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25 September 2015 / Ulrich Payne
Issue: 7669 / Categories: Features , Profession , Arbitration
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New kid on the block

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Arbitration: coming to a jurisdiction near you. Ulrich Payne reports

In the past 30 years, arbitration has evolved from a mechanism practiced by a few specialists to one of the most established forms of dispute resolution. Unsurprisingly, there is a raft of new jurisdictions establishing themselves as centres for international arbitration. The Cayman Islands is one such jurisdiction: Cayman has a strong legal framework and well respected legal community, and has recently modernised its arbitration laws resulting in an increase in Cayman-based arbitrations.

So what are the lessons that Cayman and other offshore jurisdictions can learn from the more established arbitration jurisdictions?

Recipe for success?

While it would not be appropriate to ascribe a formula for creating a successful arbitration jurisdiction, it is possible to identify some common ingredients in the more established jurisdictions.

England is a (if not the) pre-eminent jurisdiction for arbitration and London is very regularly chosen as the seat of arbitration. While it is not alone in its success—New York, Singapore, Paris and Hong Kong to name but four,

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Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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