Originally from World Arbitration Reporter (WAR) - 2nd Edition

Preview Page

I.   INTRODUCTION: ARBITRATION IN FIJI – HISTORY AND INFRASTRUCTURE

A. History and Current Legislation on Arbitration

The passage of the International Arbitration Act 2017 (“International Arbitration Act”) was a major development for arbitration in Fiji which brings its legislation in line with other state parties to the 1958 Convention on the Recognition of Foreign Arbitral Awards (“New York Convention”).

Prior to the passage of the International Arbitration Act, arbitration in Fiji was governed solely by the Arbitration Act 1965 (“1965 Act”). The 1965 Act was introduced, in 1965, because it was recognized that there was a need to provide for “relatively simple and up-to-date procedure for the reference of disputes to arbitration without having recourse of courts.” 

On 27 September 2010 Fiji became the 145th country to ratify the New York Convention. The New York Convention came into force in Fiji from 26 December 2010. 

It was seven years before the International Arbitration Act was passed to give legislative effect to the New York Convention. The International Arbitration Act is based on the United Nations Commission on International Trade Law Model Law on International Comercial Arbitration as amended in 2006 (UNCITRAL Model Law). Among other things, Parliament hoped that Act would increase investment in Fiji and create a regional hub for arbitration. 

The International Arbitration Act did not repeal the 1965 Act, which remains in force, although its scope is now limited to non-international arbitration