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Journal Article ARBITRATION The International Journal of Arbitration, Mediation and Dispute Management Volume 83 Issue 2 May 2017 ISSN: 0003–7877 Editorial Board Dr Michael O’Reilly Editor Professor Derek Roebuck Editor Emeritus Senior Research Fellow, Institute of Advanced Legal Studies, University of London Dr Gordon Blanke, Book Review Editor Partner, DWF (Middle East) LLP (International Commercial and Investment Arbitration), DIFC, Dubai, UAE Dominique Brown-Berset Attorney-at-Law, Partner, Brown and Page, Geneva Hew R. Dundas Chartered Arbitrator Arthur Harverd Chartered Accountant and Chartered Arbitrator, London Julio César Betancourt Academic Visitor, University of Oxford and University of Salamanca Dr Colin Y.C. Ong QC Barrister; Dr Colin Ong Legal Services, Brunei and Associate Member, Stone Chambers, London This volume should be cited as (2017) 83 Arbitration. The International Journal of Arbitration, Mediation and Dispute Management is published by Thomson Reuters (Professional) UK Limited, trading as Sweet & Maxwell. Registered in England & Wales, Company No.1679046. Registered Office and address for service: 5 Canada Square, Canary Wharf, London, E14 5AQ. For further information on our products and services, visit: http://www.sweetandmaxwell.co.uk. Computerset by Sweet & Maxwell. Printed and bound in Great Britain by Hobbs the Printers Ltd, Totton, Hampshire. No natural forests were destroyed to make this product; only farmed timber was used and replanted. Copies of articles from The International Journal of Arbitration, Mediation and Dispute Management, and other articles, cases and related materials, can be obtained from DocDel at Sweet & Maxwell’s Yorkshire office. Current rates are: £7.50 + copyright charge + VAT per item for orders by post, DX and email. Fax delivery is guaranteed within 15 minutes of request and is charged at an additional £1.25 per page (£2.35 per page outside the UK). For full details, and how to order, please contact DocDel on Tel: 01422 888 019. Fax: 01422 888 001. Email: [email protected]. Go to: http://www.sweetandmaxwell.co.uk/our-businesses/docdel.aspx. Please note that all other enquiries should be directed to Customer Support (Email: [email protected]; Tel: 0345 600 9355). Orders by email to: [email protected]. Thomson Reuters and the Thomson Reuters Logo are trademarks of Thomson Reuters. Sweet & Maxwell® is a registered trademark of Thomson Reuters (Professional) UK Limited. European Union material in this publication is acknowledged as © European Union, 1998–2017. Only EU legislation published in the electronic version of the Official Journal of the European Union is deemed authentic. Crown copyright material is reproduced with the permission of the Controller of HMSO and the Queen’s Printer for Scotland. All rights reserved. No part of this publication may be reproduced, or transmitted in any form, or by any means, or stored in any retrieval system of any nature, without prior written permission, except for permitted fair dealing under the Copyright, Designs and Patents Act 1988, or in accordance with the terms of a licence issued by the Copyright Licensing Agency in respect of photocopying and/or reprographic reproduction. Application for permission for other use of copyright material, including permission to reproduce extracts in other published works, shall be made to the publishers. Full acknowledgement of the author, publisher and source must be given. Published in association with Sweet & Maxwell. © 2017 Chartered Institute of Arbitrators Table of Contents Editorial Editorial Michael O’Reilly 131 Articles Apologies, Apology Legislation and Civil Disputes: The Practical Implications of Apology Legislation for Dispute Resolution Practitioners and their Clients Andrew Agapiou and Sai On Cheung 133 Current Focus on Family Mediation in the UK: How Relevant? Sahana Pal 141 Public Policy and Indian Arbitration: Can the Judiciary and the Legislature Rein in the “Unruly Horse”? Jahnavi Sindhu 147 Recent Developments of (International) Commercial Arbitration in the UAE (Part II) Gordon Blanke 164 Presentations Keynote Address of the Chartered Institute of Arbitrators (Malaysia Branch) Inaugural Presidential Lecture, Kuala Lumpur, 25 November 2016 Sundaresh Menon 185 The Alexander Lecture, London, 16 November 2016 Bernardo M. Cremades 203 Keynote Speech at the Chartered Institute of Arbitrators DAS Convention 2 December 2016 Peter Goldsmith 212 Presentation given at the University of West London, 8 March 2016 Julio César Betancourt 219 Cases The Enforcement of Adjudicators’ Awards under the Housing Grants, Construction and Regeneration Act 1996: Part 62 Kenneth T. Salmon 228 Conflicts of Interest in Expert Determination Hew R. Dundas 238 Book Reviews