Prime Dispute |
e-INDUSTRY NEWSLETTER | 🎄
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Prime Dispute is pleased to offer you our monthly e-Industry Newsletter for 2021! We highlight current news, developments and the 'Top 50 Influencers'; supporting our vision for law, dispute avoidance, management and resolution mechanisms as an equal to litigation.
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 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 2021 Monthly Update | Law, Dispute Avoidance, Management & Resolution
External Papers - Supporting Knowledge Download 1 | Third Party Funding of Investment Arbitration Read More Download 2 | A Framework for Improved Protection of Trademarks Read More Download 3 | Arbitration as a Legal Mechanism in the Settlement of Disputes under Cameroonian Law Read More Download 4 | Kleros: A Socio-Legal Case Study Of Decentralized Justice & Blockchain Arbitration Read More International Arbitration News UK | Challenge under s.67 or s.68 of the #ArbitrationAct1996 - Minister of Finance (Incorporated) & Anor v International Petroleum Investment Company & Anor [2021] EWHC 2949 (Comm) (04 November 2021) - Mr Justice Baker in the Commercial Court granted the extension of time required by the claimants for bringing a serious irregularity arbitration claim under section 68(2) of the Arbitration Act 1996. The court conceded that this was no doubt an exceptional length of extension to grant but described it as ‘an exceptional decision to meet the justice of an exceptional case’. Read More International | An interesting read - In Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait), the Supreme Court ("UKSC") has provided further confirmation of the approach to determining the law that will govern an arbitration agreement. The Commercial Court, the Court of Appeal and now the Supreme Court have all found in Kout's favour. As the Supreme Court indicated in Enka v Chubb [2020] UKSC 38, where the parties have agreed that English law shall govern the main contract, this will normally indicate that the parties intended English law to also apply to the arbitration agreement. Read More Mexico |The Tenth Investment Arbitration Forum took place online. The webinar was jointly organised by our fellow Dr. Herfried Wöss of Wöss & Partners and Prof. Dr. Guillermo Estrada Adán "The topic of this year’s forum was 'The Second Mexican Energy Reform' and the impact of the multiple regulatory and legal changes by the Mexican government on energy investments and different investment arbitration scenarios." Read More Dubai | Dubai Cassation Court clarifies the limit of permitted extension periods for issuance of awards under the DIAC Arbitration Rules 2007 Read More India | Indian arbitration update | arbitrator cannot award pendente lite interest Read More UK | AIG Europe SA v John Wood Group plc [2021] EWHC 2567 (Comm). Interesting read - The High Court continued antisuit injunctions restraining the defendant from pursuing proceedings in Canada in breach of an exclusive jurisdiction clause and a valid #arbitration agreement. Wood Groups insurer Chubb’s point was that the insurance policy contained an exclusive jurisdiction clause in favour of the English court and sought an injunction to prevent Wood Group commencing proceedings in Canada which would breach that provision. Mr JUSTICE JACOBS considered that there was a high degree of probability that the policy did contain an exclusive jurisdiction clause in favour of the English court and that there had been no failure in its duty of full & frank disclosure when it initially obtained the injunction on an ex-parte basis. Read More UK | NWA v NVF [2021] EWHC 2666 (Comm) - An interesting read in which the Commercial Court, THE HONOURABLE MR JUSTICE CALVER, has confirmed that the failure of a party to comply with a contractual term requiring #mediation before a dispute is referred to #arbitration is not a matter which affects the jurisdiction of an arbitral tribunal and rather is only relevant to the admissibility of the dispute. 