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6 August 2022

Prime Dispute |
e-INDUSTRY NEWSLETTER | 

Prime Dispute is pleased to offer you our monthly e-Industry Newsletter for 2022! We highlight current news, developments and the 'Top 65 Influencers'; supporting our vision for law, dispute avoidance, management and resolution mechanisms as an equal to litigation.

INTERNATIONAL MEDIATION ROUNDTABLE | Over the last decade the approach taken by commercial parties towards dispute resolution has changed. While traditional forms of dispute resolution remain popular, commercial parties are increasingly looking to alternative forms of dispute resolution mechanisms to find methods of dispute resolution which better suit their commercial needs and deliver efficient and effective results. But does mediation provide the answer? 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

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 

2022 Monthly Update | Law, Dispute Avoidance, Management & Resolution 
External Papers - Supporting Knowledge
Download 1 | The Concept and History of Arbitration in Ethiopia Read More
Download 2 | Scope of ‘Arbitrability’ and ‘Public Policy’ As a Ground for Setting Aside An Arbitral Award under Section 34 of the Indian Arbitration and Conciliation Act, 1996 Read More
​​Download 3 | Reconceptualizing the Party-Appointed Arbitrator 
Read More
Download 4 | Metaverse Arbitration for Resolving Blockchain Disputes 1.0.... Read More
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International Arbitration News

UK | The Commercial Court handed down a notable judgment today on the steps needed to appoint an #arbitrator - "If I am wrong, and it is necessary for the court to determine whether a binding contract has been concluded between the appointing party and the arbitrator, then I am satisfied that, as a matter of English #law at least, this is a context in which it will ordinarily behove the arbitrator to specify any conditions of their willingness to accept the appointment if they are to operate as a bar to appointment, failing which the arbitrator’s confirmation of their willingness to act (either in response to the arbitrating party’s offer of the appointment or where this is followed by that party’s confirmation of the appointment) are sufficient for the required contract to come into existence." Read More
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Mediation News

Judgement | An interesting read for law firms and Mediators - The High Court has ruled that a #lawfirm should face some costs sanction for ignoring multiple requests to mediate a professional #negligence claim. "In circumstances where neither side made a cost-effective Part 36 offer, the Defendants' unreasonable conduct in relation to #mediation is in my judgment sufficiently marked by an order that they pay the Claimants' costs down to and including trial on the standard basis. That is an appropriate "sanction" for them not engaging in a process of #ADR which might have curtailed those costs in a significantly lower sum at an earlier stage of the proceedings." His Honour Judge Russen QC Read More
Support | 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
FPD | How do you decide if mediation is right for your dispute? Read More

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Adjudication News
​Overview | What is Adjudication? Read More

UK | The Technology and Construction Court (TCC) handed down a significant decision 'The Metropolitan Borough Council of Sefton v Allenbuild Ltd [2022] EWHC 1443 (TCC)' - HHJ Hodge QC enforced an adjudicator's decision, rejecting an application for a stay pending referral of the dispute to arbitration. This judgement will have significant implications for any contracts involving multiple dispute resolution procedures and construction contracts. An interesting decision and an insightful final paragraph "Give that practical completion of this construction project was certified almost 15 years ago, I recognise that the 'pay now, argue later' policy that underlies the adjudication provisions of the Construction Act has something of a hollow ring in the present case. However, in this court, hard cases do not make bad law."  Read More
UK |
Useful read and watch for Adjudicators - Abbey Healthcare (Mill Hill) Ltd v Simply Construct (UK) LLP. [2022] EWCA Civ 823. This judgement provides useful guidance to adjudicators. The Court of Appeal restored clarity in this area of law, holding by a majority decision that collateral warranties can be classified as "construction contracts" in terms of section 104(1) of HGCRA 1996 and that accordingly there was a right to adjudicate under these forms of agreement. Read More
UK | An interesting read for Adjudicators - In Liverpool City Council v Vital Infrastructure Asset Management (Viam) Ltd (In Administration) [2022] EWHC 1235 (TCC), HHJ Stephen Davies, sitting as a High Court judge in the TCC, held the #adjudicator had breached the rules of natural justice by deciding the dispute on a basis that neither party contended for and without giving the parties an opportunity to make submissions. This case is a stark reminder to adjudicators regarding the risks associated with not giving parties adequate opportunity to respond. Read More
FPD | Our Fellow Peter Vinden FPD opinion piece on 'A case with big implications for collateral warranties' Read More


Early neutral Evaluations News
Overview | What is ENE? Read More 


​Dispute Board News
Overview | What are DBs, DRBs and DABS ? Read More 

Expert Witness News

Overview | An interesting read for an #expertwitness - Specifically paragraphs 49 - 54. "Unfortunately, it was plain, throughout the course of the oral evidence given by Mr P and from various paragraphs of his report (such as paragraphs 5.50, 5.55 and 5.56) that he was arguing the Defendant’s case. A case to which Mr P repeatedly referred as “our case”. This was illustrated time and time again by Mr P not answering counsel’s questions, challenging the veracity of the underlying factual evidence presented by the Claimant, relying on argument rather than expert opinion and totally disregarding the merits of the argument being advanced by him. Mr. P's expert report suffered from many of the shortcomings that were evident during his oral evidence." Read More
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Fellowship Update

