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.
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 Membership Certificates | We are pleased to announce that our new ‘Digital Certificate’ has been given approval and is now live. We will shortly be rolling out the certificate to all our existing FPD members! Read More 2021 Monthly Update | Law, Dispute Avoidance, Management & Resolution
External Papers Supporting Knowledge Download 1 | Arbitrating Disputes Involving Blockchains, Smart Contracts, and Smart Legal Contracts Read More Download 2 | Halliburton v Chubb, Potential Arbitrator Bias, and the Value of Favorable Arbitrator Selection Read More Download 3 | Big Data, Bigger Disruption: Is Institutional Arbitration Ready? Read More Download 4 | Composition of the Arbitral Tribunal Under the Proposed Expedited Rule of UNCITRAL: Interphase of Efficiency and Due Process in International Arbitration Read More Arbitration News UK | The English Arbitration Act turns 25: Is it time for an update? Read More EU | EU-UK Trade and Cooperation Agreement (TCA): Governance, Dispute Resolution, Enforcement Read More Singapore | The Singapore Court of Appeal clarifies the limits to a tribunal’s procedural authority - CBS v CBP [2021] SGCA 4 Read More India | High Court of gujarat finds that two Indian parties can choose a foreign seat of arbitration but cannot obtain interim relief in Indian courts Read More UK | Useful insight - The English Commercial court statistics for challenges in 2019/20 to arbitration awards on the grounds of serious irregularity or an appeal on a point of law. Read More International | Good reminder regarding a past judgement, with useful lessons relating to arbitration clauses | The parties entered into a joint venture agreement. The agreement included an arbitration clause. The parties terminated their venture and the matter was referred to arbitration. Mr Hashwani appointed Sir Anthony Coleman (1938-2017) as arbitrator and asked Mr Jivraj to appoint an arbitrator. However, Mr Jivraj said that Sir Anthony Coleman’s appointment was invalid because of the terms of the arbitration agreement. The clause stipulated: “All arbitrators shall be respected members of the Ismaili community and holders of high office within the community.” Mr Jivraj sought a declaration that the appointment of Sir Anthony Coleman was not valid because he was not a member of the Ismaili community. The Court of Appeal considered that the arbitration clause restricted the offer of employment as arbitrator purely on religious grounds. It was therefore void. Read More Mediation News Discussion | We can all do more to encourage parties to mediate - "A High Court judge has urged that further efforts be made to mediate a dispute between family members over the running of a company that owns hotels in Dublin and Galway employing 180 people" Read more: Read More Pallett v MGN Ltd | The Court rejected the argument that the Defendant shouldn't have to pay the Claimant’s costs of the claim because she had not engaged in negotiations. "there was a culpable failure to engage in settlement negotiations from the moment the claim was made in 2018. The claimant ought to have engaged, as the defendant's correspondence invited, and if she had done so then the matter might have settled. That remained as true after the issue of proceedings as before. The claimant never put forward an offer until October 2020, and that was not good enough." 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 UK | An interesting read for Adjudicators and parties - The High Court has refused to enforce an adjudicator's decision due to a "plain and obvious" breach of natural justice "the adjudicator was misled by GSEL and wrongly failed to consider and deal with matters relied on by Sudlows as defences to GSEL's claim, thereby acting in breach of the rules of natural justice. The jurisdictional error was critical to the determination of the dispute. The excluded loss and expense claims were material to the true valuation of Interim Applications 27 and the amount of any payment due between GSEL and Sudlows" Read More Overview | What is Adjudication? Read More Expert Witness News An interesting read - "As Coulson LJ explains at [62] above, an expert who complies fully with his duty of independence and objectivity to the court or arbitral tribunal is an expert who provides his client with the best possible service." 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 Picks | Global News 2021
(Between 1st-31st January 2021*) GUIDELINE HOURLY RATES | The 'Working group report for consultation' on guideline hourly rates has now been published. The guideline hourly rates for summary assessment was last updated in 2010 and therefore was long overdue for review. Read More Hong Kong | The Rise & Fall of Hong Kong as a Restructuring Centre for Asia. Administration or Chapter 11 workouts in Hong Kong? By Rupert Purser MPD (Member Prime Dispute) Read More Financial Conduct Authority (Appellant) v Arch Insurance (UK) Ltd and others (Respondents) | This judgement is the result of the four day hearing that started on November 16 after ArchInsurance, Argenta, Hiscox, MSAmlin, RSA, and QBEUK and a policyholder action group joined the FCA on the appeal, which seeks to clarify whether policy wordings cover the business interruption caused by the nationwide coronavirus lockdown in March 2020. Although the ruling does not completely eradicate the financial strain Covid19 has inflicted on businesses, it certainly helps signal some light at the end of the tunnel. If you need to discuss your case or dispute with our UK & International