SPEDR” Model clauses.  

Expedited International Arbitration: Policies, Rules and Procedures

By Alan Anderson

FICA members Alan M. Anderson and Herman Verbist have co-edited a new book entitled, Expedited International Arbitration: Policies, Rules and Procedures. The volume features a Foreword by Anna Joubin-Bret, the secretary general of UNCITRAL. The book considers how expedited international arbitration policies and procedures, including the 2021 UNCITRAL Expedited Arbitration Rules, operate and affect international commercial arbitration, investor-State arbitration and mediation globally. Increasingly, international commercial arbitration has come to resemble the judicial process it was intended to replace, especially in terms of speed, costs and efficiency. Arbitration institutions worldwide have adopted rules or procedures to expedite the arbitral process to address these concerns. The volume, comprised of nineteen chapters, brings together thirty-one distinguished practitioners, academics and experts in the field from around the world. It furnishes diverse and rich perspectives on the various methods adopted to provide an expeditious and cost-effective means for dispute resolution, while recognizing the due process risks involved. 

Published in June 2024, further information about the book and how to order it may be found here: https://law-store.wolterskluwer.com/s/product/expedited-international-arbitration-policies-rules-and-procedures/01t4R00000PHPqcQAH.

The Future of Investor-State Dispute Settlement: Reforming Law, Practice and Perspectives for a Fast-Changing World

By Alan Anderson

FICA Members Ben Beaumont (honorary), Fahira Brodlija and Robert Ashdown, along with Armand Terrien, have edited and published The Future of Investor-State Dispute Settlement: Reforming Law, Practice and Perspectives for a Fast-Changing World. The volume was published by Kluwer Law International in February 2024. The book provides a deep dive into the reality behind the causes and effects of the concerns expressed regarding investor-State dispute settlement (ISDS) and the extent to which they can be, and have been, addressed by ongoing reform processes at the national, regional, and international levels. Its ability to engage directly with the most topical and pressing issues of the day, including human rights, regulation of the energy sector, and climate change and the environment more generally – especially in comparison with international commercial arbitration – makes ISDS a dynamic field. Further information about the book and how to order it may be found here: https://law-store.wolterskluwer.com/s/product/the-future-of-investorstate-dispute-settlement-reforming-law/01t4R00000OkfRIQAZ.

In Memoriam Ben Beaumont

By Alan Anderson

In Memoriam

Ben Beaumont

27 September 1940 – 27 February 2023

It is with deep regret and sadness that FICA announces the passing of its founder and long-time chair, Ben Beaumont, following a long illness. Ben’s life and career were dedicated to serving others and promoting the peaceful and efficient resolution of disputes. In his own words, he was “obsessed with using alternatives to litigation.” He will be sorely missed by this organization and all those individuals with whom he worked throughout his long life, his many friends, and of course his family.

Ben was a highly-accomplished, high-profile barrister, chartered surveyor and dispute resolution professional. He was called to the Bar by the Inner Temple in 1978. He was both a Fellow of the Royal Institute of Chartered Surveyors and a Fellow of the Chartered Institute of Arbitrators, amongst other fellowships and recognitions awarded him by organisations from around the world during his lifetime.

Ben started his career inauspiciously as a bricklayer’s assistant at the age of 17, working his way up to become a steel fixer before becoming a shuttering carpenter. He started working as a building contractor while reading for the Bar. After being called to the Bar, Ben focused on dispute resolution, gaining extensive experience in England and internationally as a mediator, arbitrator, adjudicator and facilitator. He lectured and trained future dispute resolvers extensively and was a widely-published author. He was firmly of the view that disputes should be resolved, whether by mediation or arbitration, by listening.

Ben was the founding chair of the Thames Valley Branch of the Chartered Institute of Arbitrators and was an elected member of its Council from 1982 to 1987. In 1996 he founded FICA. Its chair until recently, Ben first provided training to various professionals in Zambia and most recently in 2021, to individuals selected by six Balkan States to receive training in investor-state dispute settlement procedures. Through his efforts, in 2002 FICA was invited to participate as an observer in the work and deliberations of the United Nations Commission on International Trade Law’s (UNCITRAL) various working groups. He was active in several working groups, particularly until very recently the efforts of Working Group II to develop model laws or rules for adjudication of disputes. He also worked with the International Trade Centre as a member of its model contract drafting team.

