Prime Dispute |
e-INDUSTRY NEWSLETTER |
Prime Dispute is pleased to offer you our monthly e-Industry Newsletter for 2021! We highlight current news, developments and the 'Top 45 Influencers'; supporting our vision for law, dispute avoidance, management and resolution mechanisms as an equal to litigation.
INTERNATIONAL CRYPTOCURRENCY & SMART CONTRACT DISPUTES The Benefits of Arbitration and Mediation - by Paul Sills Read More WOMEN IN INTERNATIONAL LAW & ADR ROUNDTABLE | As the under-representation of senior women within the legal and ADR community remains a critical issue in the field, Prime Dispute fellows discuss the steps the community needs to take to overcome this lack of diversity, the development of the role of women in the profession and future challenges that will be faced by the next generation of female practitioners. Read More ARBITRATION IN SPACE DISPUTES - NEED OF THE HOUR Read More INTERNATIONAL ARBITRATION ROUNDTABLE | Arbitration remains strong and widely accepted as a means of resolving international commercial disputes. Potentially, no other process offers such efficient, impartial, multilateral and clear business mechanism for complex disputes. View the insights from our FPD International Arbitration Panellists. Please note: The 'INTERNATIONAL ARBITRATION ROUNDTABLE' publication includes 2 CPD points for all Prime Dispute members. Read More BUILDING STRONGER ECONOMIES AND REMOVING THE BARRIERS FOR THE POOREST WITHIN SOCIETY Our work supports individuals before and after they enter the commercial world and builds economies, by supporting people, businesses and governments through early understanding of ADR and development programmes. Read More 2021 Monthly Update | Law, Dispute Avoidance, Management & Resolution
External Papers - Supporting Knowledge Download 1 | ADR is Not a Household Term: Considering the Ethical and Practical Consequences of the Public's Lack of Understanding of Mediation and Arbitration Read More Download 2 | The Substantive Value of Diversity in Investment Treaty Arbitration Read More Download 3 | Do Indian courts have the power to modify an arbitral award? Read More Download 4 | 知识产权国际投资仲裁中的公共政策考量 (Public Policy Considerations in Intellectual Property-Related International Investment Arbitration) Read More International Arbitration News UK | Year in review: international arbitration in United Kingdom (England & Wales) Read More Myanmar | Five Years On: The Development of Arbitration Laws and Institutions in Myanmar Read More India | Inside Arbitration: Offshore arbitration in India-related commercial contracts: Wind in the sails Read More Global | Understanding investment treaties: Advantages of investment treaty arbitration Read More Africa | A general introduction to international arbitration in Nigeria Read More Canada | The Pendulum Swings: Parties to UNCITRAL Arbitrations Can Tender New Evidence as of Right on Jurisdictional Challenges Read More Mediation News Mediation | Asking questions - Selecting the Mediator for Commercial Disputes Read More Covid19 support | Prime Dispute has removed the 'Case Submission Fee' for all Mediation cases Read More Global | Commercial Mediation training courses Read More Models | What are the 4 Models of Mediation? Read More Rules | Prime Dispute 'Mediation Rules' now live Read More Adjudication News Adjudicators | NEC3 Contract adjudicator awards binding unless revised by arbitration, South African court rules Read More Overview | What is Adjudication? Read More Early neutral Evaluations News Overview | What is ENE? Read More Dispute Board News Overview | What are DBs, DRBs and DABS ? Read More Top External Picks | Global News 2021
(Between 1st-31st July 2021*) UK | The Civil Justice Council’s report (12 July 2021) on compulsory alternative dispute resolution (ADR) is now live! Read More Conflicts | An interesting read 'Navigating the Quagmire: Conflicts in International Construction Arbitration [2021] ICLR 301'. A short paper authored by Professor Renato Nazzini, Julian Bailey and James Pickavance for the International Construction Law Review. The paper addresses conflicts in three areas: arbitrator conflicts, expert conflicts and conflict of laws. examining the most recent case law and offers practical guidance on each subject. Read More Legal | An interesting read by our member Josep Galvez MPD "However, these problems in court proceedings affect the UK and the EU as well, as asset recovery or enforcement of court judgments becomes more complex and costly for all parties involved, whether in London or Brussels. This circumstance will often significantly impact SMEs as small companies – without legal departments or access to sophisticated legal advice, they will bear the risks and costs involved." Read More Judgement | Interesting read regarding the adjudication process in Ireland, where #JusticeMeenan has delivered an enforcement judgement upholding the Adjudicators decision citing many UK TCC decisions. PRINCIPAL CONSTRUCTION V BENEAVIN CONTRACTORS Read More Judgement | General Dynamics United Kingdom Ltd (Respondent) v State of Libya (Appellant) - A useful read regarding