On Monday 23 April, Christine Grahame MSP, Convenor of the Justice Committee, sponsored an event in the Scottish Parliament on arbitration links between China and Scotland. The event was arranged by the Scottish Arbitration Centre (the Centre) and the China International Economic and Trade Arbitration Commission Foreign Arbitrators’ Forum (the Forum), and supported by the Scottish Branch of the Chartered Institute of Arbitrators.

During the seminar, keynote speaker Mr Cai Renrong, Advisor to the China International Economic and Trade Arbitration Commission (CIETAC) Secretariat and former Chief Representative of the China Council for the Promotion of International Trade (CCPIT) in the United States coming from Beijing provided a presentation on the amended CIETAC Rules.

Ms Grahame welcomed everyone to the Parliament, before handing over to Brandon Malone, Chairman of the Centre, who spoke about Scottish arbitration from an international perspective. The Rt. Hon Lord Hamilton, The Lord President, also addressed the audience on a Scottish case involving a Chinese party, and Mr Li Ruiyou, Consul General of the People’s Republic of China in Edinburgh, emphasised the strong links that have been developed between Scotland and China. Anthony Connerty, barrister and Chairman of the Forum, set out the background to the Forum before introducing Mr Cai, who gave an explanation of the recent changes to the CIETAC rules, which came into force of 1st May 2012.

Brandon Malone said:

“For Scottish businesses trading with China, Scottish arbitration offers an enforceable, cost effective way to resolve disputes. An effective arbitration clause is an essential part of any international contract. We are looking forward to developing arbitration links with China. Scotland is a logical neutral seat for arbitrations under the CIETAC rules. We will be encouraging Scottish arbitrators to engage with CIETAC, and to apply to become CIETAC ‘Foreign Arbitrators’.”

Mr Cai said:

“As trade increases between China and Scotland it is inevitable that commercial disputes will arise. Arbitration is the best way to resolve commercial disputes. We hope that the increased flexibility built into the new CIETAC Rules will enable hearings to take place outside China.”

Andrew Mackenzie, Chief Executive of the Centre, said:

“We were delighted to work with the Forum to facilitate this event, which will allow the Centre and Scotland an opportunity to strengthen links with CIETAC, CCPIT, and China, following on from a recent visit to the Centre from the China Maritime Law Association. It also provided the Centre with an opportunity to promote Scottish arbitration to those attending, including Mr Cai.”

Mr Connerty said:

“The Forum was most impressed by the arrangements made by the Scottish Arbitration Centre for the seminar staged in Edinburgh. The venue for the seminar in the Scottish Parliament building was excellent. The capacity audience included representatives of leading Scottish law firms, academia, Government, and the wider arbitration community. Furthermore, the Q&A session showed great interest in CIETAC’s approach to dispute resolution.”

 Photo by Cate Gillion. From left to right: Anthony Connerty; Cai Renrong; Brandon Malone; and Andrew Mackenzie.

The announcement was made at the Scottish Arbitration Centre’s Tartan Week event in New York City, where Brandon Malone, Chairman of the Centre, addressed an audience on Scotland as a seat of international arbitration. The event, which drew a large crowd from the NYC arbitration community, was a joint event with the Scottish Bar of New York, and was sponsored by Chivas, Hughes Hubbard & Reed LLP, Scottish Development International and VisitScotland.

From left to right, Andrew Mackenzie, Brian Cox and Brandon Malone

Mr Malone said:

“We are delighted to be working with the internationally renowned CEPMLP at the University of Dundee on this project to develop Scotland as an international centre for energy arbitration. We are keen to focus on the energy sector, given the oil and gas links in Aberdeen and Scotland’s expertise in the developing renewables industry. Midway between America and Middle East, Scotland is ideally located to become an international centre for energy arbitration.”

Brian Cox, actor and Rector of the University of Dundee, spoke at the event on behalf of the CEPMLP. He said:

“The new relationship with the Scottish Arbitration Centre will promote the reputation of Dundee University in this field of international dispute settlement, and it will draw upon its existing strengths in the fields of energy and natural resources law, economics and management.”

