It's been a month since Elkinson took on the role of CIArb president and one thing he is really enthusiastic about is CIArb's training. "Our training is second to none. The feedback I get from people all over the world who have taken our courses is that they find them immensely enjoyable, educational and value for money."

Born in Ireland, Elkinson graduated from Trinity College Dublin and Kings' Inns Dublin with three law degrees. After practising as a barrister in Ireland and then Hong Kong, he moved to Bermuda in 1988.

His practice is in commercial litigation, arbitration and mediation. He specialises in banking, trusts, insurance and reinsurance, construction, administration law, telecommunications and energy. Referenced in all the leading legal directories, he is a partner in one of the world's leading offshore law firms, Conyers Dill and Pearman. So what does he see as the main challenges in the year ahead?

"Maintaining membership in the Institute in the current economic climate is going to be a big challenge this year," he says. "It is essential for members to be satisfied that CIArb does something for them and is relevant to them."

Elkinson also wants to address the needs of the branches and their members, which are as diverse as the branches themselves. "What they all have in common is that branch and chapter members don't get paid for the work they do, it is all voluntary," he says. Having been Chairman of the Bermuda Branch for a number of years, he is keen to ensure a reciprocal understanding between HQ and the branches, so that branches work better, are able to relay to HQ what their needs are, whilst acknowledging that there are limits to what HQ can do for them.

CIArb's academic research is another area that Elkinson would like to build on. "The research we currently undertake remains a resource in development. I would like to see more expansion in this area, and in due course promotion of this side of the Institute's capabilities so that it will be an integral part of the benefits of membership and be part of the expansion of the Institute as a 'Learned Society'."

The international aspect of the role is something that Jeffrey is looking forward to, such as attending the ICCA Congress in Singapore in June, training in Hong Kong and a joint LCIA/ CIArb event in Rio de Janeiro in November. This isn't surprising, considering he is a member of the Bars of Ireland, Hong Kong, New South Wales, Bermuda, England and Wales, New York and the Eastern Caribbean Supreme Court.

"The world of international litigation and arbitration is a small one," he says. "Wherever I have worked, I have always found that there is a community of interest with those who work in the area of dispute resolution, be it litigation or arbitration, and I am fortunate to have made many good friends all over the world who share this interest. Many of the best in the field are members of the Institute and that adds another layer of common interest."

And finally, what is his vision of the future? "I would love to see the Institute go beyond its normal training locations and occasionally carry out training, perhaps on a 'pro bono' basis, in places where it would have immediate benefits to the people who live there, especially where the country has been ravaged by war or internal strife," he says.

"In such places, one of the first institutions that stops working properly or at all is the court system. The need for alternative dispute resolution is critical as disputes need resolution to secure peace and harmony; CIArb can give the relevant training and those who are trained can pass on the training to others."

He concludes: "This then would provide an interim measure and lay the groundwork for supplementing the court system as and when it resumes functioning. Hopefully the first of these initiatives will take place this year and the country identified and where contact has been made is Liberia - watch this space!"

London branch news.pdf

Abu Dhabi Inaugural Event for website.pdf

NORTH WEST BRANCH ANNUAL DINNER 2011 for website.pdf

Roseanna Cunningham, Minister for Community Safety and Legal Affairs met with Chapter chair Derek Auchie and representatives of the CIArb Northern Chapter on 27 September 2011 in Aberdeen. They were joined by Andrew MacKenzie, Chief Executive of the newly set up Scottish Arbitration Centre.

The new opportunities presented by the Arbitration (Scotland) Act 2010 and Scottish Arbitration Centre were discussed. These included an emphasis on confidentiality, the distinctive and mature Scottish legal system, and lower costs of arbitration which can be achieved in Scotland.

Feedback to the Chapter from Oil & Gas colleagues indicates a tradition of settling disputes in London via litigation and an assumption that arbitration is slow and expensive. SAC is working to change this perception now that Scotland has all the benefits of a modern statute underpinning arbitration.

The Minister very helpfully offered to support the chapter and SAC influence others to consider adopting arbitration to resolve disputes rather than litigation, and to do so in Scotland.

Thanks are due to Paull & Williamson for providing the venue for the meeting.

