Dr. Christopher Malcolm, Secretary General of the Jamaica International Arbitration Centre and former Attorney General of the Virgin Islands has nothing but good wishes for the BVI Arbitration Centre. Photo: Provided

The British Virgin Islands International Arbitration Centre, like its counterpart in Jamaica has its challenges but projecting its failure is foolish according to Dr. Malcolm and not something that he would do. Photo: BVI Arbitration website

Dr. Malcolm called on all arbitration centres to work together in synergy and had only good wishes for the BVI. Photo: Provided

Instead, he offered only good wishes for the BVI IAC and noted that the failure of any centre in the Caribbean could have negative implications for every other in the region. It would therefore be “foolish” of him to wish bad for the local arbitration centre.

The content of both the BVI News and BVI Platinum articles were pulled from an article published in the Jamaica Observer on July 26, 2017, which came out of a regular Monday Exchange in which the Editorial Board of the newspaper meet with stakeholders on a critical issue and then publish their stories based on the conversations in that meeting. The story quoting Dr. Malcolm allegedly knocking the BVI Arbitration Centre is in one of three stories already published out of that Monday Exchange.

Poor Journalism, "I was not even contacted"

This news site made contact with Dr. Malcolm, who expressed surprise that both BVI News and BVI Platinum news have published stories referring to statements he supposedly made without having made any contact with him to verify accuracy or context of his statements.

Dr. Malcolm further stated that he sent two comments to BVI Platinum using his correct name seeking to clarify the position and in response to what was published but none have been posted.

The regional arbitrator who strongly believes in supporting other arbitration centres made it clear that he said nothing to suggest that the BVI Arbitration centre would fail.

“As with any other Jamaica Observer Monday exchange, there was a conversation in which the editors asked several questions, including about what is happening with arbitration elsewhere in the region and the implications Jamaica. In that conversation, nothing was said to suggest that the BVI is doomed to fail as a centre,” Dr. Malcolm told this news site.

In clarifying what was stated, the Secretary General of the Jamaica International Arbitration Centre said, “I indicated that there are comparative advantages that Jamaica has over the BVI in SOME areas including historical and continuing good relations with parts of Latin America, and easy flight connections to Jamaica from anywhere in the world. I also indicated that notwithstanding the heavy investment of the BVI in their arbitration initiative there are persons who will still prefer Jamaica over the BVI for their arbitration”. He further noted that the meeting emphasized that “Jamaica had the advantage of producing several law graduates every year which is a talent reservoir that can be tapped for arbitration and other legal services industry development to serve the local, regional and international communities”.

“Foolish not to wish the BVI well”

When it comes to the BVI Arbitration Centre, Dr. Malcolm who is also the Immediate Past Chair of the Chartered Institute of Arbitrators - Caribbean Branch, and author of the Jamaica Chapter in the World Arbitration Review wished the BVI well and indicated that he will, if possible and if asked to, support its development. “… it will be foolish to do otherwise as any failure within the Caribbean will negatively impact every centre that is seeking to be established in the region.”

While accepting that like Jamaica, the Virgin Islands has work to do given developments across the region and the nature of the arbitration target market, Dr. Malcolm was clear in his commitment to the Jamaican cause. He suspects that the Chief Executive Officer of the BVI Arbitration Centre, Mr. Francois Lasalle, is operating on a similar basis and is focused on what is best for the BVI. “Let us move forward together where possible and not seek to editorialise or read more into comments without at the very least seeking clarification for accuracy and context before publication,” he said speaking about the articles that were published in the BVI Platinum and the BVI News.

Failure of one is failure of the rest

BVI Platinum News quoted Mr Russell Harrigan of Business BVI as saying that the BVI welcomes regional competition but Dr. Malcolm said he would even go further than that.

“I would go beyond what Russell Harrigan has said and counter that we should not have a fixation on competition but instead recognize that there is need for all of us in the Caribbean to work together to build out a viable regional space for arbitration and other Alternative Dispute Resolution service provision.”

He continued, that “Once this happens, individual countries will fall or rise by reference to their comparative advantages; however, we should bear always in mind that in this arena failure of one could lead to a domino failure effect.”