a party wishing to enforce an arbitral award against a foreign state in the courts of England & Wales! The party was required by section 12(1) of the State Immunity Act 1978 to serve notice on the state through diplomatic channels, namely by transmission through the Foreign Office, to that state’s Ministry of Foreign Affairs. Read More Judgement | Triple Point Technology, Inc (respondent) v PTT Public Company Ltd (appellant) [2021] UKSC 29 (JUDGMENT GIVEN ON 16 July 2021). The Supreme Court hearing has been the subject of considerable interest within the #constructionindustry, in particular regarding the interpretation and application of liquidated damages clauses where a contract is terminated after works are delayed but before they are completed. The decision is of general importance with regard to the proper interpretation of clauses governing the payment of liquidated damages. Read More Update | Many people within our profession may feel uncomfortable, to ask the questions because we are fearful of the answers. The statistics highlight the lack of diversity and show we need to do more. A diverse judiciary & dispute resolution profession is surely essential to the move towards equality and support a better working world! "Of the 5,000 judges in post in courts and tribunals across England and Wales, 5% are Asian or Asian British, and 1% are black." Read More Judgement | Aviva Investors Ground Rent Group GP Limited and Aviva Investors Ground Rent Holdco Limited v Shepherd Construction Limited - Interesting read regarding the wording of clause 7.2 #JCT design & build contract which has stood unamended for years. Its impact has remained largely untested in the Courts, until last week (09/07/2021). Read More Expert Determination | Mrs Justice Jefford provides clarity regarding the dispute resolution process expert determination Read More Corporate Membership | Prime Dispute opens 'Corporate Membership' to all industry sectors who value the benefits of resolving disputes out of Court. Read More Legal | Views on dispute avoidance and resolution from senior judiciary Read More Expert Witness | Conflict of interest issues for expert witnesses in construction and engineering cases are a frequent topic of conversation on this group. Attached below a good read - written by Julian Bailey and published by the The Construction Law Journal. View More Industry | Embrace your professional development, gain your membership designation or drive your organisation forward with our 17 supporting guides to training. If you would like to undertake or reserve your place for our online training courses Read More Judiciary | The Supreme Court hearing has been the subject of considerable interest within the construction industry, in particular regarding the interpretation and application of liquidated damages clauses where a contract is terminated after works are delayed but before they are completed. The decision is of general importance with regard to the proper interpretation of clauses governing the payment of liquidated damages. Triple Point Technology, Inc (respondent) v PTT Public Company Ltd (appellant) [2021] UKSC 29 (JUDGMENT GIVEN ON 16 July 2021) Read More FPD Update | Congratulations to our Fellow Rod Appleyard FPD, who has now completed and passed the Aberdeen University/Bond Solon Law faculty exams for excellence in being an expertwitness in the Scottish Courts. Read More FPD Update | Congratulations to our Fellow Dr. Herfried Wöss FPD, for being recognised by The legal 500 (Legalease) for the following: (1) Wöss & Partners as Top Tier in Arbitration in Latin America, (2) Dr. Herfried Wöss as leading individuals, and (3) Dr. Herfried Wöss in the Latin America Arbitration Powerlist. Read More |
Knowledge
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Business Strategy Updates | 2021
Membership Certificates | Our new digital Fellowship certificates have now been sent out to all FPD members. If you have gained Fellowship and not yet received your digital copy, please email: [email protected]. If you have any other questions regarding 'Digital Certificates' please view our FAQs. Read More Regulation | Our 'Business Ethics & Conflict of Interests Policy' Article 3.10 'Greener Dispute Resolvers' makes clear our responsibility to industry and how we plan to support our members Read More Academy | One Day Courses - Syllabus for Commercial Contracts, Syllabus for Contract Law and Guidelines for Educators delivering 'Optional Modules' are now live. Read More Authority | Prime Dispute updates the 'Administration Process of Cases Note' & includes cases administered under the Housing Grants, Construction & Regeneration Act 1996 & Scheme for Construction Contracts. Read More Fellowship | Next steps after gaining Fellowship? A priority pass to join our 'Panels' & gain certification as an 'Educator' can be requested if you are accepted as an FPD member and meet the criteria requirements Read More Government & Business | The DRG is aimed at Government & Business and will provide step by step guidance and clear policies & strategies View More Certified Educators | Training and