Mona Law Series

MONA LAW SERIES

Modernising the Framework for Arbitration in Jamaica – Indentifying the Imperatives and Crafting an Implementable Plan of Action

Overview

This Seminar/Workshop is intended to have significant implications for economic development in Jamaica as well as identifiable benefits for the University of the West (UWI) in general and the Faculty of Law (FOL) in particular.

Chair: Dr. Derrick McKoy

Senior Lecturer, FOL Mona

Panellists: Mr. Maurice Stoppi, CD, FCIArb.

Leading Arbitrator

Mr. C. Dennis Morrison

Judge of Appeal

Dr. Emilia Onyema, FCIArb.

Lecturer, School of Oriental and African Studies, University of London

Dr. Christopher Malcolm, MCIArb.

Lecturer, FOL Mona

Mr. Albert Edwards

Chief Parliamentary Counsel

Date: February 18, 2010

Venue: Mona Visitor’s Lodge, UWI Mona Campus

Background and Objectives

The legal basis for arbitration in Jamaica is the Arbitration Act, 1900. Since enactment, this law has been in force without any significant amendment.1 It is limited in scope and domestic arbitration has had to rely on a number of international rules, such as the ICC Rules and the UNCITRAL Rules.

The limitations of the Arbitration Act have become more pronounced over time and all persons having an interest in arbitration are in agreement that urgent reform in the legislation and the practice environment more generally is necessary.

This Seminar/Workshop has been conceived with the foregoing in mind. Furthermore, the Seminar would have the blessing of the current Minister of Justice and Attorney-General, who has publicly stated her intention to support attempts to modernise the arbitration regime.

The Seminar is intended to distil the imperatives and to thereafter formulate/assist in the formulation of a concrete plan of action. This plan will include the crating/improvement of outline drafting instructions to achieve the intended outcome of modernisation.

With support of the Chief Parliamentary Counsel, it is anticipated that this Seminar will assist the drafting of a modern Arbitration Law for earliest implementation. When implemented, this new law will enable Jamaica to market itself as a progressive jurisdiction for arbitration. It will then become possible for Jamaica to attract international funding as well as institutional support for arbitration. With this impetus, Jamaica could then develop as a viable arbitration centre.

Panellists

Maurice Stoppi is a Fellow of the Chartered Institute of Arbitrators (FCIArb.). He is considered to be among the leading construction arbitration practitioner in the commonwealth Caribbean. Maurice has gained international notoriety and has already published two books in the field. A third Stoppi book will be launched during the Seminar.

Dennis Morrison is a Judge of Appeal who has had significant experience in the field of arbitration. He has had significant academic involvement is and properly described as a pre- eminent practitioner/academic who now functions as a jurist.

Albert Edwards is the Chief Parliamentary Counsel for Jamaica. He is an experienced draftsman and would be a linchpin in any attempts to modernise the legislation governing the practice of arbitration in Jamaica.

1 The Arbitration Act had minor revisions in 1969 and again in 1973 but has not been updated since. Emilia Onyema is a Fellow of the Chartered Institute of Arbitrators (FCIArb.) who now lectures at the School of Oriental and African Studies, University of London. Emilia teaches Commercial Arbitration as well as aspects of International Commercial Law. She has published extensively and has also presented major conference papers in the field of arbitration.

Christopher Malcolm is a Member of the Chartered Institute of Arbitrators (MCIArb.) who now lectures in the Faculty of Law – Mona. He has significant interest in the field of arbitration and has just completed the Jamaica Chapter for the forthcoming edition of the World Arbitration Reporter (WAR), with assistance from Lowel Morgan. WAR is the premier source for persons interested in the law and practice of international arbitration.

Derrick McKoy is Senior Lecturer, Faculty of Law – Mona. He has had significant involvement in the field of Public Law, including as Contractor General and now Chairman of the Fair Trading Commission. As a practitioner/academic, Derrick has had intimate involvement with Arbitration and ADR and his outlook is regional.