SUCCESSFUL DISPUTE BOARD WORKSHOP HELD IN BANGKOK
(Post: 21/07/2009)

Also see Dispute Board Workshop - Bangkok  news and other Dispute Resolution Board details in ICC World Business Organization website     

Click here  http://www.iccwbo.org/court/dispute_boards/id4527/index.html

The Event

The first Dispute Board Workshop to be held in Bangkok, Thailand recently took place on 19 and 20 June 2009. The event was jointly organised by The Dispute Resolution Board Foundation [DRBF], The International Chamber of Commerce Thailand [ICCT] and the International Commerce in Paris, France [ICC].

The trainers for the workshop were John Papworth, a Chartered Arbitrator and practicing Dispute Board Member, who represented the DRBF and Calliope Sudborough, a qualified lawyer and the ICC Deputy Manager for ADR, Expertise, Dispute Boards and DOCDEX, who represented the ICC.

The two day event consisted of presentations by the trainers, case studies and practical demonstrations; the presentations included an introduction on the history, usage and various stages of a Dispute Board’s activities from the appointment of the Board through to the referral of a dispute to the Board and the publication of the Board’s decision; ethics, member selection and other relevant topics concerning the usage of Dispute Boards were also covered in these presentations. The case studies provided a valuable insight into the practical considerations when a Board is appointed and performing its duties and the workshops were both educational and, at times, amusing.

A total of twenty one participants took part in the workshop which was held at the Sheraton Grande Hotel in Bangkok. The participants consisted of developers, oil companies, owners of construction companies, quantity surveyors, contract administrators, arbitrators and, of course, lawyers. The participants mostly came from Thailand but the several participants travelled from Sri Lanka, Singapore and Japan to attend the event.

The organisers of the event were able to keep the fees for the event to a minimum as a result of sponsorship from Thaivivat Insurance PCL and Siam Cement Trading Company (SCT). Only positive feedback was received from the participants on the event all of whom received a certificate of attendance issued jointly by the DRBF and ICCT.

Dispute Boards in Thailand

Regrettably Thailand does not have extensive experience with Dispute Boards and to the best knowledge of the writer no Dispute Boards have been appointed in Thailand to date; however, there is obvious interest in Dispute Boards at grass roots level as evidenced by the success of the workshop despite the ongoing economic crisis and Swine Flu which no doubt prevented potential participants from attending the workshop.

Thailand, like many other countries, is trying to stimulate its economy with major infrastructure projects; the extension of the mass transit systems in Bangkok in one of the stimulus packages being put into effect by the Thai government. Much of the financing for these projects will come from major lenders such as The World Bank, The Asian Development Bank and The Japan International Cooperation Agency [JICA] who now require the use of Dispute Boards in the contracts they finance and potentially, unless otherwise agreed between the lenders and the Thai government, there is considerable scope for the use of Dispute Boards in Thailand in the near future.

The DRBF will be making approaches to the Thai government, lenders and contractors to offer its assistance both in an educative role and a practical role to ensure, where appropriate, Dispute Boards are used in a proper manner for the mutual benefit of the Thai government, the lenders and the contractors that are engaged to carry out the works.

Victor Smith LLM

Chartered Arbitrator

Thailand DRBF Country Representative

www.charndell.com