New voices
New voices
ONE of our main objectives in launching the Maritime Advocate almost five years ago was to give a voice to maritime lawyers and arbitrators in places other than New York and London. Happily, that voice has gradually gained in timbre and resonance, to the point where we now have arbitrators in Germany saying that German arbitration is more advantageous than New York or London arbitration, and even claiming that "arbitration proceedings in London and Paris are often cumbersome and expensive."
It matters not whether such statements are true or false, and less still that there is no way of proving their veracity or otherwise. It is just good to hear a voice which has confidence in its own identity. What arbitrators in Germany - and no doubt elsewhere - have got is enthusiasm, and the ability and desire to convey that enthusiasm to their target audience. Of course the enthusiasm is born of hunger for work, but that is no bad thing. If there were no smaller arbitration centres, there would be no larger ones, and no way for the smaller ones to get bigger and better, and raise the standard overall.
Hamburg is not the new London, any more than it is the new New York. It almost certainly never will be. But maybe Germany is the new Germany. And maybe London and New York could use some of the enthusiasm of German arbitrators. Either they have lost their enthusiasm, or they have lost the ability or inclination to show it.
It is hard to imagine a maritime arbitrator in London or New York quoting a shipowner saying that "arbitration can be very exciting", as the German Maritime Arbitration Association (GMAA) did just recently following its road-show tour of the Baltic States.
Busy arbitrators still need to look for work. And road-shows are not the exclusive domain of the GMAA or other aspiring arbitration centres. One remembers, for example, an SMA delegation flying out of New York for China some years ago under the chairmanship of Alexis Nichols. But it is more difficult to leave your favourite chair, and generally to show enthusiasm, when you are top of the tree. And it is hard to get excited about just another day at the office when you have work stretching into next year. But sometimes you have to do it.
Maritime arbitrators in London and New York are not big on image. They tend to let their appointment books speak for them. They might argue that they don't have to promote themselves. But maybe they should start looking over their shoulders. Smugness is not an endearing quality.
For better - or worse?
WE don't intend to start quoting at the drop of a hat the views of German arbitrators - or indeed arbitrators elsewhere - on their colleagues in London and New York. People in glass houses. But it is worth observing that the GMAA, in claiming that London arbitration is "very formalistic and effort-intensive", does concede that the recent reform of English arbitration has streamlined proceedings. Whether it has streamlined them enough is another matter.
The revised London Maritime Arbitrators Association Terms 2002, which came into effect on January 1 this year, give arbitrators more power to move things on by introducing into the arbitration process many of the Woolf reforms. They also raise arbitration fees and charges, while at the same time giving arbitrators more ways of being certain of collecting their fees. But do they improve London maritime arbitration?
There are those who think that London is in danger of forgetting that the essence of arbitration is that its procedures should suit the client, and that making the tribunals more like the courts and increasing costs doesn't produce the informal and flexible approach that the users of arbitration want.
Imogen Rumbold, a partner in London law firm Lawrence Graham, says, "If solicitors now have to appoint only those arbitrators who will apply the new powers flexibly, there seems little point in having the new powers. The already small pool of commercially minded arbitrators is becoming smaller. Some are saying that the powers will be ignored, and that the revisions were simply to allow arbitrators to charge more. If that is so, it is a retrograde step."
Arbitrators, of course, know better than anybody that if they are not efficient and cost-efficient, the users of the system will vote with their feet.
Choosing arbitrators
DONALD Yearwood has responded to Third Man's comments in Issue 18 of The Maritime Advocate about acceptance of arbitrators by parties to a dispute. He says, "There may be an element of 'who you know' in the arbitrator selection process, but there is certainly a keen interest in an arbitrator's past decisions. Principals and attorneys engaged in this process would be remiss, at best, if they did not take past decisions of an arbitrator into account. A well-qualified person without a track record is at a clear disadvantage.
"One obvious alternative would be the selection of arbitrators on a rotating basis, but it carries the perhaps unacceptable chance of the appointment of arbitrators without great skill in the particular matter to be arbitrated. Furthermore, it would seem to frustrate one of the advantages of arbitration, namely putting the decision in the hands of people with commercial skill relative to the particular dispute."
Net advantage
NESTLED in between the sailing race and the exhibition, Holmes Hardingham's tennis tournament has become a firm favourite in the Posidonia calendar. Despite the 0800 start and 30-degree heat, this year's contest proved to be another huge success.
Expertly orchestrated and organised by Ken Scott and Louise Glover, the tournament lasted well into the afternoon and culminated in a dramatic final which matched Michael Dooley of Ned Chartering and Nigel Lowry of Lloyd's List against George Kolakis of Chart World Shipping and Tony Mavrakakis of Mayamar Marine Enterprises.
In the end, Dooley and Lowry won through by six games to three, taking possession of the Posidonia Tennis cup donated by Andreas Tsavliris when the tournament began ten years ago.
But the cup wasn't the only prize up for grabs. The Maritime Advocate had its own, slightly less glamorous awards to give out. Among the lucky recipients were Hans Petter Henschien of Henschien Insurance, who won The John McEnroe Award for an undisclosed incident involving his racket and the court. Chris Chasty of Moore Stephens picked up The Fanciest Footwear Award for, having forgotten his trainers, playing the entire tournament in his shoes - and, incidentally, winning most of his games too.
Bruce Trentham won the accolade for Most Colourful Language on Court, and Andreas Tsavliris picked up the award for Most Gracious Player in Defeat. It just goes to show that anything is possible, and that it's not the winning that matters, but what you do trying to get there.
Homework
WORKING at home is the new going to work. At least it is according to Spinnaker Consulting, the international maritime recruitment specialist. In the latest issue of its online Changing Course newsletter, Spinnaker says, "It has been predicted, by whoever it is that makes predictions, that the traditional working week will be obsolete by 2006. A survey by the Federation of Small Businesses has found that one in four people in London firms wants to work from home. Another survey, by Churchill Insurance, says that luggage lost by air travellers is most likely to turn up in Cairo, although there is no link between the two things.
"Employers have a duty of care to home workers in respect of, among other things, health and safety guidelines. This is no light undertaking. According to UK government statistics, more than 400 home office workers were injured by rubber bands last year. Pencil sharpeners injured 91 people, and staplers harmed 1,317 home workers. More worryingly, eighteen people injured themselves with hole-punches, while 37 sustained 'calculator accidents'. It's easily done.
"In time, the desire to work from home may burn itself out. Most of us would miss the gossip, the lousy coffee, dressing down on Fridays, and the holidays. But you shouldn't dismiss the idea out of hand. Try it for half a day first."