Prime Dispute |
e-INDUSTRY NEWSLETTER | 107 EDITION
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Prime Dispute is pleased to offer you our monthly e-Industry Newsletter! We highlight current news, developments and the 'Top 60 Influencers'; supporting our vision for law, dispute avoidance, management and resolution mechanisms as an equal to litigation.
2024 Monthly Update | Law, Dispute Avoidance, Management & Resolution
External Papers - Supporting Knowledge Download 1 | Promoting International Arbitration in Kenya Through Third-Party Funding: Prospects, Challenges & Lessons – A Call for Reform Read More Download 2 | Emergency Arbitration in India: a Need for Legislation Implementation Read More Download 3 | Private International Law Bibliography 2023: U.S. and Foreign Sources in English Read More Review | 2023 Key Court Decisions 1 | ARBITRATION BILL – The King’s Speech has confirmed that the Law Commission of England and Wales's recommendations will definitely reach the statute book. Read More 2 | Clarification from the UK Supreme Court on a stay of legal proceedings under Section 9 Arbitration Act 1996. The UK Supreme Court delivered its judgment in Republic of Mozambique v Privinvest Shipbuilding SAL (Holding) and others [2023] UKSC 32. The judgment provides significant guidance on the conditions for a stay of court proceedings brought in respect of a “matter” covered by an arbitration agreement, pursuant to section 9 of the Arbitration Act 1996. Read More 3 | The English Commercial Court rejected an application for an anti-suit injunction ASI, to restrain proceedings brought in breach of an arbitration agreement. The agreement provided for the arbitration to be seated in Paris and the court held that; given French law does not recognise ASIs, it was not appropriate for the English court to intervene in support of the arbitration. The judgement highlights that parties should ensure that arbitrations are seated in England or another jurisdiction that issues ASIs in order to ease the risk that a party may commence parallel proceedings in a state court. When drafting arbitration agreements, it is suggest that parties choose an arbitral seat such as England where the courts issue ASIs. SQD v QYP [2023] EWHC 2145 (Comm). Read More 4 | The judgment provides another example of the Irish Courts’ continued support for adjudication and gives useful guidance in relation to an adjudicator’s obligations under the Construction Contracts Act 2013. "An adjudicator does not have a role in cajoling the parties to elaborate or improve upon their cases. The adjudicator was entitled, consistent with fair procedures, to reach a decision on the basis of the materials put before him by the parties. The adjudicator was not obliged to enter into a dialogue with the employer nor to invite the employer to shore up its defence by adducing further evidence. Indeed, there would be no such obligation on a court of law to do so in similar circumstances." DNCF Ltd v Genus Homes Ltd [2023] IEHC 490. Read More 5 | The Commercial Court rejected a challenge to a partial award brought under s68 of the Arbitration Act 1996. s73 of the Arbitration Act 1996 meant the claimant was precluded from bringing a serious irregularity challenge; having failed to object during the arbitration once it became alert of the alleged irregularity. The judge dismissed the s68 application, holding that s73 of the Arbitration Act 1996 precluded Radisson from raising its objection to the alleged serious irregularity. Read the full judgement to 'Radisson Hotels APS Denmark v Hayat Otel Işletmeciliği Turizm Yatırım Ve Ticaret Anonim Şirketi [2023] EWHC 892 (Comm)' Read More 6 | In Global Aerospares Limited v Airest AS [2023] EWHC 1430 (Comm) the English Commercial Court dismissed a claim for directions under s18 of the Arbitration Act 1996. Failing to serve a Request for Arbitration under s14(4) of the Act, with the consequence that the process for the appointment of an arbitrator hadn't validly started, was not considered a failure of procedure for the appointment of an arbitrator. Therefore, s18 of the Act was not engaged and the claim was dismissed. To avoid misspent time and costs, as was the case here it would be appropriate to specify an arbitrator appointment mechanism in the arbitration clause. Read More 7 | The English High Court has recently considered the extent to which the public interest in public judgments outweighs the confidentiality attached to arbitral proceedings. The Court rejected Radisson's application seeking to redact the identities of the parties and any details that may identify them in the judgment. Radisson made the application to preserve the confidentiality of the underlying arbitration. Whilst the judge acknowledged Radisson's desire to keep the arbitration confidential, this ultimately did not outweigh the general public interest in open justice. Read More 8 | The Technology & Construction Court (TCC) has addressed the law on if a party resisting the enforcement of an adjudicator’s decision can obtain an order for set off or withholding on the basis of another adjudicator's decision. In this judgement 'FK Construction Limited v ISG Retail Limited [2023] EWHC 1042 (TCC)' the TCC held that no set off or withholding was applicable and therefore enforced the decision in full. Read More 9 | The Court