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 FPD | Pleased to see our fellows Mian Sheraz Javaid FPD recent publication in Comparative Law Yearbook of International Business - vol 43. A New Mediation Act? The Way Forward for Pakistan Read More FPD | How do you decide if mediation is right for your dispute? Read More Adjudication News 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-30th November 2021*) UK | This Call for Evidence is seeking evidence on Dispute Resolution from all interested parties, the judiciary, legal profession, mediators and other dispute resolvers, academics, the advice sector, court users. Read More Arbitration Survey | An interesting read regarding 'Arbitration in Court - Observations on over a decade of arbitration-related cases in the English courts'. The survey provides a close analysis of over 500 arbitration-related cases. The survey provides a snapshot of the trend of cases being brought before the English courts. It does reinforces the view that England is an arbitration-friendly jurisdiction with a judiciary well-versed in dealing with arbitration issues. "...it seems to me that the statistics demonstrate that the arbitral regime created by the Arbitration Act 1996 has provided - and continues to provide – the perfect interface between, on the one hand, the English courts and the large number of arbitrations with London seats. I have no doubt that it is one of the reasons why London continues to be the pre-eminent choice of seat for international arbitration." Read More Panels | FPD Digital Profiles now include the specific 'Panels' our members have joined. Prime Dispute's panels consist of senior and experienced practitioners who are trained arbitrators, mediators and dispute avoidance/resolution specialists*. All individuals who are members of one of these panels have demonstrated to Prime Dispute, that they have a suitable level of experience and knowledge in their discipline. Read More Equality | Blue plaque for first practising female barrister Helena Normanton unveiled* - A blue plaque dedicated to legal pioneer Helena Normanton KC, the first woman barrister to practise in England and Wales, was unveiled by #LadyHale. Helena’s blue plaque marks the location she lived at in London whilst becoming the first woman admitted to an Inn. This was also day the Sex Disqualification (Removal) Act 1919 received royal assent on 24 Dec 1919. Read 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 Expert Witness | Interesting read - Mansion Place Ltd v Fox Industrial Services Ltd [2021] EWHC 2972 (TCC) (12 November 2021). This judgement highlights the need for businesses and their advisers to ensure they are compliant with the new practice direction rules when preparing witness statements. The TCC has provided additional guidance on the interpretation of the new Practice Direction 57AC (PD57AC). Read More Equality and Diversity | As part of our mission for Equality and Diversity a new Article 3.12 (a-g) has been added to Prime Dispute 'Business Ethics & Conflict of Interests Policy'. This will support and provide guidance to both our #Members and #Executives. Article 3.12 should be read in conjunction with our existing 'Equality and Diversity Policy'. Read More Disputes | Any party in dispute may apply for a nomination using our online 'Application Forms'. There is no charge* for Prime Dispute to make a nomination, until further notice! Read More FPD | We are pleased to confirm Dr Tanya Hendry FPD has gained Prime Dispute Fellowship. View the FPD Digital Profile Read More Mediation Roundtable 2022 | Prime Dispute International Mediation Roundtable 2022! We will be requesting six of our fellows to participate in our 'International Mediation Roundtable 2022'. If you have a question for the Panel, please email: contact@primedispute.com Read More Climate Change | Article written by our fellow Lucy Greenwood #FPD "...To have the best chance of avoiding a 2℃ rise in global temperatures, the average global carbon footprint per year needs to drop to under 2 tons by 2050. Individual practitioners should also be calculating their carbon footprints and establishing targets for decarbonising their practices..." Read more FPD | Prime Dispute Fellow Andrea Colorio #FPD has joined the new editorial board of the Review. "it is also a great satisfaction to have published, in the first issue of the new era, an article entitled "Arbitration and Neuroscience in the Context of Arbitral Decision-Making. And More?", which addresses the issue of arbitral decision-making with particular regard to the unconscious, cognitive and cultural limits that, according to some, might influence the activity of international arbitrators and, more generally, with respect to the importance, for arbitration, of the most recent developments in the field of neuroscience." 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 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 Dispute Resolution Service | Dispute resolution mechanisms are a way for businesses and individuals to resolve disputes without going to court. It's quick, private, usually cheaper than conventional litigation in the courts. Prime Dispute can arrange the appointment/nomination, from its Panels, of dispute resolver (Arbitrators, Mediators, Adjudicator, etc) to deal with a dispute. Prime Dispute provides a specialist dispute avoidance, management and resolution service, led by our senior 'FPD Panels'. The Dispute Resolution Service is a fast, efficient way to resolve disputes out of Court! Read More |
