The COVID-19 pandemic has an impact on the daily life of all businesses and citizens in some way. Further, the pandemic also affects arbitral proceedings, as traditional practices and agreed timetables may prove difficult to adhere to.
In these exceptional circumstances, it is increasingly important that arbitration offers an expeditious, flexible and reliable way of resolving disputes and providing access to justice. Speed and efficiency are important in already ongoing proceedings, but also in new disputes that may arise as a result of contractual disruptions in a difficult economic and business environment.
The FAI continues to be fully operational
The FAI continues to manage its ongoing proceedings and ensures the management of new proceedings without undue delay. Already prior to the pandemic, the FAI administered its disputes mainly electronically.
Erkko Meri has joined the FAI team as a Case Manager as of 15 April 2020.
Prior to joining the FAI, Meri was working as a Lawyer at the Entrepreneurship and Business Environment Team of the Finland Chamber of Commerce. He has experience as an in-house lawyer at Signom Ltd and also as a legal trainee at law firm Hästö & Co. Mr Meri speaks professional English and Swedish, in addition native Finnish.
”I’m looking forward to deepening my understanding of dispute resolution at the FAI. Effective dispute resolution is, in the end, what makes rights and contracts relevant. I’m sure I will enjoy the inspiring and energetic spirit at the Institute and I hope that I will be able to contribute to its growth”, Meri says.
Tanja Volanen has started as a Case Manager at the FAI. Ms Volanen is the first case manager to join the FAI Specialisation Programme for Arbitration Lawyers, a two-year programme completed whilst working as a Case Manager at the Institute.
In addition to case management work, as part of the FAI Specialisation Programme for Arbitration Lawyers Ms Volanen will participate in the Finnish Arbitration Academy which will be organised starting in October 2020, as well as in other national and international FAI events. In the FAI Specialisation Programme, Ms Volanen will be supported in developing her expertise in arbitration, creating her network in the arbitration community and also publishing in arbitration.
A Review of the FAI’s Year 2019
The year 2019 was full of action at the FAI. The FAI Arbitration Rules and Rules for Expedited Arbitration were revised, entering into force on 1 January 2020. Mr Santtu Turunen was appointed as new Secretary General to head the FAI Secretariat. New Finnish and international Board members began their terms. In May, the FAI hosted the 15th IFCAI Biennial Conference in Helsinki. The FAI launched a specialisation programme for arbitration lawyers.
The key statistics were positive: The new filings increased by 10 percent compared to the previous year, reaching 67 cases by the end of the year. The median duration of FAI arbitration remained at an excellent level of 8 months after transfer of the case file to the tribunal, and at 3 months in FAI expedited arbitrations.
Please find below some brief comments on selected highlights of the FAI statistics and a brief account of the highlights of FAI activities in 2019.
Read more: Continue reading
Six Questions to Toomas Vaher, Partner at Ellex Raidla, FAI Board Member
What is the most enjoyable part of your work?
Building strategy for an anticipated dispute and achieving results without the need to start one.
What is most challenging in your work?
To adapt to bending the rules and causing delays in an otherwise simple proceeding. Over-regulation of matters.
-juttujen hallinnointiin liittyvät lakimiestehtävät
-muut instituutin toimintaan liittyvät tehtävät
Olet innostunut, positiivinen, rohkea ja energinen. Olet kiinnostunut riidanratkaisusta ja haluat kehittää omaa asiantuntemustasi ja uraasi välimiesmenettelyn alalla. Sinulla on myös Case Managerin työssä tarvittavaa korostunutta huolellisuutta ja tarkkuutta. Työkielet ovat pääasiassa suomi ja englanti, ja tehtävä edellyttää molempien kielien hyvää osaamista.
Pyydämme kirjalliset hakemukset ansioluetteloineen viipymättä, kuitenkin viimeistään 5.4.2020, osoitteeseen firstname.lastname@example.org. Käsittelemme hakemuksia ja haastattelemme hakijoita jo ennen hakuajan umpeutumista.
