CIArb Ireland has published its All-Ireland Arbitration Rules
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February 2021
The existing Irish Branch arbitration rules were published on 1st April 1990. The rules were devised in the main to meet the needs of arbitration before the 1996 Act in Northern Ireland and the 2010 Act in the Republic.
In March 2019, the CIArb Irish Branch Committee resolved that an Arbitration Rules Sub-Group (AR Sub-Group) should be formed with a mandate to produce new All-Ireland Arbitration Rules capable of use in both jurisdictions.
The All-Ireland Sub-Group was formed with five persons from all four provinces with multi-discipline backgrounds as identified below. (BHMS Solicitors D2 kindly provided facilities for the various meetings of the Sub-Group). In addition to the All-Ireland mandate, the Sub-Group set for itself a core objective of producing user-friendly rules but which provide as much legal certainty as is reasonably possible and capable of operation within the arbitration acts and the general body of law in the two jurisdictions.
To this end sections of either Act are not referred to in the rules nor are articles of the UNCITRAL Model Law. The approach as taken assumes an arbitrator or representative to be fully familiar with the relevant Act and the law relevant to each appointment. The Rules were developed to be compatible with the various provisions in the Acts and the Model Law.
The Irish Branch obtained support for the initiative of two senior members of the judiciary, one from each jurisdiction who are each closely connected with the administration of commercial law. (Mr. Justice Barniville IRL and Mr. Justice Horner NI) Both have provided introductory comments on the new arbitration rules. The CIArb Membership were invited to an open meeting of the Sub-Group to review the evolving Rules. Various bodies and parties including The Bar Arbitration and ADR Committee provided input/comments in addition.
CIArb hopes that the Rules will provide scope for arbitrations to re-emerge in an All-Ireland setting for the benefit of the users of ADR services. It is intended that the Rules will be updated on a more frequent basis to address the changing landscape of Arbitration on the island of Ireland.
AR Sub-Group
Paula Mary Murphy FCIArb., Tipperary, Chair of the Sub-Group Committee member
Adrian Kearney C. Arb., Belfast, NI Chapter Committee member
Timothy Bouchier-Hayes FCIArb., Dublin
Conor Kelly C. Arb., Galway
Tom Wren FCIArb., Limerick, Hon. Sec. to Sub-Group
Chairman Irish Branch (2020 - 2021) Martin Waldron FCIArb., Dublin,