33 Bedford Row and Arbitration Place arbitrator and mediator Hon. Barry Leon was interviewed by The King’s Counsel Magazine for its February 2024 special issue. The magazine says that the “interview is must reading for legal practitioners in the Caribbean, Canada, the U.K., throughout the Commonwealth, and beyond.”

In the interview, Barry discusses his commercial dispute resolution work – as counsel in Canada and then as a judge in BVI, and now as arbitrator and mediator.

He talks about a wide range of subjects, from the BVI Commercial Court to the development and use of arbitration and mediation in Canada and the Caribbean, and from London as a centre of arbitration to the key advantages of each of the two dispute resolution processes.

When asked about London as a centre of arbitration, Barry explains that it is one of the main arbitration centres in the world, with numerous advantages including English arbitration law, the strong and large community of arbitration practitioners, the fact that many commercial transactions are under English law, a judiciary that understand and supports arbitration, a terrific arbitration hearing centre, and a strong arbitration culture. “I have sat on arbitral tribunals with some terrific English arbitrators. While I am not an English lawyer, my time as the BVI Commercial Court Judge, and my Canadian legal background, means that often I am a suitable candidate for English law disputes.”

Barry explains that in Canada there has been a sea change in the acceptance and use of arbitration in the past decade, and how the Caribbean is moving in that direction. Barry discusses how the growth of arbitration will benefit not only the disputing parties, but also justice systems and economic development.

“Having effective and efficient commercial dispute resolution facilitates trade and commerce, and spurs economic development. This is especially important for SMEs, which predominate in the Caribbean and elsewhere, and which cannot afford to have unresolved disputes and significant legal costs for dispute resolution.”

When asked about BVI as a seat for arbitration, Barry notes that disputing parties “would be hard pressed to be able to keep their disputes out of the public eye as well anywhere else. Parties desiring confidentiality should look hard at BVI as their seat.”

Barry also speaks about the Caribbean initiative of the Institute for Transnational Arbitration, which published last year the Final Report and Recommendations of the ITA Caribbean Task Force, of which he is a Co-Chair. It outlines recommendations on how the ITA can assist to develop and enhance arbitration in the Caribbean.

Read the article in full here.