Lisätietoja: pääsihteeri Santtu Turunen, p. 050 3059410
Keskuskauppakamarin välimieslautakunta määrää välimiehiä kotimaisiin ja kansainvälisiin välimiesmenettelyihin sekä hallinnoi menettelyjä, jotka käydään Keskuskauppakamarin välimiesmenettelysääntöjen tai nopeutettua välimiesmenettelyä koskevien sääntöjen mukaisesti. Välimieslautakunta voi myös toimia nimeävänä tahona UNCITRAL välimiesmenettelysääntöjen mukaisissa menettelyissä. Lisäksi lautakunta hallinnoi Keskuskauppakamarin sovittelusääntöjen mukaisia menettelyjä. Lisätietoja: arbitration.fi.
The FAI continues as the Media Partner of the DIS Baltic Arbitration Days. The 9th edition of the BAD will be organised both online and on site in Riga, Latvia, from Sunday 16th to Monday 17th of August 2020. The topics of the conference are arbitration in transport related disputes, arbitration and IT, third party financing in arbitration disputes in CEE and an update on investment arbitration. The focus countries are Israel, Russian Federation, Switzerland and Ukraine. The program and link to registration are available here. The registration is kindly required even if you plan to participate online.
Revised Arbitration Rules of the Finland Chamber of Commerce to enter into force on 1 January 2020
The Arbitration Rules and Rules for Expedited Arbitration of the Finland Chamber of Commerce will enter into force on 1 January 2020 (the “2020 Rules”). The 2020 Rules contain individual improvements to the well-functioning 2013 Rules, with the aim of speeding up and streamlining the arbitration process. Key changes include wider possibilities to deliver documents by electronic means and more flexibility in the choice between standard and expedited arbitration proceedings.
Arbitration Rules of the Finland Chamber of Commerce 2020
Expedited Arbitration Rules of the Finland Chamber of Commerce 2020
Revision of Rules to increase speed, efficiency, and flexibility
The FAI Arbitration Rules and the Rules for Expedited Arbitration were fully revised in 2013. This comprehensive revision implemented best international practices, shortened the duration of arbitral proceedings and improved cost-efficiency.
Since the implementation of the 2013 Rules, FAI arbitration proceedings have proved very competitive in terms of speed and cost-efficiency. Arbitrations conducted under the 2013 Rules have thus been a reliable, efficient, and credible option for the resolution of commercial disputes both domestically and internationally.
The purpose of the 2020 Rules is to improve the efficiency and speed of FAI arbitrations even further. In addition, the 2020 Rules aim to offer more flexibility to enable the parties and tribunals to take into account the specificities of each individual dispute.
The revision was prepared by a working group chaired by the Vice Chair of the FAI Board, Marko Hentunen. The working group collected feedback and proposals for the development of the 2013 Rules from a broad group of stakeholders domestically and internationally. Their input was used as a source of inspiration in preparing the revised Rules.
The FAI invests in the next generations. The FAI Development Programme for Arbitration Lawyers is a two-year programme, which is completed whilst working as a Case Manager at the Institute. In addition to case management work, the participant will have the opportunity to join FAI events and programmes, such as the Finnish Arbitration Academy, will be supported to create a network in the arbitration community and publish an article on arbitration law. Fluent Finnish and English is required.
In more detail in Finnish:
Six Questions to Antti Järvinen, Partner at Frontia Attorneys at Law Ltd, FAI Board Member
What is the most enjoyable part of your work?
Having the chance to help our clients in matters that are important to them and work together with colleagues who I consider the best in the market.
What is most challenging in your work?
I think every case is a positive challenge. A litigator needs to feel challenged, push ahead and turn every stone. A very important, though sometimes underestimated part of a litigator’s work is to discover and profoundly understand the parties’ strategic goals and business drivers underlying a dispute. It is critical to consider these issues thoroughly also in order to help the client reach a rational settlement, when possible, and avoid unnecessary proceedings.