BAC Newsletter Issue 5
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Communication and Cooperation
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Learning and Training

  In July 2008, the BAC continued its simulated arbitration event put on by the Secretariat and two international interns – Mr. David Anderson and Ms. Carol Soon. This event simulated the entire arbitration process, from case acceptance to issuance of the arbitration award, and was conducted entirely in English.
In the early phases of the simulation the BAC working personnel were assigned the different roles played during arbitration, including parties, attorneys, case secretaries, witnesses, and arbitrators, each with a different point of view. When playing their roles, the staff shared insight and helped to answer the different questions raised by the two international interns. Members of the BAC staff raised many of their own questions, as the simulation prompted them to think creatively and gave them fresh insight into arbitration issues.

   Once the Claimant and Respondent were selected, the participants were then put on teams to represent each side. The two parties then selected from those groups who would play the part of witnesses and corporate representatives. Using evidence and case materials provided by the interns, the parties then analyzed their cases, prepared for the hearing, and began the process of selecting arbitrators.
After completing their applications, sharing evidence, and preparing their cases the parties prepared for the climax of the simulation – the arbitration hearing. The hearing ran smoothly, due to the preparation of everyone involved. Both parties demonstrated their respective opinions and had a fierce debate. The examination of witnesses was very exciting, thanks to the direction of Carol and David, who interjected some aspects of the American legal process! Finally, after excellent closing remarks by the parties and arbitrators, the hearing ended. The case was settled at the last minute via mediator’s proposal offered by the arbitrators.
This simulated arbitration event not only presented the real hearing process at the BAC to the interns, more importantly both parties learned a great deal about arbitration and the characteristics of civil and common law procedures. The dialogue between interns and staff members produced a number of interesting questions that served to enhance the knowledge of all involved. The BAC plans to continue its international internship program, and will further this valuable communication and cooperation by holding the simulation again sometime soon.

(Zhang Haoliang)