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6 AUGUST 2021

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
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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

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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
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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
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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
​Innovating the future of Conflict/Dispute Avoidance, Management & Resolution
Click below to view the latest updates on our social media platforms!

Join Us | Prime Dispute works to create the best environment for all Industry sectors and economic growth. We work with our members to drive the conditions in which businesses, government and professionals can thrive. Membership provides international qualifications, access to a whole host of benefits, shared values, guidance, support and connections to others within our profession. View our requirements for membership. Read more

COVID-19 | Prime Dispute remains committed to all our members and clients during this difficult period. Should you have any question or require any support, please email contact@primedispute.com
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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: contact@primedispute.com. 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
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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: contact@primedipsute.com

​​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

Courses | Training & Development
​Accredited Mediation | View More
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International Arbitration | View More
Conflict Avoidance & Resolution (CAR) | View More
Construction Adjudication | View More

Commercial Contracts | View More
​Contact Law | View More

Equality & Diversity | View 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 ​
Prime Dispute
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 
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​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​​
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​​​​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)
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​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
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​34. Tim Yimin FPD ​​​​​​​​
​​35. Ish Jain FPD​​​
36
. Dr Kabir Duggal FPD (
Dispute Resolution Award of the Year - Americas 2020) ​
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37. Chantelle Humphries FPD​​​​​​​​
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​​38. Isaiah Bozimo FPD (Dispute Resolution Award of the Year - Africa 2020)​
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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 

*We are sharing, via the use of our social media platforms that; dispute avoidance, management & resolution mechanisms can help resolve disputes as an equal to litigation / *Please note the 'Top Global Influencers' only features names of members who have gained Prime Dispute Membership Designations

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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'). 
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About Prime Dispute 
​
Prime Dispute / Is a global membership organisation for qualifications and standards in law, dispute avoidance, management & resolution 


Our purpose / Helping industry create a more prosperous and conflict free working world.

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