FPD | Our Fellow Dr. Herfried Wöss FPD and Prof. Dr. Nikos Lavranos on Emerging Expropriations and Investment Protection in Russia  Read More
FPD | Prime Dispute would like to congratulate our Fellow Dr. Tariq Mahmood FPD, on his judicial appointment as Chair of the Valuation Tribunal for England. “Tariq should be a terrific chair of the Tribunal,” said former BVI Commercial Court Judge - Barry Leon, an arbitrator and mediator who has worked with Dr. Mahmood in various ways over the past few years. “He will bring to Tribunal hearings of council tax appeals and business rate appeals his efficiency, sound judgment and fairness”. 33 Bedford Row  Read More
FPD | Congratulations to our Fellow Giovanni Di Folco FPD on his achievement! "I am truly indebted to my clients and peers for having helped me to be listed by Who's Who Legal as a Thought Leader in #Arbitration 2022. This is truly an honour and the highlight of my career in arbitration as an arbitrator, counsel and expert witness, which will definitively help my arbitration practice." Read More 
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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 | 2022
Membership Update | Prime Dispute launches new ‘Mental Health Pledge' to support our Global Profession. Read More
Membership Certificates | 8 frequently asked questions, regarding your digital membership certificate View More
Awards | Individual contribution to the field of dispute resolution! Discussions are now taking place regarding 2022* recipients. The categories cover the breadth of our profession, allowing members across all aspects of dispute resolution to have their achievements held up as an example to the sector. 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: 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
Awards | Training & Development
​Prime Dispute Awards showcase our most inspirational individuals in dispute resolution. They celebrate the achievements and successes of Prime Dispute members and their impact on local and international communities. Each year Prime Dispute recognises our individual members and firms that have performed exceptionally well from our analysis. After an in-depth examination of our findings, we have identified a member in each of our key practice areas. View More
Discussion | Updates 2022 
​​Useful Insights | "Obelisk Support and LexisNexis look at the trends changing legal work and what this means for lawyers' careers." Featuring Prime Dispute Fellow Rashda Rana SC FPD. 

​​​Top 65 Global Influencers
Members most interactive on our social media platforms / 1st - 31st July 2022*
​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: Kathleen Frascona MPD ​ 
(Social Media Influencer Award in Dispute Resolution 2021)
Mediator, Consultant, Developmental Coach, Author, Healthcare ADR, Keynote Speaker
Hershey, Pennsylvania, United States 
​2. W. Patrick McPhilamy, III FPD (Commitment to our Mission Award in Dispute Resolution 2021)​
3. Rashda Rana SC FPD​​​​​​ (Equality and Diversity Leader Award in Dispute Resolution 2021)​
4. Mikhail Behl FPD
​5. Paul Achigasim APD
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​​​6. Abba Maiwada APD
7. Chris Bancroft APD​​​​​​​​
​​​8. Mark Crane FPD
​​9. Dr Zakiyyu Muhammad APD 
10. Robert Shawyer FPD
​​11. Khadijat Ahmed APD
​​​12. YahayaIsah Abdulrasheed APD
13. Muhammad D. Usman APD

​​14. Giovanni Di Folco FPD (Dispute Resolution Award of the Year - Individual & Firm 2021)​
15. Wael Ghadban APD 

16. Dinesh Bishnoi FPD
​17. Dr Tariq Mahmood FPD ​

​18. Knut Kirkhus FPD
​19. Shubham Wali Ganju APD 
​​20. Michael Jonathan Numa FPD
​21. Ishaq Muhammad APD 
​​22
. Henk Louw FPD
​​23. Piyal Lalitha Perera MPD ​
​24. Daniel Alcon FPD 
​25. Elizabeth Ebelechukwu Arubalueze APD ​​​​​
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​26. Andrea Colorio FPD  (Dispute Resolution Award of the Year - Europe 2021)​​​
27
. Kelechi Onwubiko MPD
28. Stuart Bosley FPD 
​​29. Yvonne Hanly MPD ​

​​30. Stuart McDonald FPD
31. Hon Dr Michael Keith Daly FPD 

​32. Hammad Khan APD 
33. Sushmita Gandhi FPD 
​34. Ebrahim Lakhi MPD 
​35. Oyeniyi Sodimu APD
36. Azubike Okoye FPD
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​37. Karen Cheung FPD
38. Matt Kidd FPD (Dispute Resolution Award of the Year - Middle East 2021)​​
39. Ir Albert YEU (饒汝新) MPD​

​40. Roger Asper MPD 
​41. Entoni Zaini APD

42. Sanu John Kackary APD
​43. Dr Herfried Wöss FPD 

​​​​​44. Chantelle Humphries FPD (Dispute Resolution Award of the Year - Africa 2021)​​

​​45. Sahil Kapoor APD ​
46. Dr Kabir Duggal FPD (Dispute Resolution Award of the Year - Global 2021)
​47
. Adrian Kearney FPD​​
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​48. Damian James FPD
​​​49. John Dowse FPD (Dispute Resolution Award of the Year - Americas 2021)​​​​
50. Jarlath Kearney FPD 

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​51. Leigh Belasco FPD
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52. Robin David FPD​​ 
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​53. Judge Srđan Šimac MPD
​54. Dr Tanya Hendry FPD 

​55. Mourad ALTrawneh APD ​
56. Abdulaziz Aliu APD
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​​57. Ish Jain FPD

​​58. Paul Sills FPD (Outstanding Global Achievement in Commercial Mediation 2021)
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​59. Tim Yimin LIU FPD
60. Ross Russell FPD ​
​​​​​​​61. Anish Wadia FPD (Dispute Resolution Award of the Year - Asia 2021) ​ ​ 
​62. Lucy Greenwood FPD (Climate Change Leader Award in Dispute Resolution 2021)
​63. Isaiah Bozimo FPD ​​​​
64. Mian Sheraz Javaid FPD​​​​​​​​​​​
65. Ratan K. Singh (Outstanding Global Achievement in International Arbitration 2021)
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*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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*Please note only Prime Dispute members will have a membership designation after their name (Unless they are a 'Trainee Member'). 
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Prime Dispute / Is a global membership organisation for qualifications and standards in law, dispute avoidance, management & resolution 


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