Professor Peter Cameron, Director of the CEPMLP, said:

“The revival of interest in the UK North Sea, and the growing complexity of international oil and gas operations will give rise to different kinds of disputes. This partnership between the Dundee Energy Centre and the Scottish Arbitration Centre will ensure that specialist knowledge can be brought to bear on these issues and facilitate their speedy resolution. Looking forward to a low carbon economy, and new kinds of energy, like wind and wave power, there will be further opportunities for us to use our mutual skills to assist in settling differences as they emerge in the UK and in the rest of the world. Our vision is a global one – in a good Scots tradition!”

Andrew Mackenzie, Chief Executive of the Centre, said:

“On a week when some of Scotland’s leading business and industry experts have highlighted the importance of a healthy energy sector to drive industry in Scotland, we are proud to be part of that drive, along with the Dundee Energy Centre. We also want to involve other bodies in the energy sector in this work, and will be entering into discussions with them in due course.”

Arbitration links between China and Scotland

The eNewsletter contains a foreword by the Centre’s Honorary President, Sir David Edward QC, a welcome from its Chief Executive, Andrew Mackenzie, and an article on the recent cases under the Arbitration (Scotland) Act 2010 by the Centre’s Chairman, Brandon Malone.  The eNewsletter also contains links to recent Centre news and events.

Commenting on the launch, Mr Mackenzie said that, given the Centre’s limited resources, we have achieved a substantial amount in year one.  He went onto thank everyone who has supported the Centre, and added a special thanks to Charlotte Lelong, a student volunteer, who assisted with the production of the eNewsletter.

To read the newsletter please click HERE

Today, on the eve of its one year anniversary, the Scottish Arbitration Centre has launched an individual and corporate membership scheme.

A number of international arbitration centres have membership schemes. The names and email addresses of individual members will be published on the Centre’s website. Corporate membership includes firm logo and website link. Members will also received the Centre’s new quarterly eNewsletter; advance notice of training events; and discounted rates for Centre events or room hire at the Centre.

Membership fees are as follows:

• Annual individual membership £70

• Annual individual membership for academics £40

• Annual corporate membership (up to four individuals) £250 (including firm logo)

• Annual subscription for additional corporate member (more than initial four) £40 each

Andrew Mackenzie, Chief Executive of the Centre, announced that a number of firms have already signed up as corporate members, including Brodies LLP, Burness LLP, Dundas & Wilson LLP, Hill International, Hogan Lovells, Hunter Consulting, and McClure Naismith LLP. He also noted that Craig Connal QC is the first individual member.

Mr Mackenzie concluded:

“We are delighted that so many firms and individuals, both domestic and international, have already signed up today to be members.

The Centre is a long term investment to create a new industry of arbitration in Scotland to support growth and increase business. We believe this will lead to significant benefits for relevant practitioners, and we hope many more individuals and firms will become members and work with us to achieve that goal.”

For details of how to become a member, please contact Mr Mackenzie at chiefexec@scottisharbitrationcentre.org

The CMLA is supported by the China Council for the Promotion of International Trade (CCPIT) and various companies and non-governmental organisations.  Representatives of CCPIT formed part of the delegation, as did representatives from companies like COSCO, Sinotrans, and China Shipping.  There were also delegates from the China International and Economic Trade Arbitration Centre (CIETAC), the China Maritime Arbitration Commission (CMAC), and a judge of the Supreme People’s Court of PR China.

On Tuesday evening (13^th March) the Scottish Arbitration Centre held a joint event with the Chartered Institute of Arbitrators (Scottish Branch) at McClure Naismith, Edinburgh.  The event was attended by various arbitration professionals and representatives from the shipping industry in Scotland.  Sir David Edward QC, Honorary President of the Scottish Arbitration Centre, and Lord Glennie also attended.  Brandon Malone, Chairman of the Scottish Arbitration Centre welcomed the delegation to Scotland in his best Mandarin Chinese, and introduced the first guest speaker of the evening, Roseanna Cunningham MSP, Minister for Community Safety and Legal Affairs.

Ms Cunningham referred to the First Minister’s recent visit to China and the high importance he places on the relationship between China and Scotland.  She also said that the Scottish Government believes “there are a number of reasons why Scotland may be attractive as a venue for international arbitration and why Chinese companies may wish to arbitrate disputes under Scots law”, before setting out a list of reasons.

Mr Dong Songgen, Vice Chairman of CCPIT and Vice Chairman CMLA, responded to the Minister.  He said:

“I would like to express my appreciation on behalf of the China International Economic and Trade Arbitration Commission, the China Maritime Arbitration Commission, the China Maritime Law Association, and all the delegates of the delegation, to the Scottish Arbitration Centre and the Chartered Institute of Arbitrators.  We believe that, through this visit, communication between maritime and arbitration fields in Scotland and in China will be reinforced, and a strong foundation for future cooperation will be established.”