Only four weeks ago, Ben was giving evidence to a House of Commons Select Committee on the possible application of the arbitration process to landlord/tenant disputes in the UK. He also was involved in a number of projects to develop university and NHS land sites to release further for further expansion.

Ben was involved with various charitable/voluntary activities throughout his life, including the Pheasantry Preservation Trust and more recently, as trustee and later chair of the East Oxford Community Centre and as a trustee of Sunrise Organisation Banbury. He was a member of the Athenaeum Club in London, where he co-founded the Film Club and was an active member of the Bridge Club for many, many years.

FICA would not be the organisation it is today but for Ben’s indefatigable hard work. His sharpness of mind, generosity and passion for life will be sorely missed. FICA extends its deepest sympathies and condolences to Ben’s family.

 “Surely goodness and mercy shall follow me all the days of my life; and I shall dwell in the house of the Lord forever.” “May flights of Angels sing thee to thy rest.”

Requiescat in pace, Ben Beaumont.

International Arbitration: Quo Vadis?

By Alan Anderson

FICA members Ben Beaumont and Fahira Brodlija, along with Alexis Foucard, have edited and published International Arbitration: Quo Vadis, published by Kluwer Law International in December 2022. In the book, a distinguished group of internationally renowned arbitrators, academics, and lawmakers elucidate the ubiquitous evolution towards increased technical complexity, the need for multi-focal and multi-cultural approaches, and the tension between desirable simplicity and required precision that has come to characterize current arbitral practice and procedure. 

Further information about the book and how to order it may be found here: https://law-store.wolterskluwer.com/s/product/international-commercial-arbitration-quo-vadis/01t4R00000P3bfbQAB

FICA Announces Contract to Provide Training to Western Balkans Countries

By Amy

The Forum for International Conciliation and Arbitration (FICA) is pleased to announce that it has been awarded a contract to provide training in Investment law and Investor-State Dispute Settlement (ISDS) to Government officials and legal professionals from the Western Balkan countries of Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia and Serbia. The project is sponsored by the German Centre for International Cooperation (GIZ).

The FICA team, which will be co-ordinated by Dr Rumiana Yotova, Lecturer in International Law at the University of Cambridge and Door Tenant at Thomas More Chambers, includes Kiran Gore, Professorial Lecturer in Law at The George Washington University Law School and Counsel in the Law Offices of Charles H. Camp. P. C. In Washington D.C., Alan Anderson PhD an attorney with an international practice in all aspects of dispute resolution and international arbitrator in Minneapolis USA who is also a Door Tenant with Littleton Chambers, Middle Temple and Ben Beaumont Barrister with an international practice in all aspects of dispute resolution and international arbitrator of Garden Court Chambers, Lincolns Inn.

 The first session of the programme begins in July with the second session in September.

 About FICA: Founded in 1996, FICA is a non-profit think tank committed to the advancement of national and trans-national dispute resolution. Since 2002, it has held Observer status at UNCITRAL – part of the UN. It has been particularly active in Working Group II (arbitration and conciliation/dispute settlement) and Working Group III (investor-State dispute settlement reform). This training contract arose out of FICA’s involvement with Working Group III. For further information about FICA, or to become a member, go to www.fica-disputeresolution.com.

 All enquiries: Robert Ashdown 0044(0)75 687 19008 

ELI & FICA Webinar Roundtable on the European Position with Respect to the Singapore Convention on Mediation

By Amy

On 18 June FICA (Forum for International Conciliation and Arbitration) and the European Law Institute (ELI), held a Virtual Roundtable to discuss the United Nations Convention on International Settlement Agreements resulting from Mediation (the ‘Singapore Convention’) which has not been signed by the EU or its Member States.

The panel members discussed what keeps the EU or its member states from signing the Singapore Convention on Mediation. The panel members reviewed the pertinent aspects of the Singapore Convention on Mediation to create awareness of the Convention and will debate the EU’s position.

A link to the Report is below:

http://www.ecdr.si/index.php?id=214

220306-Herman-Verbist-Report-on-Roundtable-on-EU-Position-on-Singapore-Convention-organised-on-18-June-2021-ELI-Slovenian-huDownload

ELI (European Law Institute) & FICA Webinar Roundtable on the European Position with Respect to the Singapore Convention on Mediation

By Amy

FICA (Forum for International Conciliation and Arbitration) and the European Law Institute, will be undertaking a Virtual Roundtable on 18 June 2021 at 11:00 – 13:00 CET Vienna time (17:00 -19:00 GMT+8 Singapore Time)

The United Nations Convention on International Settlement Agreements resulting from Mediation (the ‘Singapore Convention’) entered into force on 12 September 2020. However, the Convention has not been signed by the EU or its Member States. What keeps the EU or its member states from signing the Singapore Convention on Mediation?

