Arbitration
All-Ireland Arbitration Rules 2020
Adrian Kearney looks at the new all-Ireland rules launch by CIArb
DURING 2019-2020 a small core of fellows of the Chartered Institute of Arbitrators (CIArb) was tasked with modernising and rewriting rules for arbitration, where arbitrators are appointed by the CIArb in Ireland (North and Republic), which can also be adopted into any other arbitration agreements.
By happenstance, I was included in the authorship after I pointed out that if there were to be new rules, the island of Ireland has two legal jurisdictions and the rules could reflect in one document the needs of both legal jurisdictions! Not to be outdone, the committee set to its task and has developed a client and legal facing document (kindly hosted in the boardroom of BHMS Solicitors).
The objective was ultimately met in the all-Ireland mandate with the core objective of not only producing rules in a modern format, but with legal certainty and aligned within the two arbitration acts which are creatures of statute. The format is straightforward with rules 1-29 covering all aspects of the arbitration, jurisdiction and operation, with a further appendix of six schedules each guiding the arbitrator and end users in plain speech in:
- Jurisdiction and powers of the arbitrator
- Preliminary meeting and case management
- Conduct of arbitration proceedings
- Statement of claim, defence and reply, rejoinder
- Disclosure of documents
- Witness statements
The initiative was graciously supported by the two senior members of the commercial courts north and south. The two learned judges who are closely connected with the commercial law, the Honourable Mr Justice Horner (NI) and Mr Justice David Barniville (IRL) could not have been more supportive, both reading drafts and providing encouragement plus generous forewords to the current edition. Mr Justice Horner wrote:
“Firstly I see arbitration as a key tool in resolving disputes. For a while arbitration appeared to have gone out of fashion but has recently made a comeback. It enjoys statutory support from the Arbitration Act 1996 in Northern Ireland and has enjoyed and will continue to enjoy the support of all judges in Northern Ireland engaged in commercial litigation.
Secondly, the new rules are drafted in plain English and permit a user-friendly approach. They are intended to be read and understood by everyone not just the lawyer and the expert witness but also, most importantly, by the lay client. Any member of the general public reading these new rules should have no difficulty in understanding the process involved.
Thirdly, a multidisciplinary approach has been taken in drafting these rules involving all sections of the arbitration community. This multidisciplinary approach has undoubtedly made the new rules more user friendly and thus more effective.
I join with Mr Justice David Barniville in extending a warm welcome to these new rules which I hope will have a transformative effect on ADR in general and arbitration in particular on the island of Ireland.”
Mr Justice Barniville further commented:
“The Irish courts have consistently demonstrated their support for the arbitral process. The many judgments of the Irish courts (and the various judges who have been designated by the president of the High Court to hear arbitration related cases in that court) bear testimony to this. Ireland is widely seen as an arbitration-friendly jurisdiction. Arbitration and arbitration practitioners are rightly seen as significantly contributing to the Irish economy and play a crucial role in the ongoing efforts to promote and develop Ireland as a leading global centre for dispute resolution.
The publication of the new rules will greatly assist in providing the necessary certainty and clarity which parties are entitled to expect from the arbitral process. In cases where they apply, the new rules will serve as a very useful template for the fair, expeditious and final determination of disputes dealt with by arbitration and should dovetail nicely with the provisions of the 2010 act and the jurisprudence of the Irish courts in the arbitration field. As the judge currently designated by the president of the High Court to deal with arbitration related cases in that court, I warmly welcome the publication of the new rules and congratulate and thank the branch and, in particular, the sub-group for the work involved in their preparation.”
High praise indeed. It is clear that both jurisdictions now have the tools to take on both local and international dispute resolution by way of arbitration and even fast track processes can be accommodated to compete in the market-place. User friendliness and plain English all assist, as was the purpose of the rewrite.
Without bias, having looked at other sets of rules which are cumbersome and arcane, I would certainly recommend the legal fraternity and our end users, the parties, to have a look. They can be obtained from CIArb Ireland Branch.
Adrian Kearney MCInstCES FCIArb, Kearney Consult
adrian@kearneyconsult.com www.kearneyconsult.com www.ciarb.ie
Adrian Kearney is a member of the CICES Contracts and Dispute Resolution Panel.
Copies are available from Adrian Kearney. Thanks go to Messrs Murphy, BouchierHays, Kelly and Wren for sterling efforts and time, all of which was freely given.
