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BIBA to market local arbitration centre

marketing tactics that will promote the Island as an arbitration centre.Lawyer Mr. Geoffrey Bell summarised significiant developments in the emergence of Bermuda as an international arbitration centre in a speech entitled "Bermuda as an International Arbitration Site.

marketing tactics that will promote the Island as an arbitration centre.

Lawyer Mr. Geoffrey Bell summarised significiant developments in the emergence of Bermuda as an international arbitration centre in a speech entitled "Bermuda as an International Arbitration Site.

The speech was delivered to local professionals at a one day seminar organised by lawyer Ms Keren Lomas and called "Marketing Bermuda Internationally''.

Mr. Bell, chairman of BIBA's international arbitration standing committee, commented that relatively few international arbitrations have, so far, taken place in Bermuda.

"It is difficult to find out how many arbitrations do take place, because one of the reasons for choosing arbitration as opposed to litigation is the that the parties value the privacy of the deliberation process,'' said Mr. Bell.

He traced the evolution of the 1993 Bermuda International Conciliation and Arbitration Act.

An arbitration body, the London Court of International Arbitration (LCIA), approached the Attorney General in November 1991 when it found that North American-based clients were voicing concern that arbitration between US and European parties was being held in London -- a site increasingly seen as European and therefore home of one of the parties.

Bermuda featured on the list as an alternative site.

"In July 1992, the LCIA held a conference of their members in Bermuda at which the topic was: "What should Bermuda adopt as its law if it wants to promote itself as an international arbitration centre? "The first draft of the act, which incorporates the UNCITRAL Model Law, was passed in a quick time frame. So we now have the legislative framework in place.

"A meeting has recently been planned between the BIBA international arbitration committee and its marketing committee to see how to go about promoting Bermuda.

"Firstly, we need an arbitration panel, who are willing to conduct arbitration in Bermuda. We have approached the major associations, the American Arbitration Association and the LCIA for a lists of members, who would be willing to have the conduct of arbitration in Bermuda.

"We are quickly building up a formidable list of experienced arbitrators.

What is important to avoid is involvement from a BIBA practitioner in Bermuda.

No-one wants an additional professional imposed upon them. We hope in years to come arbitration parties will want to instruct Bermuda counsel.

"At the moment, we will leave the arbitrating parties to decide whether they want a Bermudian practitioner or a professional as arbitrator.

"BIBA will undertake a liaison function with the hotels. They provide all that is needed, but there are complaints that they cater too much to tourists, rather than the business man.

"Hotels will have to upgrade facilities, conference and recess rooms, and provide fax facilities.

"The approach that Government has taken to arbitration is red carpet and not red tape.

"BIBA will liaise with the Ministry of Labour and Home Affairs, supplying the names of those involved in the arbitration. At some point, we anticipate an international arbitration line at the Airport so the parties involved will be ushered through quickly,'' he said.