INTERNATIONAL ARBITRATION 1/3LY
IN CONVERSATION WITH NASSIB ZIADÉ 11
IN CONVERS AT ION WI TH NA SS IB Z I ADÉ BAHRA IN CHAMBER FOR DI SPUTE RESOLUT ION
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 - A A A : V I S I ON , REP U TAT I ON , EDUC AT I ON A ND CEL EBR AT I ON
ALEC That’s fantastic; there’s general agreement in the international arbitration community that judges in theMiddle East would benefit frommore education and training about arbitration, particularly around enforcement issues. NA SS IB Yes, we’re considering providing continued professional education and training programmes for both judges and practitioners. We’re discussing creation of an institute, associatedwith BCDR, to provide education in the region on international arbitration, and international lawmore generally. The premise is that it would performa 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, theywill be legal in nature; so, we should strive to spread legal education, and let the rule of lawdetermine the outcome. We’re also about to launch a specialised BCDR law journal, whichwill 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 andwill 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 bywomen 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? NA SS IB My first goal is toattract international arbitration andmediationcasesunder Section2of theBCDR’s constitutive legislation. BCDRcanhear two types of arbitrations: thoseunder Section1are statutoryarbitrations– referredby theBahraini Courtsbecause theamount indispute is over ahalfmillion Bahraini dinars (approximatelyUSD1.3million); and those under Section2are contractual arbitrationsbetweenparties. We currentlyhaveover 100cases registeredunder Section1, andour aim is to continue improving their administration tobring them in linewith international standards andbest 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 earlyMarch 2015, we’re co-hosting a conference in associationwith 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 from13 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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