INTERNATIONAL ARBITRATION 1/3LY
IN CONVERSATION WITH NEIL K APL AN CBE QC SBS 03
IN CONVERS AT ION WI TH NE IL K APL AN CBE QC SBS INTERNAT IONAL ARBI TRATOR Beth Cubitt, Partner at Clyde & Co, in conversation with Neil Kaplan, International Arbitrator.
A K E Y F I GURE IN A RB I T R AT I ON : HOW I T A L L BEG A N
BE TH So who do you consider to have been your role models in arbitration over the years? NE IL I suppose if there’s anybodywho got me really interested in arbitration it would be David Hunter, the first chairman of the HKIAC. He wasmy immediate predecessor andwas also inmy chambers in London in the 1960s. He was a lovelyman and a very keen arbitrator. We worked together on setting up the HKIAC.
BE TH You have been recognised as a key figure in international arbitration for a long time. Howdid you develop an interest or become involved in arbitration? NE IL I startedmy 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 intomy roomand said, “Sign here” and showedme an application to become a Fellow of the Chartered Institute of Arbitrators. I replied, “I don’t knowanything 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 invitedme into the roomandwelcomedme as the next Fellow of the Chartered Institute. I said, “Don’t youwant to askme any questions?” and they said, “Oh no, we knowyou barristers knowall about arbitration!”. I left for Hong Kong at the very end of 1980. Arbitrationwas 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 newand 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 involvedwith 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 1987when the ICC askedme to chair the first ever ICC arbitration in Korea.
DE V EL OPMEN T S IN IN T ERN AT I ON A L
A RB I T R AT I ON : C URREN T I S SUE S IN PROCEDURE S
BE TH As someone who has been instrumental in driving arbitration in Hong Kong, youmust have seen the practice go throughmany developments. What would you likemost to change about international arbitration? NE IL I think the appointment systemwhich 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 fieldwith themultiple appointments that some arbitrators get, which leads to thembeing labelled as either ‘pro state’ or ‘pro investor’. I amquite uncomfortable about all the research that lawyers do to look at whether an arbitrator is pro this or anti that.
Made with FlippingBook Online newsletter