Experts will discuss pertinent aspects of the Singapore Convention on Mediation to create awareness of the Convention and will debate the EU’s position.

11.00 (CET) Welcome by Sir Michael Burton, President of FICA and Ms. Katarina Kresal, co-chair of ELI hub in Slovenia, president of the European Centre for Dispute Resolution 11.05 (CET) Roundtable “The reflection process of the European Commission”

  • Is the accession to the Singapore Convention an exclusive jurisdiction of the EU or is it a shared competence of the EU and Member States?
  • To what extent would the Singapore Convention benefit EU stakeholders?
  • Developing mediation policies and practices in Europe.
  • The views of States that signed the Singapore Convention.

12.00 (CET) Break 12.05 (CET) Roundtable “What is the impact of the Singapore Convention on the EU laws and policies?”

  • Does the Singapore Convention interfere with the EU internal regulatory framework (as REIO)?
  • The role of the Hague Convention on Choice of Court Agreements 2005 or the Hague Judgments Convention 2019.

Panellists include:

  • Dr Nadja Alexander, Professor at Singapore Management University
  • Sir Michael Burton, President of FICA
  • Mr Gordon Humphreys, Chairperson at the European Union Intellectual Property Office’s Boards of Appeal, mediator in the EUIPO’s ADR service
  • Dr Catherine Kessedjian, former Deputy Secretary General of the Hague Conference on Private International Law & Professor emerita at University Panthéon-Assas Paris II
  • Ms Katarina Kresal, co-chair of ELI hub in Slovenia, president of the European Centre for Dispute Resolution
  • Ms Corinne Montineri, Senior Legal Officer, UN Office of Legal Affairs, UNCITRAL Secretariat
  • Dr hc Thomas Pfeiffer, Professor at Heidelberg University & Chair of the European Law Institute Special Interest Group on Dispute Resolution
  • Ms Natalie Morris-Sharma, former Chair of UNCITRAL Working group II which drafted the Singapore Convention & Deputy Senior State Counsel with Singapore’s Attorney-General Chambers
  • Dr Norel Rosner, Legal and Policy Officer, Directorate-General for Justice and Consumers, European Commission
  • Dr Rimantas Simaitis, Chairman of the CEPEJ-GT-MED
  • Ms Diana Wallis, Senior Lecturer at the University of Hull, former vice-president of the European Parliament
  • Mr Aleš Zalar, former Minister of Justice of Slovenia and current co-chair of ELI hub in Slovenia, will be moderating the roundtable.
  • Dr Herman Verbist, Vice-chairman of FICA, co-moderator (Q&A) Participants will be able to raise questions. Participation is free of charge.
    Participants will be able to raise questions. Participation is free of charge.
    Webinar Link
    DATE: Friday 18 June 2021 | 11:00 – 13:00 CET Vienna time (17:00 -19:00 GMT+8 Singapore Time)
    To access the webinar, please use this link: https://lnkd.in/dwdzuqp
    Please contact Herman Verbist at herman.verbist@everest-law.be if you have any questions.

Remaining the Dispute Resolution Epicentre: Is MED-ARB in Europe’s Future? By Matthew Finn

By Amy

Matthew Finn of FICA has recently published an article in IBA Construction Law International (‘CLInt’) Journal, Volume 16, Issue 1 – March 2021 on:

“Remaining the dispute resolution epicentre: is Med-Arb in Europe’s future?”

A hybrid of mediation and arbitration known as Med-Arb is a less formal, more expedient alternative dispute resolution (ADR) process which can be more flexible when resolving disputes. Although rare in Europe, it is widely used in Asian jurisdictions. In order to remain at the forefront of international dispute resolution, Europe could consider the benefits of Med-Arb: namely, a swift and cost-effective resolution, avoiding more traditional costly and time-consuming processes such as litigation and arbitration. As we enter a period of economic downturn in Europe due to the Covid-19 pandemic, are hybrids that combine arbitration with mediation a better form of ADR?

https://www.ibanet.org/Publications/publications_construction_law_international.aspx