Former High Court judge Mr Cyril Kelly, who resigned last year over the Philip Sheedy affair, has been accepted as a member of the Chartered Institute of Arbitrators (Irish branch).
His appointment means that he may arbitrate (sit as judge and jury) on any matter governed by arbitration laws. His decisions, like that of any other arbitrator, cannot be overturned other than on appeal to the High Court on a point of law.
Mr Kelly, who has been assisting in the legal practice of his wife since he retired from the bench in April 1999, was granted associate membership of the 560-strong institute.
Chaired by Mr David Keane, brother of the Chief Justice, the organisation is composed of professionals from a cross-section of industries including law, banking and accountancy.
Arbitrators earn from £750 to £1,000 a day, but Mr Kelly's appointment does not mean he will automatically receive work. He has to be found acceptable to the parties concerned in an arbitration before he is adopted as arbitrator.
He may, however, be appointed by the institute to arbitrate in a case if the parties involved fail to agree on a suitable candidate. Each year, between 150-200 arbitrators are appointed in this manner.
It is understood that due to his vast legal experience, Mr Kelly was exempted from sitting a series of examinations and completing a dissertation, which are normally required for membership. He may, however, be compelled to sit other exams if he wishes to graduate to intermediate membership of the institute or ultimately become a fellow.
Arbitration is increasingly being used as a means of solving contract disputes in sectors such as construction and engineering. Cases which go to arbitration rather than through the courts tend to be more cost-efficient and speedily resolved.
Most insurance policies now incorporate arbitration provisions in respect of indemnity disputes, and in recent years, travel contracts have begun providing for disputes to be referred to arbitration.