On October 21, the NAB also co-sponsored a symposium at the University of Missouri featuring internationally-renowned author-arbitrator Gary Born as keynote speaker. The symposium, "Border Skirmishes: The Intersection Between Litigation and International Commercial Arbitration," brought together speakers and attendees from fifteen countries in Europe, Asia, Africa and the Americas.

The NAB sponsored student writing competition in connection with the symposium, with the three top papers coming from the University of Cambridge (UK), the University of Missouri and Columbia Law School.

The NAB recently welcomed two new chapters. The Montreal/Ottowa Chapter is led by Jacques S. Darche as Interim Chair, assisted by Eric Ouimet in Montreal and Mandy Moore in Ottawa. The Rocky Mountain Chapter is led by Harry L. Arkin as Chair Emeritus, David B. Wilson as Chair, Stephen E. Smith as Vice Chair and James E. Nelson as Secretary.

In other chapter news, the Chicago Chapter hosted Lorraine Brennan, Managing Director of JAMS International, at a dinner meeting on November 14. Members of the Chicago Chapter will also be serving as arbitrators/judges for the Vis Mini-Moot on February 18 at Loyola University Law School. The Loyola Mini-Moot is sponsored by the NAB.

The D.C. Chapter had two programs recently. One, which was co-sponsored with CPR Institute and entitled "A Fresh Look at ADR for International Energy Construction Projects," was moderated by Judith Ittig, Chair of the D.C. Chapter. The second event was co-sponsored with the D.C. Bar's International Section and saw Professor Franco Ferrari discussing the selection of fora for international commercial arbitration.

In upcoming news, the Northern California chapter will help run the CIArb table at the 2012 Institute for Transnational Arbitration Winter Forum in San Francisco on 3 February. The NAB is acting as a sponsor of the event.

During my travels around the world I have been greatly encouraged by the level of enthusiasm and energy in the Branches of the Institute. In North America, East Asia, India, United Arab Emirates and in Europe great things are being achieved by the Chartered Institute Branches. The unique position of the CIArb as the only worldwide accreditation and learned society ADR body provides the opportunity for CIArb members young and old to gain value in their career development from the qualification of Institute membership.

In the UK the Institute and its Branches are working hard to add value in the context of Domestic Alternative Dispute Resolution. Highlights of the year from a UK perspective were the establishment of the Derek Roebuck Lecture with the delivery of the inaugural lecture by Professor Roebuck himself; and the delivery of the Alexander Lecture by the Right Honourable Lord Phillips on the topic "Dallah at home and away".

The activities of the Institute as a learned society were greatly enhanced by two major Conferences. The first was in Sydney in May, which was a Regional Arbitration Conference supported by the North American, East Asia, Malaysian, Singapore, Indian and Australian Branches of the Institute. The second, in September in London on "Costs of International Arbitration" has provided a focus for debate on the subject arising from both the content of the Conference and the launch at the Conference of the CIArb Survey on the Costs of International Arbitration.

At an organisational level the Institute is undergoing an exciting process of renewal. The Board of Trustees with its new members from the UK and North America has already met in an atmosphere of positive enthusiasm. The choice of a new Director General for the Institute will be a critical one for the new year but I am confident of the success of the Institute moving forward in the performance of its world-wide role.

It has been a privilege to serve as the President of the Institute during 2011 and I welcome and wish all the very best to my successor, Jeffrey Elkinson of Bermuda who will be taking up the Presidential office for 2012.
Doug Jones AM FCIArb

We learnt that the Continents' new 'open for business' regulatory and investment outlook has meant an incredible increase in the popularity of arbitration: 90% of all major agreements emanating out of Latin America now have arbitration clauses.

Historically Latin America had been arbitration averse. Indeed a doctrine emerged, the Calvo doctrine: aliens doing business must to do so before local authorities. In the last 20 years however all has changed. International commercial arbitration has been embraced and so the various Latin American jurisdictions have wrestled with familiar arbitration issues.

Can only lawyers be arbitrators? The answer generally was that the profession is not restricted to lawyers. Can only local lawyers act as advocates in arbitrations? The answer generally was, depending upon choice of law, anyone can appear. What is the extent of judicial interference in the arbitral process? In answer, the Latin American trend was pro-arbitration with judicial interference curtailed.

