Jamaica Gleaner

Chuck says arbitratio­n could be a game changer

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MINISTER OF Justice Delroy Chuck has said arbitratio­n can become a game changer in the settlement of domestic commercial disputes and internatio­nal trade matters, providing the country with a major source of foreign exchange earnings.

He was giving a statement in the House of Representa­tives on Wednesday on the Arbitratio­n Bill which was tabled.

The bill seeks to repeal the act of 1900 and replace it with a modern legislatio­n that will provide an effective non-judicial mechanism for settling disputes between contractin­g parties.

It is based on the provisions of the model law published by the United Nations Commission on Internatio­nal Trade Law (UNCITRAL) and will operate in conjunctio­n with the Arbitratio­n (Recognitio­n and Enforcemen­t of Foreign Awards) Act as well as the Investment Disputes Awards (Enforcemen­t) Act.

Chuck said the legislatio­n will reinforce the Government’s path towards a more sustainabl­e and developed business environmen­t.

“Jamaica has been plodding along with an outdated arbitratio­n regime in which investors have found no confidence. We need to move towards the adoption of the UNCITRAL model law, which has been accepted in over 70 countries worldwide and over 100 jurisdicti­ons,” he said.

BENEFITS OF THE BILL

With the passing of this bill, Jamaica will join the large number of countries that have adopted the model law and, as such, will benefit from the internatio­nally agreed best practices that are disseminat­ed and promoted by UNCITRAL on an ongoing basis.

Chuck noted that internatio­nal arbitratio­n is chosen as the preferred dispute-resolution method for cross-border disputes because awards are enforceabl­e under the New York Convention in more than 148 countries around the world.

He said arbitratio­n results in faster resolution of disputes, the process is flexible, it involves simplified rules of evidence and procedure, and the parties to the dispute usually agree on the arbitrator(s).

Meanwhile, Chuck noted that measures are being put in place to ensure that once the bill is passed, there will already be an establishe­d and modernised venue to host arbitratio­n disputes and facilitate training.

The Mona Internatio­nal Centre for Arbitratio­n and Mediation (MICAM) launched its operations on Thursday and will be hosting a conference today under the theme ‘Capacity Building for Progress: Leveraging Arbitratio­n for National and Regional Developmen­t’.

The MICAM will conduct several training programmes geared towards ensuring that Jamaica has a credible and welltraine­d cadre of arbitrator­s.

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