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20 J. Mar. L. & Com. 147 (1989)
A Comment on the Rules of the Vancouver Maritime Arbitrators Association

handle is hein.journals/jmlc20 and id is 157 raw text is: Journal of Maritime Law and Commerce, Vol. 20, No. 1, January, 1989

A Comment on the Rules of the Vancouver
Maritime Arbitrators Association
JOHN R. CUNNINGHAM*
Introduction
Prior to 1986, when the International Convention on the Recogni-
tion and Enforcement of Foreign Arbitral Awards became applicable
in Canada, most arbitration clauses contained in charter parties and
bills of lading governing international carriage of cargo to and from
British Columbia provided for arbitration of disputes in London or
New York. Because shipowners and charterers had become accus-
tomed to having only those two locations used for maritime arbitra-
tions, it was decided, in drafting the Vancouver Maritime Arbitration
Association Rules (VMAA Rules), to take into account and adopt,
where reasonable, rules and concepts accepted by the two organiza-
tions most directly concerned with administering maritime arbitra-
tions in those centres-the Society of Maritime Arbitrators of New
York, Inc. and the London Maritime Arbitrators Association.
A factor of interest for foreign parties involved in maritime arbi-
trations to be held in Vancouver is a regulation enacted under the
British Columbia International Commercial Arbitration Act which
enables them to have their own lawyers represent them in the
arbitration proceedings, even if they are from other jurisdictions. The
regulation states that a person may appear as counsel or advocate in
an international commercial arbitration, or give legal advice concern-
ing the arbitration, without being a member of the Law Society of
British Columbia.
Also, the Canadian Department of Employment and Immigration
has recognized the importance of facilitating the entry into Canada of
individuals involved in international commercial arbitrations. Foreign
*Queen's Counsel; Member, Campney & Murphy, Vancouver, B.C.; Past President,
Canadian Maritime Law Association.
This comment is based upon a paper delivered by the author at the International Maritime
Arbitration Seminar, held at Vancouver May 26-27, 1988.
147

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