Arbitration Unit established as Govt works to enact model legislation

In keeping with its commitment to create a modern platform for arbitration as an effective method of settling commercial and other disputes in the country, the Government of Guyana has established an Arbitration Unit.
This Arbitration Unit will liaise with the Judiciary and key stakeholders at periodic intervals as this initiative is part of the Government of Guyana’s declared intention to create a modern infrastructure for the arbitration and conciliation of commercial disputes in Guyana.
The unit was established by Attorney General and Legal Affairs Minister Anil Nandlall and comprises representatives from various stakeholder organisations. These include: Jamela A Ali from the Bar Association of Guyana; Attorney Suriyah Sabsook from the Berbice Bar Association; Norman McLean from the Private Sector Commission (PSC) and from the AG’s Chambers, Deputy Chief Parliamentary Counsel Joann Bond and Deputy Solicitor General Deborah Kumar, with AG Nandlall as the Chairman.
According to a statement from the AG Chambers on Friday, the inaugural meeting of the Arbitration Unit is fixed for February 6. The establishment of this unit comes as the Guyana Government looks to enact a Model Arbitration Bill this year.
In the meantime, the Government will continue in 2023 to offer capacity building by training and education to familiarise stakeholders with the concept, operational value, and benefit of arbitration in the context of the impending legislative framework.
Last year, Minister Nandlall had written to all relevant stakeholders and circulated the Impact Justice Model Arbitration Bill 2022 for review and requested comments on the same. This Model Arbitration Bill incorporates the key provisions of the UNCITRAL Model Law on Arbitration and was approved by the Caricom Secretariat for implementation by member States in the Region.
As a matter of fact, it was noted that “The Impact Justice Model Arbitration Bill 2022 received resounding endorsement across the Caribbean and was approved as a Caricom Model Bill.”
The Government is seeking to not only transform its legislative agenda but also become the regional arbitration hub.
Improved Access to Justice in the Caribbean Project (IMPACT Justice) is a multi-country regional justice sector reform project funded by the Government of Canada, and is implemented by the University of the West Indies, Cave Hill Campus, Barbados through its Project Director Professor Vilma Newton, who provided invaluable guidance and support to ensure that Guyana, one day, becomes a modern arbitration hub.
In this stead, and in keeping with the objective to educate, train and build capacity which formally commenced in the year 2022, the Attorney General’s Chambers and Ministry of Legal Affairs in collaboration with IMPACT Justice and the Chartered Institute of Arbitrators, Caribbean Branch, Young Members Group, held a Workshop on “Drafting Arbitration Clauses: Practical Workshop”, on April 5 and 7, 2022, via the Zoom platform.
This workshop was extended to all attorneys-at-law through the Bar Association of Guyana, the Berbice Bar Association and also the Private Sector Commission, inviting interested persons within those organisations to participate, where upon completion, the participants received certification.
The objective of the “Drafting Arbitration Clauses: Practical Workshop” highlighted the relevance of including arbitration clauses in contracts and providing an introduction to the drafting of enforceable arbitration clauses. This workshop was offered for free and sessions were conducted by arbitration experts in the Caribbean, Shan Greer assisted by Kimberley Williams.
This was followed by another workshop on “Roadmap to Implementation of a New Arbitration Law for Guyana and other Caricom Countries” held from May 16, 2022, to June 9, 2022, which resulted from a similar collaboration between the Attorney General’s Chambers and Ministry of Legal Affairs and IMPACT Justice.
That workshop produced a more expansive and tailored arbitration training for members of the Judiciary, the Bar Association of Guyana, private and public sectors, civil society and media.
The objective of that second workshop was to build national capacity and enable participants to understand the purpose of arbitration and to familiarise them with the intended legal framework. In this regard, this workshop on “Roadmap to Implementation of a New Arbitration Law for Guyana and other Caricom Countries” was facilitated by internationally renowned Caribbean arbitrators, Hon Barry Leon and Professor Anthony Daimsis of the University of Ottawa and distinguished Guyanese arbitrator based in Europe, Calvin A Hamilton of Arbitra International and the President of the Chartered Institute of Arbitration, Caribbean Branch, Miles F Weeks.
Meanwhile, plans are in place for the Attorney General’s Chambers and Ministry of Legal Affairs, in collaboration with ROLE UK, to embark on a five-day in-person arbitration training workshop for attorneys-at-law in the public sector to take place by the end of March this year with an emphasis on the Impact Justice Model Arbitration Bill 2022.
In addition to concentrating on the Arbitration Bill, during this first workshop of 2023, other areas such as investment arbitration, would be made a topic to raise awareness of advancing international arbitration practice throughout the Region.