INTERNATIONAL ARBITRATION 1/3LY
IN CONVERSATION WITH NEIL KAPLAN CBE QC SBS 03
IN CONVERSATION WITH NEIL KAPLAN CBE QC SBS INTERNATIONAL ARBITRATOR Beth Cubitt, Partner at Clyde & Co, in conversation with Neil Kaplan, International Arbitrator.
A KEY FIGURE IN ARBITRATION: HOW IT ALL BEGAN
BETH So who do you consider to have been your role models in arbitration over the years? NEIL I suppose if there’s anybody who got me really interested in arbitration it would be David Hunter, the first chairman of the HKIAC. He was my immediate predecessor and was also in my chambers in London in the 1960s. He was a lovely man and a very keen arbitrator. We worked together on setting up the HKIAC.
BETH You have been recognised as a key figure in international arbitration for a long time. How did you develop an interest or become involved in arbitration? NEIL I started my career as a barrister in 1965 and became interested in arbitration after being introduced to the Chartered Institute of Arbitrators (CIArb) by one of my pupils in 1978. He came into my room and said, “Sign here” and showed me an application to become a Fellow of the Chartered Institute of Arbitrators. I replied, “I don’t know anything about arbitration!”, and he said “Oh, don’t worry; it’s a good career move”. So I signed it. Two weeks later I was interviewed by two elderly gentlemen from the Chartered Institute. They invited me into the room and welcomed me as the next Fellow of the Chartered Institute. I said, “Don’t you want to ask me any questions?” and they said, “Oh no, we know you barristers know all about arbitration!”. I left for Hong Kong at the very end of 1980. Arbitration was then a big topic in Hong Kong. The Arbitration Act at that time was an Ordinance based on the English Arbitration Act 1950. The Attorney General, a friend of mine, wanted to amend it into something new and advanced, similar to what they had in England. The Attorney General set up a sub-committee to look at the viability of setting up an arbitration centre. I got involved with the committee and ended up as Chairman of the Hong Kong International Arbitration Centre (“HKIAC”) in 1991. I was on the committee looking into the viability of adopting the UNCITRAL Model Law in Hong Kong. My first international arbitration came in 1987 when the ICC asked me to chair the first ever ICC arbitration in Korea.
DEVELOPMENTS IN INTERNATIONAL
ARBITRATION: CURRENT ISSUES IN PROCEDURES
BETH As someone who has been instrumental in driving arbitration in Hong Kong, you must have seen the practice go through many developments. What would you like most to change about international arbitration? NEIL I think the appointment system which applies at the moment can be improved. First of all, I don’t believe that any of the arbitrators should be of the same nationality as any of the parties. I’ve seen cases where arbitrators of the same nationality as one of the parties have been appointed and have had a clear bias towards that party. Fortunately, I have not encountered that scenario often, but I have seen it and I know that it happens, which is wrong. I think there is also a slight problem in the Bilateral Investment Treaty field with the multiple appointments that some arbitrators get, which leads to them being labelled as either ‘pro state’ or ‘pro investor’. I am quite uncomfortable about all the research that lawyers do to look at whether an arbitrator is pro this or anti that.
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