Q & A WITH BETH CUBIT, TOM FRENCH, LUKE CARBON AND K ANAGA DHARMANANDA 43
Q What are the advantages of PCERA over other established arbitral institutions? A The advantages relate to PCERA’s dedicated focus to the energy and resources sectors and PCERA’s desire and commitment to proceed innovatively in relation to the resolution of disputes. Q Does PCERA solely cater for ad hoc arbitration? Can other arbitral rules be used in the PCERA arbitration? A PCERA hopes to be used for more thanmere ad hoc arbitrations andwouldwelcome the chance to administer arbitrations that are to be governed by other arbitral rules. Q Do you see any difficulties for foreign parties to contracts with Australian counterparts agreeing to have any disputes administered by PCERA arbitration in Perth? A Theremay at first blush be some notion that arbitration in Perth, to be administered by PCERA, somehowpresents as an advantage to an Australian party. On closer analysis, such a perceptionwould not sit comfortably with PCERA’s declared desire for a truly international panel fromwhich to drawarbitrators to be appointed, the eminence and unquestioned independence of PCERA’s advisory committee, and the reality of the utility of being close to the project in respect of which a dispute has arisen. In light of all of these factors, despite any initial reservations about using PCERA if a counterpart is an Australian party, I suspect that sophisticated parties will soon realise that it is the quality of the arbitration, and the arbitral tribunal itself, that will dictate the selection of an institution.
Q How does PCERA differ fromAustralia’s other institutions that administer arbitration? A There are currently three institutions in Australiawhich facilitate international and domestic arbitration, all based in Sydney. ACICA – the Australian Centre for International Commercial Arbitration – has been providing arbitration services since 1985 and administers cases under its own rules, which largelymirror the UNCITRAL Arbitration Rules. AMTAC – the AustralianMaritime and Transport Arbitration Commission – is a commission established by ACICA to provide specialised services and training for maritime and transport dispute resolution in the Asia Pacific region. It also has its own arbitration rules, which are similar to ACICA’s arbitration rules. IAMA – the Institution of Arbitrators andMediators Australia – has been providing dispute resolution services in Australia since 1975. It administers its own arbitration rules which are also similar to the UNCITRAL Arbitration Rules. PCERA differentiates itself from these three in that it is specifically designed for energy and resources disputes and heavilymarketsWestern Australia as a power house in the resources sector, with lawyers and judges that have state of the art expertise. Q Youmentioned a panel fromwhich arbitrators will be drawn? Is this already in place? And can parties appoint off-panel? A PCERA has approached a number of persons to confirm theywould be prepared to accept a PCERA appointment as arbitrator. Indeed, PCERA aims to have suitable candidates fromaround the globe, identified and signed onwith the assistance of its convenient advisory committee. Partiesmay, if theywish, appoint their own nominee in accordance with the relevant clause. Q D oes the centre offer its own rules adapted to energy disputes? A PCERA is presently considering the development of specific rules for particular types of dispute with energy and resources sector.
Q Are you originally fromPerth?What is your career background before you started this role? A While not born in Perth, Perth has been home for most of my life, with stints with the UN in Geneva, in Singapore, in Tokyo, and studies in the UK and the US. After roles in-house, and as a partner of a law firm, I have been at the bar since 2006. I have taught International Commercial Arbitration in the UniversityWestern Australian LawSchool for over a decade. Q What attractions does Perth have (of a non-legal nature) for a lawyer visiting to conduct an arbitration? A Perth (and the Southwest of StateWestern Australia) has long been famous for beautiful wineries, and stunning beaches. Following the resources boom, Perth is bustling with newbars, restaurants, shopping and cultural spaces. Perth is also home to Kings Park—one of the world’s largest inner city parks. Popular attractions include Cottesloe Beach, the port city of Fremantle, and Rottnest Island, which is just a short ferry ride away and offers beautiful beaches and cycling opportunities. For those who likemore cultural attractions, there is the Perth Cultural Centre, home to the Perth Institute of Contemporary Arts, theWest AustralianMuseum, the State Theatre Centre and the State Gallery. Q What will PCERA be doing to increase its name recognition internationally in the near future? A PCERA hopes to raise its profile incrementally andwith purpose. Conferences are planned and PCERA hopes to become involved in regional developments. There will be a conference later this year and an annual session to consider improvements in process and procedures.
A VERSION OF THIS ARTICLE WA S FIRST PUBLISHED IN GLOBAL ARBITRATION RE VIEW, JUNE 2015.
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