Young maritime professionals should consider careers in the burgeoning profession of arbitration—and no longer regard its pursuit as exclusively for former lawyers and mariners. They were counselled to do so at a ‘Meet the Arbitrators’ session at the International Dispute Resolution Centre, London on February 15th, organised by the London Shipping Law Centre in association with the London Maritime Arbitrators Association.
Addressing members of the LSLC’s YMP group, a panel of experienced arbitrators explained the LMAA’s role , terms, powers and the main parameters conditioning the conduct of arbitrations.
Maritime arbitrators include former solicitors and barristers, some of whom have worked as claims handlers in P&I and Defence clubs; former master mariners, marine engineers and employees of shipowning firms and chartering businesses. The work covered chartering ships, carriage of goods by sea; the building, sale and financing of ships and yachts; disputes over the sale, purchase and financing of commodities; offshore energy, mobilised offshore units and wind farms.
Those with English law qualifications do not usually have to take special course or obtain any particular qualification. For those not legally qualified, the Chartered Institute of Arbitrators online course for a Virtual Diploma in International Maritime Arbitration is widely advised.
However, several years’ experience in maritime work would be expected by clients. It was still unusual for people to take up arbitration work early in their careers. Before becoming arbitrators, people with seagoing experience often work as consultants or act as expert witnesses in court or arbitration proceedings.
LMAA President David Steward explained the bases on which arbitrators are appointed by the disputing parties and the LMAA terms for the conduct of arbitrations.
Arbitrator Clare Ambrose explained that arbitration tribunals could generally make final awards in the same way as courts under the 1996 Aritration Act. These included final injunctions and declarations and specific performance. Emergency arbitration procedures were generally best dealt with by the courts, as these were better placed to grant freezing orders or anti-suit injunctions, given considerations of due process, enforceability and costs.
Urgent applications were commonly for interim relief, for which LMAA terms could provide expedited procedures for making awards or orders.
Arbitrator Sara Gillingham advocated swift disclosure of all relevant documents to support submissions. To supplement “standard” disclosures, parties were entitled to ask for “specific” disclosures of anything fuirther they considered relevant. There could be cost penalties if appropriate information is not disclosed when required.
LMAA Secretary Gerard Hopkins highlighted the importance of the LMAA questionnaire in starting the arbitration process. This should cover what documents would be required, flag prospective difficulties and perhaps provide a perspective on likely costs.
The session was chaired by LSLC Chairman Dr Aleka Sheppard.