Two of the delegates, Mr Li Hu, Deputy Secretary General of CIETAC and Secretary General of CMLA, and Ms Wang Shumei, Judge of the Supreme People’s Court of PR China and Deputy Secretary General of CMLA, spoke on arbitration in China during the formal part of the evening.

McClure Naismith then provided a drinks reception, before the Scottish Arbitration Centre and the Chartered Institute of Arbitrators (Scottish Branch) hosted a dinner for the CMLA.

On 14 March, Brandon Malone and Andrew Mackenzie, Chief Executive of the Scottish Arbitration Centre, introduced the delegation to the Lord President, who welcomed the delegates to the Court of Session.  Afterwards, at the Scottish Arbitration Centre, Andrew Mackenzie provided the delegation with information on the Centre and Brandon Malone introduced them to the Arbitration (Scotland) Act 2010.  Then, Duncan MacLean of Brodies, provided a presentation on shipping law in Scotland.

Afterwards, Brandon Malone said:

“The Scottish Arbitration Centre exists to promote Scotland as a place to arbitrate.  This visit to Scotland by a very senior and high-powered CMLA delegation is evidence of an increasing interest in Scotland and what Scottish arbitration has to offer to global business and the global arbitration community.  We look forward to future cooperation with CMLA and to building links with CIETAC and other leading arbitration centres.”

Andrew Mackenzie said:

“We are delighted that the CMLA visited Scotland.  It is an illustration of the reach the Scottish Arbitration Centre now has, and we hope to work with the delegates to further strengthen relationships between Scotland and China.”

Photo (left to right):  Sir David Edward QC, Honorary President of the Centre; Ms Wang Shumei, Judge of the Supreme People’s Court of PR China and Deputy Secretary General of CMLA; Lord Glennie; Mr Dong Songgen, Vice Chairman of CCPIT and Vice Chairman CMLA; Brandon Malone, Chairman of the Centre; Mr Li Hu, Deputy Secretary General of CIETAC and Secretary General of CMLA; and Andrew Mackenzie, Chief Executive of the Centre.

The practice competition was arranged in advance of the Willem Vis Moot, an annual international commercial arbitration moot, which takes place in Vienna in April.  Universities from all over the world compete at the Vienna event, although Aberdeen and Edinburgh Law Schools are the only Scottish universities sending teams this year.

The Vis Pre-Moot was arranged by Edinburgh Law School in order to support the Scottish teams in their preparations for Vienna.  Students from Edinburgh University, Aberdeen University and Victoria University of Wellington (New Zealand) were asked to plead against each other. In order to give them a professional audience and realistic feedback the competition was supported by professionals who acted as moot arbitrators, including Hew Dundas, Honorary Vice President of the Scottish Arbitration Centre, and Brandon Malone, Chairman of the Centre.  The students’ performance and professionalism developed impressively over the two days of intensive pleadings, owing to the highly valued feedback and extensive opportunity to practise.

Dr Lamont-Black said:

“Our thanks go to all colleagues, arbitrators, advocates and solicitors who gave up their weekend to hear and judge the students’ pleadings.  We are particularly grateful for the strong practical support given by the Scottish Arbitration Centre.  The practice competition was a great success, allowing all participants including our Edinburgh team to gain valuable experience in advance of the Vis Moot in April, where they will be competing against around 300 international teams.”

Andrew Mackenzie, Chief Executive of the Scottish Arbitration Centre said:

“We are delighted to be able to provide sponsorship and support for the practice competition in advance of the Willem Vis Moot in Vienna.  We want to work with all universities in Scotland to promote domestic and international arbitration, and hope that more law schools here will consider taking part in arbitration moots in the future.  For now, we wish the Aberdeen and Edinburgh teams the very best of luck in Vienna.”

Photo – The Mooting Teams

The China Maritime Law Association is supported by the China Council for the Promotion of International Trade (CCPIT) and various companies.  CCPIT will be part of the delegation, as will representatives from companies like COSCO, PICC, Sinotrans, and China Shipping.  There will also be representatives from the China International and Economic Trade Arbitration Centre (CIETAC), the China Maritime Arbitration Commission (CMAC), and a judge of the Supreme People’s Court of PR China.

