INTERNATIONAL ARBITRATION 1/3LY
IN CONVERSATION WITH NASSIB ZIADÉ 11
IN CONVERSATION WITH NASSIB ZIADÉ BAHRAIN CHAMBER FOR DISPUTE RESOLUTION
Alec Emmerson and Nassif BouMalhab, Consultant and Partner at Clyde & Co LLP, in conversation with Prof. Nassib Ziadé, Chief Executive Officer of the Bahrain Chamber for Dispute Resolution
BCDR-AAA: VISION, REPUTATION, EDUCATION AND CELEBRATION
ALEC That’s fantastic; there’s general agreement in the international arbitration community that judges in the Middle East would benefit from more education and training about arbitration, particularly around enforcement issues. NASSIB Yes, we’re considering providing continued professional education and training programmes for both judges and practitioners. We’re discussing creation of an institute, associated with BCDR, to provide education in the region on international arbitration, and international law more generally. The premise is that it would perform a function similar to that of the Paris-based International Academy for Arbitration Law (Arbitration Academy), or even The Hague Academy of International Law. These education initiatives are a demonstration of my deeply- held belief that if there are any future battles in the region, they will be legal in nature; so, we should strive to spread legal education, and let the rule of law determine the outcome. We’re also about to launch a specialised BCDR law journal, which will be published by Kluwer. Each issue will deal with one topic, and one topic only, so we can delve deeply into the chosen subject matter. The first issue is planned for early September and will cover the classic issue of ‘Recognition and enforcement of foreign arbitral awards in the Gulf region’. The topic for the second issue is less commonplace, entitled ‘Women’s voices in international arbitration’, and all contributions will be exclusively authored by women on issues of reform in arbitration. I’d also like to do an issue on conflicts, to coincide with the IBA’s completion of its review of its Guidelines on Conflicts of Interest in International Arbitration. Culturally, I also think it’s time to start honouring Arab practitioners who promote arbitration in the field; and BCDR’s first annual event will honour Dr. Ahmed El-Kosheri.
ALEC Congratulations on your relatively recent appointment as CEO of the Bahrain Chamber for Dispute Resolution (BCDR- AAA). Looking forward, what are your plans? NASSIB My first goal is to attract international arbitration and mediation cases under Section 2 of the BCDR’s constitutive legislation. BCDR can hear two types of arbitrations: those under Section 1 are statutory arbitrations – referred by the Bahraini Courts because the amount in dispute is over a half million Bahraini dinars (approximately USD 1.3 million); and those under Section 2 are contractual arbitrations between parties. We currently have over 100 cases registered under Section 1, and our aim is to continue improving their administration to bring them in line with international standards and best practices. Another objective is to continue promoting BCDR-AAA (both locally and internationally) through initiatives, such as international conferences on dispute settlement mechanisms in Bahrain. For example, in early March 2015, we’re co-hosting a conference in association with the International Federation of Commercial Arbitration Institutions (IFCAI). We also aim to enhance the reputation of BCDR-AAA as a centre of learning and education. Indeed, we recently [May 2014] co- hosted an event with the International Council for Commercial Arbitration (ICCA) that brought together Arab judges from 13 different countries to look at the way the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards is applied and implemented in the region.
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