Modern arbitration laws crucial
Attorney General, Basil Williams
Attorney General, Basil Williams

…AG tells international commercial conference

GUYANA in preparing itself for an overwhelming increase in international transactions is creating a legal climate that is conducive to economic trade and investment, something Attorney General and Minister of Legal Affairs, Basil Williams, SC, believes is crucial now.

In light of Guyana’s upcoming oil and gas production here, Williams said the time is ripe to “promulgate modern arbitration laws to meet internationally acceptable standards.” He was at the time speaking at the third annual International Commercial Arbitration Conference being held for the first time in Guyana.

“The International Community’s growing attraction to Guyana and the bourgeoning interests of investors in the oil and gas sectors demand that our standards are tested and raised against the highest of benchmarks and the best standards of the international legal, business and dispute resolution community,” said the Attorney General.

President of the CCJ,Sir Dennis Byron

He noted that arbitration has traditionally been the preferred and accepted mode of resolving international disputes. “International Investment and commercial transactions alike generally favour the use of arbitration with the power of autonomy over process, the ability to negotiate your own clause and tailor the procedure of the arbitration as against the strict and often lengthy and costly court proceedings,” he explained.

Williams made it clear that countries which have a strong legal framework have always attracted investors while adding that with Guyana with its new found resource is no exception. As a result, he believes there is the need for greater capacity building while creating a legal environment that is “sound and investor friendly”.

“Nonetheless, this by no means alienates the role of the court in the arbitral process as ultimately, the court acts as gatekeeper for guaranteeing the integrity of the process,” Williams stated at the historic opening of the first ever international arbitration conference in Guyana.

The conference which is hosted by the Chartered Institute of Arbitrators in collaboration with the University of Guyana; the Caribbean International Chamber of Commerce; the International Center for the Settlement of Disputes; CARICOM; and the Dispute Resolution Center, saw participants from across the region and further afield.

“This conference marks a historic day in Guyana, most importantly for the strengthening of our legal and structural framework in the area of dispute resolution and in the development of conflict resolution as a whole.” Participants over the next few days will deliberate on ADR measures, Adjudication, Mediation and Arbitration, along with the fact that Guyana has court-assisted Mediation. Williams said Guyana welcomes the pursuit of other elements of alternative dispute resolution.

WILLPOWER of GOVERNMENT
The Attorney General stressed that the will-power of his government to create the right legal framework is the need to equip the Bar, State Counsel and business communities on the ability to effectively draft arbitral agreements and respond to the disputes that are often inevitable. He said too that the conference represents the first of many new beginnings and noted hopes that it fosters greater collaboration and training to develop human technical capacity in arbitration. Each stakeholder, Williams said, plays a critical role in ensuring that the needs of the country are best served.

Modernise arbitration framework
Meanwhile, President of the Trinidad-based Caribbean Court of Justice (CCJ) Sir Dennis Byron called upon legislators to modernize Guyana’s arbitration framework in light of heightened commercial activities coming here with the impending oil and gas sectors.
He posited that the “benefits the country will derive from this new development will depend to a large extent on whether the laws of the country can facilitate this development or not.”
The CCJ President said the hosting of the conference in Guyana is timely because of the oil and gas industries and the anticipated “explosion of international commercial activities” here which are a necessary consequence of the development of those industries. Sir Byron who was invited to give the keynote address during the lunch break, noted Guyana’s efforts to join the family of arbitration communities within the Caribbean, but urged that across the region there is need to focus on the importance of timeliness, and the efficiency in arbitration proceedings.

Participants gathered at the International Commercial Arbitration Conference Wednesday (Adrian Narine photo)

“I have been pushing the fort in our Region that the use of technology has to be at the heart of dispute resolution processes,” he stated while noting that arbitration is an area of dispute resolution where the access to justice is important.

The CCJ president stressed too the importance of developing resources and processes that would aid in boosting the standard of efficiency in the delivery of justice through the use of technology. The Judge pointed to the electronic filing of cases and case management and noted that the role of Advanced Performance Exponents (APEX), an agency sponsored by the CCJ to promote and advance standards and efficiency in the administration of justice in the Caribbean Community and specifically to help to utilise technology to improve justice delivery process.

Holding events like this which facilitate training and information dissemination strengthen the benchmarks of the region and promotes a healthy level of respect for the processes of arbitration across the region.

Use of technology
In response to a question posed by Guyana Chronicle on the use of court technology, the CCJ president said court technology over the years has become an important element in improving the quality of justice delivered globally. “I have been interested in promoting increased efficiency in all judicial administrative and I have thought that important tools to achieving that is the use of technology, case management…I was making the point that arbitration proceedings should also benefit from the same standards of efficiency, using appropriate management techniques supported by technology.”

Justice Byron said one of the important benefits of the arbitrary process is that it provides an opportunity for the timely and efficient dispute resolution of matters. CARICOM, he said, has been working assiduously on the development of modules for modernizing the law which could be replicated in each member state. He noted that the idea of arbitration and having international arbitration centres is catching on in the Region, while noting that there is need for the harmonization of laws which ought to be adopted across the board.

“Commercial International arbitration is commercial international arbitration,” he remarked while highlighting projects being conducted by IMPACT Justice and representatives of OHADAC, The Organisation for the Harmonisation of Business Law in the Caribbean.
OHADAC is a project on the harmonizing of business law in the broader Caribbean which is aimed at reducing legal constraints and consolidating economic integration. “I think it might be interesting for our practitioners and experts and academics in the Commonwealth Caribbean to see to what extent cooperative relationships could be enhanced.

I can assure you that at the CCJ we have tried to set the example and we have signed a cooperative agreement with OHADAC,” the CCJ president stated as he referenced calls for one regional arbitration centre.

The Chartered Institute of Arbitrators (CIArb) is a leading professional membership non-profit organisation which represents the interests of alternative dispute resolution (ADR) practitioners worldwide. It has over 15,000 members located across 133 countries

supporting the global promotion, facilitation and development of all forms of private dispute resolution worldwide. The Caribbean Branch of the Institute was formed in 2006 and is chaired by Shan Greer. It is committed to promoting acceptance and the use of Arbitration and ADR throughout the Region. An international arbitration centre is to be launched in Barbados soon. Several experienced arbitration academics and practitioners are participating in the three day conference being held at Duke Lodge, Kingston.

SHARE THIS ARTICLE :
Facebook
Twitter
WhatsApp

Leave a Comment

Your email address will not be published. Required fields are marked *

All our printed editions are available online
emblem3
Subscribe to the Guyana Chronicle.
Sign up to receive news and updates.
We respect your privacy.