Andrew Mackenzie, Chief Executive of the Scottish Arbitration Centre, said:

“We are delighted that the China Maritime Law Association has decided to visit Scotland.  The delegation is keen to visit the Scottish Arbitration Centre, and to find out more about the Arbitration (Scotland) Act 2010.  We have also made arrangements for them to hear from those involved in shipping law during their short stay in Edinburgh.”

Roseanna Cunningham MSP, Minister for Community Safety and Legal Affairs, will welcome the delegation to Scotland at a joint Scottish Arbitration Centre/Chartered Institute of Arbitrators (Scottish Branch) event at 6pm on 13 March.  The event will be held at McClure Naismith, Edinburgh, where Brandon Malone, Chairman of the Centre, is a partner.  Two of the delegates have agreed to speak on arbitration in China during the formal part of the evening.  A drinks reception, provided by McClure Naismith, will follow at 7pm.

To attend the event, please email Richard Farndale, Honorary Secretary and Treasurer of Chartered Institute of Arbitrators (Scottish Branch): rmf.ciarbs@burness.co.uk.

Brandon Malone, Chairman of the Centre, welcomed the guests inviting the London audience to choose Scotland as the “Natural Alternative” to London, when a “home turf” conflict prevents London being chosen as the seat of arbitration.

Mr Malone offered London practitioners three good reasons to change from other longer established centres to Scotland: “Proximity, Familiarity, and Personality.”  “Proximity”, not just geographically, but in terms of language and culture; “Familiarity” because the Scottish courts have made clear that English cases can be used to interpret the new Scottish Act, which itself is based on the existing English legislation; and “Personality” which, with its spectacular scenery, top class venues, world class food, rich culture and history, and diverse cities, Scotland has in spades.

Mr Mundell, speaking on behalf of the Westminster Government said:

“UK Ministers and UK Trade and Investment are committed to promoting the legal services sector in discussions with overseas counterparts and contacts.  The enhancing of dispute resolution in Scotland is an area they are highlighting.

There are good reasons for companies from Scotland, the UK and further afield to resolve their disputes in Scotland.  An effective and innovative arbitration regime and cost effective solutions head the list…  Arbitration in Scotland is reckoned to cost around two-fifths of the cost of arbitration in London or New York… Our mature legal system backs up arbitration, with judges who understand the significance of supporting the arbitral process.  Meanwhile, the Centre’s business focus on the energy sector, both in the established oil and gas industry and the developing field of renewables means that the impacts of Scottish arbitration will be felt across Scotland and beyond.”

Following the event, Andrew Mackenzie, Chief Executive of the Centre, said:

“Our London launch was a great success, attracting senior members of the judiciary, barristers, solicitors and arbitrators.  It is clear that there is a lot of goodwill for our aims and objectives amongst the arbitration community in London, so we hope to work with them as we develop the Centre into a credible alternative to London and other international arbitration centres.”

Pictured (left to right):  Brandon Malone, Chairman of the Board of the Centre, the Rt Hon David Mundell MP, Parliamentary Under Secretary of State at the Scotland Office, and Andrew Mackenzie, Chief Executive of the Centre.

The Accelerated Route to Membership provides a fast-track route for legally qualified professionals with a background in arbitration to gain CIArb membership by completing an assessment program. The aim of the programme is to assess the range of skills needed as an arbitrator.

The Accelerated Route is suitable for participants from a range of backgrounds including party adviser, advocate, judges who deal with the arbitrator issues or arbitrator.

You need to satisfy yourself that you have the required level of arbitration knowledge, including the Arbitration [Scotland] Act 2010, before embarking on the programme.

Accelerated Route to Membership [MCIArb] 

This programme is designed for individuals who have a recognised law degree and have some knowledge and experience of non-court dispute resolution. If you have completed an LLM then it would be appropriate for you to apply for this programme.

The programme comprises a one and a half day assessment workshop and includes group and individual written exercises and the assessment consists of written coursework assignment and a 3 hour written examination.

The delegate costs are £750.00 and the provisional dates for this course is on the 26th and 27th of April 2012, and the course is likely to be held at the Glasgow Caledonian University.

If you are interested in attending then please write to the CIArb  Education Convenor, LCH Bunton FRICS FCIArb at len@buntonconsulting.co.uk

For further information please contact Len on 07769 670089.