Events; delivered by our FPD Educators entitles candidates to CPD points | View how 'FPD Members' can gain certification as an Educators' - The four step guild Read More Vision 2035 | "It is our dedication & determination to present a vision fit for the future. It is an ambitious & achievable vision, which expresses our long-term objective & incorporates the strengths & capability of the conflict/dispute avoidance, management and resolution". If you have any questions, please email: [email protected] Professional References | We are pleased to confirm our new link supporting 'Professional References' for our FPD members is now live! "Professional references are recommendations from individuals who can vouch for an FPD (Fellow Prime Dispute) member to join the 'Panels', gain 'Certified Educator' status, make a professional recommendation or similar. A professional reference can be provided by an individual who is active in your sphere of professional practice, and who has first hand knowledge of your involvement in dispute avoidance, management and resolution." Read More |
UK Supreme Court Cases | 2021
UK Supreme Court | The Supreme Court has handed down today a significant judgment in Harcus Sinclair LLP and another (Respondents) v Your Lawyers Ltd (Appellant) that addresses the restraint of trade doctrine and non-compete undertakings given in the context of group litigation. Read More |
Top 45 Global Influencers
Members most interactive on our social media platforms / 1st-31st July 2021*
Prime Dispute / Is a global membership organisation for qualifications and standards in law, dispute avoidance, management & resolution
FPD (Fellow Prime Dispute) | MPD (Member Prime Dispute) | APD (Advocate Prime Dispute) | Trainee
Members most interactive on our social media platforms / 1st-31st July 2021*
Prime Dispute / Is a global membership organisation for qualifications and standards in law, dispute avoidance, management & resolution
FPD (Fellow Prime Dispute) | MPD (Member Prime Dispute) | APD (Advocate Prime Dispute) | Trainee
Number 'One' Global Influencer (Holding the position for the 6th time this year):
Kathleen Frascona MPD (Commitment to our Mission Award in Dispute Resolution 2020) Mediator, Consultant, Developmental Coach, Author, Healthcare ADR, Keynote Speaker Hershey, Pennsylvania, United States |
2. W. Patrick McPhilamy, III FPD
3. Ademola.M.Abdulkareem APD 4. Khadijat Ahmed APD 5. Paul Achigasim APD 6. Derek Martin Mc Elearney MPD 7. Arlene Kiefer APD (Social Media Influencer Award in Dispute Resolution 2020) 8. Knut Kirkhus FPD 9. Stuart McDonald FPD 10. Reinhard Boehmer FPD 11. Mark Crane FPD 12. Entoni Zaini APD 13. Abba Maiwada APD 14. Rashda Rana SC FPD (Dispute Resolution Award of the Year - United Kingdom & Ireland 2020) 15. Giovanni Di Folco FPD (Dispute Resolution Award of the Year - Europe 2020) 16. Adrian Kearney FPD 17 YahayaIsah Abdulrasheed APD |
18. Chris Bancroft APD
19. Wael Ghadban APD 20. Robin David FPD 21. Leigh Belasco FPD 22. Kelechi Onwubiko MPD 23. Stuart Bosley FPD 24. Paul Sills FPD (Equality & Diversity Leader Award in Dispute Resolution 2020) 25. Yvonne Hanly MPD 26. Daniel Alcon FPD (Dispute Resolution Award of the Year - Asia 2020) 27. Hon Dr Michael Keith Daly FPD 28. Tiwalade Aderoju FPD 29. John Dowse FPD 30. Andrea Colorio FPD 31. Azubike Okoye FPD 32. Hammad Khan APD 33. Mark Renelt APD 34. Tim Yimin FPD |
35. Ish Jain FPD
36. Dr Kabir Duggal FPD (Dispute Resolution Award of the Year - Americas 2020) 37. Chantelle Humphries FPD 38. Isaiah Bozimo FPD (Dispute Resolution Award of the Year - Africa 2020) 39. Matt Kidd FPD 40. Anish Wadia FPD (Dispute Resolution Award of the Year - Global 2020) 41. Robert Sliwinski FPD (Dispute Resolution Award of the Year - Middle East 2020) 42. Dr Herfried Wöss FPD (Outstanding Global Achievement in International Arbitration 2020) 43. Pijan Wu FPD 44. Vijaya Bhasker Kankipati FPD 45. Murat Metin Hakki FPD |
Sectors | UK & International
Support your sector | Join as a member and help avoid, manage and resolve disputes
Insights | Academy | Membership | Authority | Regulation
Aerospace, Defence and Automative
Accountancy Architectural Banking & Capital Markets Business Services & International Markets Charities and Donors Chemicals & Performance & Technologies Counselling Education Engineering Energy and Natural Resources Family Welfare Fashion Financial Services |
Food and Drink
Forest, paper & packaging Government & Public Sector Healthcare Hospitality & leisure Human Resources Insurance Intellectual Property Legal, ADR & ODR Land, Property, Construction & Infrastructure Leisure Life Sciences Manufacturing Media & Entertainment |
Mining & Metals
Oil & Gas Private Equity Professional Services Religion Retail & consumer Sports Strategy Technology & Telecommunications Training & Development Transport Wealth & Asset Management |
Corporate Members | Join us and gain your digital profile | Read More
Corporate Sponsors | Join us and share your mission | Read More
*Please note only Prime Dispute members will have a membership designation after their name (Unless they are a 'Trainee Member').