Negotiations could result in Island becoming major arbitration centre
The London Court of International Arbitration (LCIA), one of the leading arbitration bodies in the world, has just announced that their North American Annual Conference will bring some 350 people to Bermuda at the Princess Hotel next June.
And the Chartered Institute of Arbitrators, a UK-based world governing body, is being courted by a local lawyer to set up a Bermuda-based branch. Mr.
Jeffrey Elkinson, an attorney for Conyers, Dill & Pearman, is leading negotiations that could result in Bermuda rivalling London, and Hong Kong as major arbitration centres.
The Bermuda International Business Association's committee on international arbitration is making a number of marketing efforts to promote Bermuda as a jurisdiction for arbitration, as local lawyers continue to upgrade their arbitration qualifications.
Appleby, Spurling & Kempe partner Mr. Alan Dunch and AS&K's manager of the litigation department Mr. Kelvin Hastings-Smith, have just returned from a marketing effort for their firm.
They met with representatives of 30 top London law firms and 30 of their counterparts in North America, providing them with information about Bermuda as a domicile for international arbitration.
"We went in there and told them all about the Arbitration Act passed in 1993 and the efforts being made in Bermuda by law firms to raise the profile of Bermuda as a venue for international arbitration,'' said Mr. Hastings-Smith.
Arbitration hearings will be conducted initially at the Bermuda Insurance Institute, while a search is underway for a special centre for arbitration hearings in the long term.
Bermuda can be a useful alternative in the case of cross-border disputes, when parties may be averse to the case being heard in the rival's jurisdiction.
The model law in place in Bermuda would also be an attraction, because it is seen as the best legislation for arbitration, allowing access to the courts only in the case of fraud.
Although in many cases external lawyers would be used when the cases are heard in Bermuda, local lawyers believe there would be great opportunity for new business contacts for Bermuda. Local firms may also be able to provide ancillary services to the two sides, including access to Bermuda courts when necessary.
There would be a tourism element because parties to the case would spend time in Bermuda while the case is being heard.
In the US, the AS&K delegation met with 18 law firms in New York, 10 in Boston and 10 in Toronto. New York lawyers were automatically interested because of Bermuda's close proximity and the issue of jurisdictional neutrality.
One example is a dispute between two New York banks, which already may be headed for the Island, because under the Act lawyers would be able to argue their case here without the cumbersome requirement of work permits.
Other disputes that can be heard here include problems arising between Canada and Mexico over the NAFTA agreement.
KELVIN HASTINGS-SMITH -- Back from marketing trip.