dispute resolvers please email [email protected] or Read More Zuberi v Lexlaw Limited | Court of Appeal has dismissed the appeal in Zuberi v Lexlaw Limited and said that London firm Lexlaw Limited should be paid costs for work on a claim against a bank. Zuberi, had sought to terminate the damages-based agreement (DBAs) before the case was concluded and withheld payment on the basis it was unenforceable. Read More UK | Interesting read regarding a libel case which arose from a former client referring to the solicitors as "another scam solicitor" & "A total waste of money" on the review website www.trustpilot.com. One of the reliefs' the Claimant required was "an order pursuant to s.13 of the Defamation Act 2013 requiring the operators of the web site www.trustpilot.com to remove the defamatory review". The Claimant's claim was successful and the Defendant was ordered to pay; £25,000 plus £3,450 in costs. The Court highlighted "A complaint should always be the first stage in resolving any issues of customer satisfaction". The case is a useful reminder for individuals and protection for businesses from disputable and damaging reviews. Read More THE FRASERBURGH HARBOUR COMMISSIONERS -v- McLAUGHLIN & HARVEY LIMITED | Interesting read regarding the NEC 3 Engineering and Construction Contract. The Court of Session found that adjudication was a mandatory first step that must be taken before Fraserburgh Harbour Commissioners was entitled to raise any further proceedings, be they before the court or arbitration."It respectfully seems to me that all parties to a dispute have an interest in having their dispute resolved (even if only provisionally) by adjudication. On the pursuer’s approach, the defender is being denied the advantages and speed of that contractually-agreed first mode of dispute resolution." Link to the opinion of Lady Wolffe. Read More UNCITRAL | UNCITRAL and the ICSID have announced the publication of compendiums on the draft Code of Conduct for Adjudicators in Investor-State Dispute Settlement. The compendiums, as well as the draft Code of Conduct can be viewed here Read More UK | Guidance on environmental sustainability agreements and competition law Read More UK Government | £4.6 billion in new lockdown grants to support businesses and protect jobs Read More Nigeria | Business formation in Nigeria & how to register a company Read More Middle East | UAE to offer citizenship to 'talented' foreigners 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 Climate Change | New Global Coalition launched to address impacts of Climate Change Read More Gender pay gap | Gender Equality Strategy 2020-2025: Parliament’s reaction and input Read More Mental Health | When speaking up can save a life: men's mental health matters Read More Judiciary | Speech by the Master of the Rolls: Reliable data and technology – the direction of travel for Civil Justice Read More Legal | Views on dispute avoidance and resolution from senior judiciary Read More United Nations | UNICTRAL Arbitration Rules Read More |
Knowledge
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Business Strategy Updates | 2021
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 [email protected] 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 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, resolution management sector". If you have any questions, please email: [email protected] |
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UK Supreme Court Cases | 2021
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Top 45 Global Influencers
Members most interactive on our social media platforms / 1st - 31st January 2021*
Prime Dispute / Is a global membership organisation for qualifications and standards in law, dispute avoidance, management & resolution
Members most interactive on our social media platforms / 1st - 31st January 2021*
Prime Dispute / Is a global membership organisation for qualifications and standards in law, dispute avoidance, management & resolution
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Number 'One' Global Influencer (Holding the position for the 1st time this year):
Kathleen Frascona MPD Mediator, Consultant, Developmental Coach, Author, Healthcare ADR, Keynote Speaker Hershey, Pennsylvania, United States |
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2. Arlene Kiefer APD
3. W. Patrick McPhilamy, III FPD 4. Stuart McDonald FPD 5. Ishaq Muhammad APD 6. Ademola.M.Abdulkareem APD 7. Rashda Rana SC FPD 8. Paul Achigasim APD 9. Abba Maiwada APD 10. Daniel Alcon FPD 11. YahayaIsah Abdulrasheed APD 12. Reinhard Boehmer FPD 13. Giovanni Di Folco FPD 14. Chris Bancroft APD 15. Knut Kirkhus FPD 16. Kelechi Onwubiko MPD 17. Mark Crane MPD |
18. Hammad Khan APD
19. Khadijat Ahmed APD 20. Paul Sills FPD 21. Dr Herfried Wöss FPD 22. Kunwar Chandresh FPD 23. Yvonne Hanly MPD 24. Robin David FPD 25. Jarlath Kearney FPD 26. Rupert Purser MPD 27. Azubike Okoye FPD 28. Entoni Zaini APD 29. Stuart Bosley APD 30. John Dowse FPD 31. Dr Kabir Duggal FPD 32. Leigh Belasco FPD |
33. Robert Sliwinski FPD
34. Ish Jain FPD 35. Isaih Bozimo FPD 36. Andrea Colorio FPD 37. Chantelle Humphries FPD 38. Kanyi Lui FPD 39. Matt Kidd FPD 40. Tim Marlow FPD 41. Adrian Kearney FPD 42. Srđan Šimac MPD 43. Muhammad.D.Usman APD 44. Ratan K Singh 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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Sectors | UK & International
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Insights | Academy | Membership | Authority | Regulation
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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').
