GUERNSEY Law and Practice Contributed by: Elaine Gray and Steven Balmer, Carey Olsen
14. Outlook 14.1 Proposals for Dispute Resolution Reform The rules applicable to civil procedure were last reviewed in 2008 and a committee has been formed to review these. The Royal Court is also actively work- ing on the implementation of a digital court filing plat- form, in addition to recommendations for changes to the Royal Court Civil Rules. Although the reform will look at all aspects of civil procedure, particular points of interest are potential reforms to service provisions and, as indicated, the use of technology. Most recent- ly, there have been substantive improvements to the Guernsey Legal Resources website. 14.2 Growth Areas Disputes relating to trusts and trust matters are an area where there has been a steady increase in instructions and one that appears to be increasing in the jurisdiction. Insolvency and restructuring work is another area that continues to grow, underlined by the new insolvency rules regime implemented in Guernsey recently. Finally, there has been a notice- able increase in regulatory disputes, which show signs of trending upwards. Cases span financial regulation, data protection regulation and competition law.
Subject to the parties’ agreement, the arbitrator can decide all matters of procedure and evidence and may appoint experts or legal advisers, or assessors to help with technical matters. 13.3 Circumstances to Challenge an Arbitral Award A dissatisfied party can apply to the court to chal- lenge an arbitral award within 28 days thereof, giving notice to the other party and the tribunal. The grounds for so doing include where the court has substantive jurisdiction (to confirm/vary or set aside the award in whole/part) or where there is a serious irregularity affecting the tribunal/proceedings/award. 13.4 Procedure for Enforcing Domestic and Foreign Arbitration Enforcement of foreign arbitral awards under the Geneva Convention is done under the Arbitration (Guernsey) Law 1982, Part II. Enforcement of awards under the New York Convention is under Part VII of the 2016 Arbitration Law.
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