SOUTH EAST BRANCH ANNUAL REPORT 1999
The Branch organised a varied programme of evening technical meetings during the year, covering arbitration and other means of dispute resolution. At the beginning of the year Margaret Rutherford chaired a quiz night on arbitration topics, pitting teams of Surrey and Kent Members against each other. Tony Canham told us about NHBC arbitrations, with the special restraints occasionally imposed on the arbitrator's authority by meetings being held in the Claimant's living room - it may stop being a 'no-smoking' arbitration. After our AGM in March, we welcomed Karen Gough to explain the intricacies of the Membership changes and of courses for upgrading to Member (she never reached the second half of her talk, on recent case law). The timing of the next meeting was fortuitous, with Chris Calcroft bringing us up-to-date on adjudication immediately after the judgements on enforcement in Macob -v-Morrison and Outwing.
We were very pleased when John Sims came back to Croydon in May, this time to take us through the CIMA Rules, which had recently won almost universal acceptance in the construction industry. When telling us about 'how to win arbitrations' Julian Critchlow wisely suggested that the best way was probably not to enter the adversarial battleground at all, i.e. to settle before the hearing.
After the holidays, the changes to the charter being in force, we welcomed Neil Caplan as the President. He looked forward to an even more strongly international Institute and to increasingly pro-activate arbitrators. The Branch Surgery was held in October, directed by Karen Gough who kindly stepped in at short notice when Ian Menzies' health had declined. Don Calder provided the scenarios, which provided an excellent basis for lively discussion.
We had learnt with great sadness of Ian's death in July. We benefited so much from his experience, perception and humanity. He particularly helped those of us starting out in arbitration by his example - his analysis of a dispute was quick, clear and just, and he made us feel we could do it too.
In the Branch meetings we aim to cover ADR as well as arbitration, and in October John Burgess explained the mediation process. The difference from arbitration was highlighted when John persuaded us of the need to keep communications with one party confidential from the other.
In our final meeting Tamara Oyre, the Institute's Legal Adviser, gave us a lucid and comprehensive account of the CPR reforms. It seems that there is a falling workload for the courts and for expert witnesses as a result, and perhaps this will mean increased competition for arbitration.
We held two social events in the year, both were enjoyable, but neither was as strongly supported as we would have liked. The first was the Annual Dinner in February; the food and the speeches were excellent, but only one in forty of our Members were sufficiently attracted to book tickets. We are reviewing the arrangements for the next Dinner to see if a different date, format or location will attract more Members. The second, our Summer Event, was held at Denbies Vineyard, near Dorking. By means of a 3D film we saw eight months of grape growth in forty minutes. With lunch (and wine of course), it proved a sociable combination of enlightenment and enjoyment.
In the second half of the year the major focus of the Committee's work has been on developing the Branch Plan for implementation of the Institute's initiative on expanding the role of the branches.
The objectives are to increase participation in Branch activities, to increase Membership, to further develop links with neighbouring branches and with other organisations and societies interested in arbitration and ADR.
Changes will not happen overnight so we have adopted a three-year plan, from 2000 to 2002. In the first year we aim to put on more CPD events, to promote arbitration to organisations, colleges and societies within the Branch area, to bring together Panel Members for discussion, and (perhaps ambitiously) to run an Entry course.
There will be a great need for additional input from Branch Members and it may not be easy to elicit this. Managing these activities and funds will add significantly to the responsibilities of the Branch, and the help of Institute staff will be vital, particularly that of the new External Relations Manager.
The Branch newsletter, News & Views, published three times a year, continues to provide entertaining and informative reading, and to act as a regular and effective means of communication with Branch Members. The editorial team (Paul Darrington, David Bailey and Derek Jerram) are to be congratulated.
Our thanks go to David Parker, last years Chairman, for introducing new initiatives, and to Bernhard Lippmann (Secretary) and Duncan Shaw (Treasurer) for their continued work for the Branch, to John Phipps for administering the Branch website, and to all the other Members of the Committee.
Robin Orme
Past Chairman