The audience was delighted. Latin arbitration appeared to be in the fullest of youthful health. It had yet to be confounded by the difficulties of maturity: no-one mentioned how expensive arbitration is in Latin America.

It goes without saying that the developing markets are the future of international commercial arbitration. We, the London branch, have held seminars on India, Africa and now Latin America. There is still a lot of ground to cover.

Our thanks go to all of the speakers: Renato Grion, formerly of the Paris ICC, who set the scene and for his analysis of Brazilian arbitration; Professors Gómez and Escobar, for both their practical and academic insight into Latin American arbitration, with their focus on Venezuela and Chile respectively; and Sandra Gonzalez, who nothwithstanding her mild laryngitis brought on by the English weather, gave a tour de force review of Paraguay and Uruguay.

By Paul Rose BSc DipArb FRICS FCIArb

The course ran from the 22 to the 24 of July 2011 and held at the Gorrilla Hotel, Gisenyi, Rwanda, a border town about four hours drive from the capital Kigali.

The four hour drive took us though very sharp bends with high hills on one side and very deep valleys on the other. It was quite scary and with the speed of the chartered bus in which we travelled, I didn't dare dose off a bit! But it's a good thing I didn't, otherwise I would have missed most of the beauty and would never have understood why it is called the country of a thousand hills. The hotel was a ten minute walk to the border of the Democratic Republic of Congo.

Three tutors were sent from the Nigeria Branch to run the program, namely:

• Mrs. Olufunke Adekoya SAN, FCIArb, Chartered Arbitrator
• Mr. Olatunde Busari FCIArb, Chartered Arbitrator
• Mrs. Olusola Adegbonmire FCIArb, Chartered Arbitrator

The Head of the team, Olufunke Adekoya, is the current Chair of the Nigeria Branch of the CIArb.

The Private Sector Federation of Rwanda presented 40 participants for the course made up of men and women from different sectors of the Rwandan economy including engineers, architects, bankers, insurers and lawyers. This will serve the purpose of creating a large and diverse pool of arbitrators to appoint from whatever areas of enterprise disputes may arise in.

The response from participants was very encouraging and many indicated that they enjoyed and learnt a lot from the course. They further expressed their interest in further training in Arbitration and the opportunity to progress to the next levels of training by CIArb, which would take them all the way to becoming Fellows of the Chartered Institute of Arbitrators.

Report by Olusola Adegbonmire FCIArb

The conference was a huge success, welcoming more than 400 delegates from Guangdong, Shenzhen and Hong Kong. The event brought together in-house counsel, lawyers, and arbitration practitioners as well as prominent officials such as the Deputy Secretary of Shenzhen City Government; the Deputy Director General of the Department of Treaty & Law, Ministry of Commerce, PRC; the Vice Chairman of the State-Owned Assets Supervision and Administration Commission of Guangdong Province Government; and even judges from the Beijing Supreme People's Court Civil Court and Shenzhen Intermediate People's Court.

The aim of the conference was to discuss the various issues involved when Chinese Enterprises, whether state-owned or privately-owned, do business or raise capital in overseas markets and how they should tackle those risks and take precautionary steps in dealing with disputes that may arise.

Supporting organizations at this Conference included inter alia Guangdong Lawyers Association, Shenzhen Lawyers Association, the Hong Kong Bar Association, the Law Society of Hong Kong, the Hong Kong Institute of Chartered Secretaries and so on.

The Conference was divided into three sessions by looking at the theme from three different perspectives (i) from the corporation's perspective (ii) from lawyers' perspective and (iii) from arbitration practitioners' perspective.

Highlights of the event included interesting presentations from in house counsel of very big Chinese Enterprises such as ZTE Corporation, Ping An Insurance (Group) Company of China, Ltd, China Merchants Group Company Ltd, China Southern Airline Company Ltd and so on about what problems were being faced by enterprises going outside China and doing businesses globally.

