Pacific Islanders learn how to resolve cross-border disputes

A one-day workshop on cross border dispute resolution in the Pacific Islands and International Trade was held in Nuku’alofa on Tuesday.

The workshop was held for Pacific Island countries to address whether, how and why to ratify the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958) New York Convention and whether to adapt their laws to the UNCITRAL Model Law on International Commercial Arbitration.

Gary Born a leading arbitration practitioner in London and chair of Wilmer Cutler Pickering Hale Dorr LPPs, an international arbitration practice group, carried out the workshop facilitated by ‘Alisi Taumopeau a former Minister of Justice and Attorney General with delegates from Tonga, Vanuatu, Solomon Islands, Papua New Guinea, Pacific Island Prosecutors Association Secretariat (PILON) from Samoa and Dr Edwin Kessie Chief Trade Advisor OCTA (Office of the Chief Trade Advisor).

Born said one of the objectives of the workshop is to raise awareness among Pacific Islands on the different forms of disputes and explore particular international arbitration means especially in the New York convention.

“The benefit for Tongan citizens, businesses and government is that when engaging in world trade with foreign parties whether from Asia, Europe, New Zealand and so forth it’s very important the terms of trade be conducted in a neutral playing field and disputes are resolved efficiently, expertly and mutually,” he said.

Petra Butler a Co-Director of the Centre for Small States at Queen Mary University in London said the workshop brings together delegates to discuss the advantages for the Pacific Island States, Tonga and others to accede to ratify the NY convention.

She said the idea is to have in depth discussion and allow delegates to ask questions specifically to their jurisdictions. No Pacific Island country had ratified this convention yet, she said.

‘Alisi said the workshop is discussing the idea because this has not been included in Tonga’s agenda.

“It is clear that international conventions are for government but to discuss the idea it’s all for the people of the country,” she said.

Lord Tupou opened the workshop sponsored by NZAid supported by the Women In Law Association (WILA) and Victoria University of Wellington.