International Arbitration Bill 2017 good legislation, says CJ
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.