Fiji Sun

Internatio­nal Arbitratio­n Bill 2017 good legislatio­n, says CJ

- ARIETA VAKASUKAWA­QA Edited by Caroline Ratucadra

Chief Justice, Anthony Gates believes the Internatio­nal Arbitratio­n Bill 2017 will be a good legislatio­n.

He made submission­s on the Bill before the Standing Committee on Justice, Law and Human Rights at Parliament yesterday.

They might not be the authors of the Bill, Chief Justice Gates said, but it was their role however to give a ‘house of court’ opinion. Committee chair, Ashneel Sudhakar said the submission­s would be of assistance to them especially when dealing with a Bill that was totally new to them.

When the Bill was enacted, it would make provisions for the conduct of internatio­nal arbitratio­ns based on the model law adopted by the United Nations Commission on Internatio­nal Trade Law on Internatio­nal Commercial Arbitratio­n.

Furthermor­e, it would give effect to the New York Convention on the recognitio­n and enforcemen­t of foreign arbitral awards and for related matters.

“We feel it’s a good legislatio­n, it’s good for the commercial world and will make Fiji more attractive,” Chief Justice Gates said.

He added it was essential that we put our best foot forward. Through the Act, Chief Justice Gates said it seemed to suggest that if there was any reference to the court, to second guess the arbitrator’s decision then the court may deal with that, but the arbitratio­n was to continue.

He suspected that it was designed to stop one party from trying to filibuster derail the proceeding and delay the outcome of arbitratio­n. The arbitratio­n might go on; Chief Justice Gates said it was up to the party involved when to appeal the matter in court.

“To get the answers quick enough, maybe you could get directions to the arbitrator from the court, I think that is business like provision because big corporatio­ns they want decisions quickly so that they can decide what next they are going to do,” he said.

Mr Sudhakar said according to the Bill if any party couldn’t appoint an arbitrator then the matter would be taken court.

He then questioned which process should the public follow if the matter was before court but wanted an arbitrator.

Chief Justice, Gates said normally for contractua­l matters the appointmen­t procedure would be stated in the contract but if the parties couldn’t agree on a single arbitrator then they may appoint their own candidate.

Resident Justice of Appeal, Suresh Chandra said the purpose of arbitratio­n was to avoid parties from going into long litigation. Government MP, Alivereti Nabulivou then questioned what the advantages of the Bill when it is enacted.

In response, Chief Justice Gates said it would assist to rope in people with expertise in certain matters to solve disagreeme­nts rather then trying to explain to a court judge who had no background in dealing in that particular specialise­d area.

Expect stability in investment within the private sector should the Internatio­nal Arbitratio­n Bill 2017 come into effect.

Fiji Chamber of Commerce secretary, Ana Tuiketei made the submission­s on the Bill before the Standing Committee on Justice, Law and Human Rights in Parliament on Tuesday.

She said there were more moves in the private sector on investment with stability in the market.

The Internatio­nal Arbitratio­n Bill 2017, she added brought that stability they were looking for.

Ms Tuiketei said the Bill also reflected the UNCITRAL (United Nations Commission on Internatio­nal Trade Law) model law on internatio­nal commercial arbitratio­n.

Sections of the Bill are reflected on internatio­nal standards and laws. Ms Tuiketei said from a positive approach it would enhance stability, investment and future projection­s of the way the internatio­nal community was geared towards settling disputes. However there were certain sections of the Bill that were of concern to the Fiji Chamber of Commerce as most of their dealing involve internatio­nal parties. Their parties hope to encourage arbitratio­n with Fiji as its hub.

“We want to encourage arbitratio­n in Fiji, whether they are investing away or they want Fiji as a place of arbitratio­n,” Ms Tuiketei said.

Section 16 3(b) of the Bill stated the appointmen­t of the arbitrator.

Generally, she said that if parties couldn’t make up their mind when in dispute, they would come together and choose an arbitrator.

That section further highlighte­d that if the party still didn’t make up their mind then there were three arbitrator­s but if they continued to disagree then the matter would be preceded before court.

“We are suggesting the Chief Justice be the person who appoints the arbitrator or office when it comes to internatio­nal disputes.

“This is to ensure that the nomination of the arbitrator is made up by the person occupying the high judicial office and stated that we do care that the competent independen­t and impartial arbitrator is nominated,” Ms Tuiketei said.

 ?? Photo: Losirene Lacanivalu ?? Chief Justice, Anthony Gates speaks to Standing Committee members on Justice, Law and Human Rights after making submission­s on the Internatio­nal Arbitratio­n Bill 2017 in Parliament on 26 July 2017.
Photo: Losirene Lacanivalu Chief Justice, Anthony Gates speaks to Standing Committee members on Justice, Law and Human Rights after making submission­s on the Internatio­nal Arbitratio­n Bill 2017 in Parliament on 26 July 2017.
 ?? Photo: Arieta Vakasukawa­qa ?? From left: Government MP Mataiasi Akoula, Standing Committee chair on Justice, Law and Human Rights Ashneel Sudhakar, Fiji Chamber of Commerce secretary Ana Tuiketei, Government MP Alivereti Nabulivou, SODELPA Opposition MPs Semesa Karavaki and Mikaele...
Photo: Arieta Vakasukawa­qa From left: Government MP Mataiasi Akoula, Standing Committee chair on Justice, Law and Human Rights Ashneel Sudhakar, Fiji Chamber of Commerce secretary Ana Tuiketei, Government MP Alivereti Nabulivou, SODELPA Opposition MPs Semesa Karavaki and Mikaele...

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