It was then followed by an informative sharing session by various renowned lawyers coming from King & Wood, Zhong Lun, Simmons and Simmons, Holman Fenwick & Willan on how they would advise their clients in dealing with various problems and issues including merger and acquisition, procurement and drafting of contracts.

In the last session, speakers from CEITAC, CIArb, and judges spoke about arbitration as the most recognized mechanism in resolving international trade disputes and how to consider various arbitral institutions such as CIETAC, HKIAC and so on, as well as the current trend of enforcement of international arbitration awards in the PRC courts.

The event signifies the close collaboration and cooperation between CIArb (EAB) and CEITAC South China Sub-Commission. Many delegates from the Mainland expressed tremendous interest in knowing more about the Chartered Institute of Arbitrators and in taking part in courses to be held there with the aim of becoming an arbitration professional.

IDRS Ltd administers a range of schemes for the resolution of consumer complaints (including the CISAS scheme for communications disputes and the POSTRS scheme for postal consumers), as well as handling commercial disputes between businesses and public sector organisations. The move will see IDRS Ltd added as a going-concern to CEDR Services Ltd (CEDR's commercial arm) while CIArb will be able to concentrate on its core business as a Chartered professional and membership body.

CIArb and CEDR envisage the sale as the beginning of a closer and mutually-beneficial relationship between both organisations and have agreed to cooperate in the area of research on dispute resolution techniques. Together, they will look to further develop this relationship for the benefit of the mediation community and the maintenance of the highest standards across the profession, including the provision of professional development opportunities and events.

Michael Forbes Smith, CIArb's Director General said "I am convinced that this move will prove beneficial to both organisations and to our many satisfied clients who have been served so well by IDRS. It allow us to concentrate on our core mission to promote and facilitate alternative dispute resolution throughout the world and we look forward to working with CEDR to create further opportunities for our research and thought leadership roles".

Dr Karl Mackie CBE, Chief Executive of CEDR commented "The acquisition of IDRS complements CEDR Solve's services, traditionally in high-profile commercial business disputes, which have also recently expanded into consumer and public body adjudication services. We value the collaborative relationship which has developed between us over these discussions and are enthusiastic about taking this forward in the future."

Both organisations look forward to cooperating over research that will further both CIArb's responsibilities as a learned society and CEDR's continuing focus as a conflict management foundation on innovation in dispute approaches, to provide thought leadership and promote the understanding of the advantages of mediation to business and the community at large. To this end, CIArb and CEDR are planning to co-host a joint mediation-focused event in early 2012 on the theme of the future for research into ADR.

The sale of IDRS Ltd was completed on 8 November 2011. The IDRS employees currently located in their own offices in City Road, Islington, will move to CEDR's offices in Fleet Street in the City of London at the start of 2012.

For further information, please contact:

Sarah Ball
Marketing & Communications Manager
Chartered Institute of Arbitrators
E: sball@ciarb.org
T: +44 (0)20 7421 7488
W: www.ciarb.org

ENDS

NOTES TO EDITORS

The City Disputes Panel and the administration of CIArb's presidential appointments, which has been carried out by IDRS limited since 2007, will revert to CIArb on the sale of the Company.

IDRS
IDRS is one of the UK's leading dispute resolution providers offering mediation, conciliation, adjudication, early neutral evaluation and arbitration services, and more in the UK and overseas

IDRS deliver professional, accessible and effective dispute resolution services with independence, integrity and impartiality for:

• Consumer redress markets in the UK
• Disputes between commercial businesses of any kind
• The UK Public Sector

The Chartered Institute of Arbitrators (CIArb)
CIArb is the world's leading professional membership body for arbitration and alternative dispute resolution. A not-for-profit organisation, CIArb promotes the use of alternative dispute resolution internationally through a membership of 12,000 professionally qualified members in more than 110 countries. In addition to providing education and training for arbitrators, mediators and adjudicators, CIArb acts as an international resource centre for practitioners, policy makers, academics and those in business concerned with the cost-effective and early settlement of disputes.
www.ciarb.org

The Centre for Effective Dispute Resolution (CEDR)
CEDR is a leader in the development of neutral-assisted dispute resolution. It is a non-profit organisation and its mission is to encourage and develop cost effective dispute prevention and dispute resolution in commercial and public sector disputes and in civil litigation. CEDR operates in the UK and internationally and has been instrumental in helping to bring mediation into the heart of business practice and into judicial systems. CEDR Mediator Accreditation is recognised as an international standard.