Knowledge
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Business Strategy Updates | 2021
Membership Update | Our requirements to gain Prime Dispute membership have now been updated. This will impact all members who gained Prime Dispute membership after 1st September 2021. Read More
Membership Certificates | 8 frequently asked questions, regarding your digital membership certificate View 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
Membership Update | Our requirements to gain Prime Dispute membership have now been updated. This will impact all members who gained Prime Dispute membership after 1st September 2021. Read More
Membership Certificates | 8 frequently asked questions, regarding your digital membership certificate View 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
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Courses | Training & Development
Accredited Mediation | View More 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 |
The Supreme Court | Updates 2021
"The Supreme Court unanimously dismisses the appeal on all issues. It holds: (i) that the arbitration agreement is governed by English law (the “choice of law issue”); (ii) that in English law there is no real prospect of a court finding that KFG became a party to the arbitration agreement (the “party issue”); and (iii) that, procedurally, the Court of Appeal was right to give summary judgment refusing recognition and enforcement of the award (the “procedural issue”)." |
Top 50 Global Influencers
Members most interactive on our social media platforms / 1st-30th November 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-30th November 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
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Number 'One' Global Influencer (Holding the position for the 10th 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 |
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2. Arlene Kiefer APD (Social Media Influencer Award in Dispute Resolution 2020)
3. W. Patrick McPhilamy, III FPD 4. Rashda Rana SC FPD (Dispute Resolution Award of the Year - United Kingdom & Ireland 2020) 5. Khadijat Ahmed APD 6. Mark Crane FPD 7. Daniel Alcon FPD (Dispute Resolution Award of the Year - Asia 2020) 8. Ademola.M.Abdulkareem APD 9. Derek Martin Mc Elearney MPD 10. Reinhard Boehmer FPD 11. Ishaq Muhammad ADP 12. Paul Achigasim APD 13. Knut Kirkhus FPD 14. Stuart McDonald FPD 15. Abba Maiwada APD 16. Shubham Wali Ganju APD 17. Chris Bancroft APD 18. Robin David FPD 19. YahayaIsah Abdulrasheed APD |
20. Henk Louw FPD
21. Wael Ghadban APD 22. Yvonne Hanly MPD 23. Entoni Zaini APD 24. Muhammad D. Usman APD 25. Andrea Colorio FPD 26. Jarlath Kearney FPD 27. Kelechi Onwubiko MPD 28. Isaiah Bozimo FPD (Dispute Resolution Award of the Year - Africa 2020) 29. Aabhas Pareek APD 30. Michael Jonathan Numa FPD 31. John Dowse FPD 32. Azubike Okoye FPD 33. Ish Jain FPD 34. Leigh Belasco FPD 35. Hon Dr Michael Keith Daly FPD 36. Esther Aderinsola Aderomi APD 37. Sahil Kapoor APD 38. Giovanni Di Folco FPD (Dispute Resolution Award of the Year - Europe 2020) |
39. Adrian Kearney FPD
40. Tiwalade Aderoju FPD 41. Chantelle Humphries FPD 42. Kunwar Chandresh FPD 43. Stuart Bosley FPD 44. Paul Sills FPD (Equality & Diversity Leader Award in Dispute Resolution 2020) 45. Anish Wadia FPD (Dispute Resolution Award of the Year - Global 2020) 46. Dennis Wilson FPD 47. Tim Yimin FPD 48. Dr Kabir Duggal FPD (Dispute Resolution Award of the Year - Americas 2020) 49. Robert Sliwinski FPD (Dispute Resolution Award of the Year - Middle East 2020) 50. Dr Herfried Wöss FPD (Outstanding Global Achievement in International Arbitration 2020) |
*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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Support your sector | Join as a member and help avoid, manage and resolve disputes
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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').
