REFLECTIONS ON THE 3RD ASIA INTERNATIONAL ARBITRATION CENTRE (AIAC) – INTERNATIONAL CHAMBER OF COMMERCE (ICC) I.E 3RD AIAC-ICC PRE-MOOT.


First Published: April 16, 2019

REFLECTIONS ON THE 3RD ASIA INTERNATIONAL ARBITRATION CENTRE (AIAC) – INTERNATIONAL CHAMBER OF COMMERCE (ICC) I.E 3RD AIAC-ICC
PRE-MOOT.

The 3rd AIAC-ICC Pre- Moot took place in Kuala-Lumpur, Malaysia from the 21st March 2019 to the 24th March 2019. The event attracted ninety participating teams from different universities and colleges across the world and close to two hundred arbitrators. Amongst the participating institutions were the following:

  1. Advance Tertiary College, Kualar Lumpur
  2. Advance Tertiary college, Penang
  3. Airlangga University
  4. Alexandria University
  5. American University of Central Asia
  6. Amity Law School
  7. Ateneo Dc Manila University
  8. Brawijaya University
  9. Chennai Dr Ambedkar Government Law College
  10. China-Eu School of Law at the China University
  11. China University
  12. City University Hong Kong
  13. Dar Al Hekam University
  14. Dhaka University
  15. Diplomatic Academy of Vietriam Doshisha University
  16. Erasmas University Rotterdam
  17. Ewha Women’s University
  18. CD Goenka University
  19. Guru Gobind Singh Indrprastha University
  20. Hondong International Law School
  21. Hidayatullah Natioanl Law School
  22. ILS Law college, Pune
  23. Institute of Law, Nirma University
  24. International Islamic University Malysia
  25. Jindal Global Law School
  26. Kathmandu School of Law
  27. Kobe University
  28. Maharashtra National University, Mumbai
  29. Multimedia University
  30. NALSAE University of Law
  31. National Law Institute Bhopal
  32. National Law School India University
  33. National Law University Delhi
  34. National Law University Odisha
  35. National Law University, Judhpur
  36. National University of Management
  37. Peking University of Transnational Law
  38. Pontifical Catholic University of Sao Panto
  39. Royal University of Law and Economics
  40. School of Legal Studies, REVA University
  41. Benguluru, Karnataka
  42. SEGI College, Sarawak
  43. Singapore Management University
  44. South China Normal University
  45. Symbiosis School of Law, Pune
  46. Tarumanagar a University
  47. Thamma Sat University
  48. The West Bengal National University of Judicial Services (Koikata)
  49. Universitas Gadjah Mada
  50. Universitas Padjajaran
  51. Universiti Kebengsaan Malaysia
  52. Universiti Malaya
  53. Universiti Sultan Zainal Abidin
  54. Universiti Teknologi Mara
  55. Universiti Utara Malaysia
  56. University of Bucharest
  57. Victoria University of Wellington

 

The pre-moot competition is an annual event which started in 2017. Same is organized by the Asia International Arbitration Centre in conjunction with the International Chamber of Commerce.

I was honoured to be invited to be one of the two hundred arbitrators of the 3rd AIAC-ICC Pre- moot where my role was to arbitrate the Pre- moot competition between Bangladesh: Dhaka University and Dar Al-Hekma University followed by the pre-moot between Briekfields Asia College Team 3 and the School of Legal Studies, REVA University, Bengaluru, Karnataka. The aforesaid invitation coincided with my admission as a qualified International Fellow Member of Association of Arbitrators (Southern Africa).

 

The Pre-moot was preceded by a Conference for young practitioners and students. The conference covered such topics as the expressed and implied powers of arbitral tribunals, Expert witnesses in arbitration, contract adaptation, Hardships under contracts for the international sale of goods, enforcement of arbitral awards and careers in International Arbitration. Presentations at the conference were by distinguished arbitration practitioners.

 

Both the conference and the pre-moot were held at the Asia International Arbitration Centre. The said centre has been in existence for the past thirty years. It boasts of thirty six hearing rooms. The centre provides world class institutional support for the conduct of domestic and International Arbitration. The pre-moot aims to encourage the study of international commercial law and the use of international commercial arbitration to resolve international commercial disputes. International arbitration is an alternative means of resolving disputes arising under International Commercial contracts without the use of courts of law. The UNCITRAL model law on International Commercial Arbitration gives the term ‘”Commercial” a wide interpretation so as to cover matters arising from all relationships of a commercial nature whether contractual or not. relationship of a Commercial nature transaction for the supply or exchange of goods or services; distribution agreement; commercial representation or agency; factoring, engineering; licensing leasing; construction of works; consulting; investment; financing; banking; insurance; exploitation; agreement or concession; joint venture and other forms of industrial or business cooperation; carriage of goods or passengers by air, sea , rail or road[1].

 

The pre-moot gives law students exposure to international commercial arbitration as well as arbitration practitioners from different jurisdictions whom they are able to freely mix and mingle with. It also sharpens the students analytical and advocacy skills in arbitration whilst affording arbitration practitioners from different jurisdictions an opportunity to meet, interact and network. I look forward to a day when a similar programme will be introduced in Zimbabwe. I look forward to that day when aspiring arbitration practitioners in Zimbabwe can systematically regularly and openly learn and benefit from trained and experienced arbitration practitioners from Zimbabwe and elsewhere. l look forward to a day when Zimbabwe will start handling a fair share of international arbitration and unleash onto the international stage its own international arbitrators.

 

 

Yours faithfully

 

dk photo INTERNATIONAL ARBITRATION 

DAVISON KANOKANGA   BL, LLB, MCI Arb, FA Arb

[1] Article 1(1) of the UNCITRAL Model Law on International Commercial Arbitration.

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