CEDR Solve, one of Europe's largest commercial mediation providers, is CEDR's dispute resolution and prevention service and has managed over 17,000 dispute cases covering every industry sector and a wide-raging cross section of disputes and case values. More information is available on CEDR's websites www.cedrsolve.com and www.cedr.com.

Speaking at the sell-out 4th Mediation Symposium in London run by the Chartered Institute of Arbitrators (CIArb), Genn commented that the government's drive to push parties into mediation reflects a 'jaundiced view of law', and threatens to prevent people from gaining access to justice.

'Mediation may be about access, but it is not about justice', she argued. 'Mediators aren't there to protect the interest of any party.' She went on to say that while mediators aim to facilitate a settlement, they do not provide access to justice.

Genn pointed to research which has shown that while there are high levels of satisfaction amongst volunteers using mediation, parties do not like to feel pressured into making a settlement, and that while successful mediation can reduce costs, unsuccessful mediation can actually increase them.

Stressing that she views ADR methods as a 'valuable supplement to a well-functioning justice system', Genn argued that parties should not be forced into mandatory mediation and that this should not form the basis of legal reform.

This resistance to mandatory mediation was echoed by speakers throughout the event at Allen & Overy's LLP's offices in London. Entitled 'Mediation 2020 plus ça change?', the event focused on the future of mediation, exploring how the industry might develop over the next 10 years.

Keynote speaker Mr Justice Ramsey also argued that introducing mandatory mediation would be unwise, stating that 'the essence of mediation is that it should be voluntary'. Ramsey J further commented that there is a need for mediation to assert itself as a form of dispute resolution in its own right, so that it will no longer be seen as 'the best of a bad bunch' in terms of dispute resolution.

Ramsey J also argued strongly against introducing a Mediation Act to regulate mediation: 'We should avoid having a Mediation Act - we should keep an eye on the fundamentals as these are essential to mediation and would be eroded if we went down a statutory route.'

These thoughts were supported by CEDR's Chief Executive Karl Mackie OBE FCIArb, who argued that mediation is a field which is still in development, and that to impose regulations at such an early stage would be potentially 'dangerous'.

The morning's discussions on the future of mediation were followed by a range of practical, interactive workshops exploring topics including reality testing, workplace mediation, improvisation skills for mediators and whether cultural differences should be accounted for in mediation.

The symposium was attended by over 100 mediation practitioners, academics and members of the judiciary and legal profession who gathered in London to network and exchange views on topical issues of interest to the mediation community.

Tony Marks CIArb's Director of Legal Services said: 'Our key note speakers gave the delegates plenty to debate. As CIArb has previously stated, statutory regulation of mediation is not favoured by the mediation profession. Nevertheless, we are keen to see mediators and mediation providers adopt a professional code of conduct to ensure high professional standards. We hope that renewal of this debate at the mediation symposium will encourage on-going discussion on the future of mediation as an evolving and dynamic ADR discipline.'

Photos from the event are available on request

For further information, please contact:

Catherine Mansfield
PR and Communications Executive
E: cmansfield@ciarb.org
T: +44 (0)20 7421 7473
W: www.ciarb.org

Sarah Ball
Marketing & Communications Manager
E: sball@ciarb.org
T: +44 (0)20 7421 7488
W: www.ciarb.org

ENDS

Speaking at the end of the first day of CIArb's Costs of International Arbitration Conference in London yesterday, Doug Jones said 'After today there is no doubt that costs are an issue for users of international arbitration. This conference is a step on the right path. There is going to be an ongoing exercise in transparency in arbitration costs from now on, building on what we know already.

The key issue arising from the conference is the need for flexibility of process, designed to produce the most suitable process for each dispute. In doing so, international arbitrators need to have a toolkit of processes which can be deployed as appropriate. Various potential 'tools' have already been identified. For example, the evidence should be tailored to suit the resolution of the dispute; parties should concentrate only on the key information needed to resolve the dispute; experts should be efficiently deployed; and the hearing must be effectively organised.