Gordon Blanke 249 Gordon Blanke 250 Elina Zlatanska 251 Contributors ANDREW AGAPIOU: Department of Architecture, Strathclyde University, Glasgow, Scotland JULIO CÉSAR BETANCOURT: Academic Visitor, University of Oxford and University of Salamanca GORDON BLANKE: Partner, DWF (Middle East) LLP (International Commercial and Investment Arbitration), DIFC, Dubai, UAE SAI ON CHEUNG: Department of Architecture and Civil Engineering, City University of Hong Kong, Hong Kong BERNARDO M. CREMADES: PhD, FCIArb, is founding partner of B. Cremades y Asociados, Madrid HEW R. DUNDAS: Chartered Arbitrator; DipICArb; CEDR-Accredited Mediator; International Arbitrator, Mediator and Expert Determiner LORD PETER GOLDSMITH QC, PC: London Co-Managing Partner and Chair of European and Asian Litigation, Debevoise & Plimpton LLP SUNDARESH MENON: Chief Justice, Singapore SAHANA PAL: LLM, Queen Mary University of London KENNETH T. SALMON: MCIArb, Solicitor, CIArb Accredited Mediator JAHNAVI SINDHU: BA, LLB (Hons), National Law School of India University, Bangalore, Law Clerk, Supreme Court of India ELINA ZLATANSKA: FCIArb, CIArb Visiting Research Fellow Editorial This Editorial comprises two parts: first, an introduction to the contents of the issue and, secondly, an announcement, concerning the future of the Journal. Introduction to the Contents In the articles section of this issue of Arbitration we begin with a paper by Andrew Agapiou and Sai On Cheung dealing with an area of dispute management which is less well known than it should be: apologies, related legislation and the relevance for civil disputes. Sahana Pal considers aspects of family mediation in the UK, asking, somewhat controversially, whether the current focus on mediation is really helping couples to separate peacefully or is just an extension of the judicial process. Jahnavi Sindhu addresses the question of public policy in the context of arbitration in India. And Dr Gordon Blanke continues his investigation into developments in respect of international commercial arbitration in the UAE. In our presentations section, we lead with the keynote address by Sundaresh Menon, the outgoing Patron of the Chartered Institute, to the Malaysia Branch’s Inaugural Presidential Lecture in November 2016; this addresses the important topic of the role of the party-appointed arbitrator. We present the Alexander Lecture delivered in November 2016 by Bernardo M. Cremades on the subject of “due process” in international arbitration, followed by Lord Peter Goldsmith’s keynote speech to the Chartered Institute of Arbitrators’ DSAS Convention in December 2016. And finally, we include Julio César Betancourt’s presentation to the University of West London in March 2016 on the subject of ADR and access to justice. In the cases section Kenneth Salmon presents his continuing review of enforcement of construction adjudication under the UK legislation, which, as always, raises themes of wider international interest. Hew Dundas deals with a rare case on the topic of conflicts of interest in expert determination. We include also a number a book reviews. As always, we are grateful to all authors and reviewers and greatly appreciate the time they spend ensuring that the Journal continues to be a key reference in this field. The Future of the Journal The Journal has for a century reflected the best in arbitration practice. For about three decades the editorial direction has been led by just three Editors—Alan Shilston, Derek Roebuck and myself. While this stability has been beneficial in many ways, the Chartered Institute is now emerging as the leading inclusive professional body for dispute resolution worldwide and it is appropriate that a new approach is adopted. From 2018 there will be a reconstituted Editorial Board. We shall be asking for nominations shortly, but the intention is that members will be leading practitioners, scholars and thought leaders in the field. This will ensure that the standing and credibility of the Journal will be unquestioned. In line with my personal plans—I have been Editor for eight years in two different periods—I will step down from what is a demanding role following the November issue 2017 and the new Board will assume control. Although I will serve on the Editorial Board to provide continuity, the editorial work will be carried out by the Board through the Secretariat. Greater clarity will be introduced between invited contributions and refereed articles and for the latter a new and more transparent system of refereeing will be introduced. In the August issue of the Journal we shall also set out proposals for our list of referees, so (2017) 83 Arbitration, Issue 2 © 2017 Chartered Institute of Arbitrators 131 132 Arbitration that those who are of the appropriate
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