Bermuda to take the lead in solving business disputes
business disputes, according to a leading barrister.
Jeffrey Elkinson was speaking to a meeting of the Hamilton Rotary Club about arbitration and how it could become another Island industry.
Yesterday he revealed that the Bermuda College Stonington Campus had been selected to become the Island's International Commercial Arbitration Centre -- which could take business from around the world.
"The word needs to be spread that Bermuda has the infrastructure and facilities for the holding of international commercial arbitrations.
"By doing so I have little doubt that, in the next few years, demand will grow such that Bermuda will become an international commercial arbitration centre.
"The economy will benefit, the community will benefit and it will be an accepted fact that arbitration is one of Bermuda's industries,'' said Mr.
Elkinson.
According to Mr. Elkinson, a fellow of the Institute of Chartered Arbitrators, Bermuda is well placed to take advantage of other countries' shortcomings.
It has the Bermuda International Conciliation Act 1993 -- a Model Law shaped by the United Nations and adopted by countries around the world meaning a decision in Bermuda is binding in those countries.
In addition, Government does not insist on work permits for international lawyers coming to the Island to work on arbitrations.
Other places such as Singapore have complicated arbitration rules governing when local lawyers have to be employed and Hong Kong faces an uncertain future as it prepares to hand over sovereignty to China.
Mr. Elkinson said other countries such as Canada, Sweden, Finland, China, Malaysia and Japan have sought to make themselves international arbitration centres.
But he added that Bermuda had a good location, has an excellent business infrastructure, the Model Law and Government policy that allows easy access for lawyers and their clients.
The College also offers first class facilities in terms of its closeness to Hamilton, its two video conferencing centres and next-door hotel.
There is also extensive local expertise -- with 32 members of the Chartered Institute of Arbitrators Bermuda branch and the Bermuda Mediation and Arbitration Centre.
"These will make what is hoped to be a new industry for Bermuda in terms of attracting new visitors to the Island, albeit working visitors, with the consequential additional revenue and enhancement of Bermuda's image in the realm of offshore jurisdictions,'' said Mr. Elkinson.