Key to the process is a need to gain a deeper understanding of the issues early on in a particular dispute, in order to design processes to fairly and expeditiously resolve those issues.'

The first day of the two-day conference also saw the launch of CIArb's survey into the costs of international arbitration. The survey was completed by practising arbitrators and lawyers from five continents and includes information on 254 arbitrations conducted between 1991 and 2010.

Amongst other findings, the survey results indicate that the costs of international arbitration vary depending on where the arbitration takes place, with the UK as the most commonly chosen arbitral seat for survey respondents. Claimant costs noted in this survey averaged nearly 10% higher in the rest of Europe compared with in the UK, while external legal fees were over 26% higher in the rest of Europe. Common costs, such as arbitrators' fees, were reportedly over 18% higher in Europe than in the UK. Furthermore party costs were returned as around 13% higher in civil law countries than common law countries.

The survey results also showed that claimants spent 12% more than respondents, and that the average length of an arbitration was between 17 and 20 months.

According to the survey, 62% of arbitral proceedings were administered by an institution, with the ICC appearing as the most popular choice for institutional arbitrations.

Humphrey Lloyd FCIArb, Chair of the Conference Organising Committee said 'CIArb's survey has produced much needed data about international arbitration and its costs. It provides us with a better understanding of what is involved and should pave the way for further investigations, since, like many surveys, the results need to be studied with care and its limitations must be recognised.'

The conference - which yesterday welcomed over 100 delegates from the UK, Europe, the US, China, Hong Kong, Singapore, and Australia, amongst others - brought experts in international arbitration together to explore the new data and to discuss how and why costs are incurred with a view to finding ways of making the international arbitration process more efficient and cost effective.

Key speakers include Peter J. Rees (Royal Dutch Shell plc); Michael Schneider (LALIVE, and President of the ASA); Constantine Partasides (Freshfields Bruckhaus Deringer LLP); and David Brynmor Thomas (Thirty-Nine Essex Street).

The conference continues today.

Michael has taken forward the development of the Institute under its new Royal Charter of 2005 with energy, commitment and a dedicated pursuit of the organisation's best interests. During Michael's tenure both the international membership and the activities of the Institute have grown substantially. New Branches have been established in the Bahamas, the Caribbean, India, Mauritius, Singapore and South Africa. Our membership now stands at 12,200 grouped in 68 Branches and Chapters in 37 countries and placing the Institute at the forefront of the international development of ADR.

The major administrative re-organisation of the Institute's Executive team that Michael carried out in 2008 has paid dividends in increased outputs across all facets of the Institute's activities. The new marketing team has significantly increased our public profile through for example our new website and members' magazine 'The Resolver'. Our in-house events team is enhancing our academic and professional standing most recently demonstrated by our highly successful Asia Pacific Conference in Sydney in May this year.

The Mediation Fellowship launched in 2008 took the Institute's support and encouragement of mediation to a new level as have the annual Mediation Symposiums, now a major event in the mediation calendar. Even as these initiatives have been introduced, the Institute has remained on a firm financial footing with our net assets increasing by almost 25% over the past five years.

Michael has indicated his wish to retire around the completion of six years service having steered the Institute through the implementation of the governance review carried out this spring, which he believes will be a further important step forward as the Institute continues to advance and "promote and facilitate worldwide the determination of disputes by arbitration and alternative means of private dispute resolution" through the second decade of the 21st Century.

Michael will be leaving CIArb in early 2012 and is working with the Institute to identify a suitable successor by that time.

Commenting on his forthcoming departure, Michael said: "I am proud to have been the leader of this outstanding organisation for nearly 6 years and should like to thank all those who have been so supportive and helpful in my efforts to take forward the objectives of our Royal Charter internationally. I have been so impressed by the energy and dedication of all our branches across the globe. I would also like to express my deep gratitude to all the staff at 12 Bloomsbury Square. It is through their loyalty and commitment that we have been able to achieve what we have over the past years."

The institute wishes to express its appreciation and thanks to Michael for his steadfast leadership and commitment to the Chartered Institute of Arbitrators throughout his tenure and wishes him every happiness in his retirement.