of Appeal recently ruled that an #ADR clause in a contract was unenforceable due to lack of clarity. This judgment is a useful reminder for parties to contracts that include a #disputeresolution procedure (DRP) clause, and to members drafting DRP clauses. Such clauses may be found unenforceable if they lack sufficient clarity and certainty regarding the DRP process. Kajima Construction Europe (UK) Ltd v Children’s Ark Partnership Ltd [2023] EWCA Civ 292 - Read More 10 | A case concerning an appeal under s.69 of the Arbitration Act 1996 on a point of law - The Commercial Court upheld the implication of a term requiring the inspection of a vessel’s holds without delay into a charterparty. The Court decided that although the arbitral award suggested that it was reasonable to imply the term, which is not a sufficient basis to do so, the award was valid if read in a reasonable and commercial manner. Pan Ocean Co Ltd v Daelim Corporation (DL LILAC) [2023] EWHC 391 (Comm). Read More Roundtable | Discussions INTERNATIONAL ARBITRATION ROUNDTABLE (Edition 2) | 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 2023' publication includes 2 CPD points for all Prime Dispute members. Read More 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 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 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 |
Knowledge
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Business Strategy Updates | 2024
Branch Chairs | The 'Guidance note for Branch Chairs' has been approved today and will be available to download early 2024. These notes are intended to provide practical information to assist those interested in the role of Prime Dispute Branch Chair in the appointment and selection process. In order to apply for the Branch Chair role, you must be a Fellow (FPD) of Prime Dispute and complete the application form (which will also go live early 2024). To express an interest, please email [email protected] or View More
Membership Update | Prime Dispute launches new ‘Mental Health Pledge' to support our Global Profession. Read More
FPD Digital Profile | Fellowship update - At the top of our list of values it is being members-first. Everything we build, everything we do, is first and foremost about creating economic opportunity for Prime Dispute members. After recent feedback we are pleased to announce that all 'FPD Digital Profiles' will now have the facility to include a downloadable CV. We will however leave this to the discretion of our Fellows should they wish to participate and have their CV uploaded to their FPD Digital Profile. Please note clients' will be able to download, store and share your CV. If you wish to include your CV within your FPD Digital Profile, please send an updated CV to the Executive at Prime Dispute. Please ensure your CV is: (i) up to date; (ii) includes your Prime Dispute Fellowship designation, (iii) is in PDF format only and high resolution. 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 2025* 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: [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
Branch Chairs | The 'Guidance note for Branch Chairs' has been approved today and will be available to download early 2024. These notes are intended to provide practical information to assist those interested in the role of Prime Dispute Branch Chair in the appointment and selection process. In order to apply for the Branch Chair role, you must be a Fellow (FPD) of Prime Dispute and complete the application form (which will also go live early 2024). To express an interest, please email [email protected] or View More
Membership Update | Prime Dispute launches new ‘Mental Health Pledge' to support our Global Profession. Read More
FPD Digital Profile | Fellowship update - At the top of our list of values it is being members-first. Everything we build, everything we do, is first and foremost about creating economic opportunity for Prime Dispute members. After recent feedback we are pleased to announce that all 'FPD Digital Profiles' will now have the facility to include a downloadable CV. We will however leave this to the discretion of our Fellows should they wish to participate and have their CV uploaded to their FPD Digital Profile. Please note clients' will be able to download, store and share your CV. If you wish to include your CV within your FPD Digital Profile, please send an updated CV to the Executive at Prime Dispute. Please ensure your CV is: (i) up to date; (ii) includes your Prime Dispute Fellowship designation, (iii) is in PDF format only and high resolution. 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 2025* 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: [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
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
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
Top 60 Global Influencers
Members most interactive on our social media platforms / 1st-31st January 2024*
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 (Associate Prime Dispute) | Trainee
Members most interactive on our social media platforms / 1st-31st January 2024*
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 (Associate Prime Dispute) | Trainee
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Number 'One' Global Influencer: Murray Armes FPD
'Outstanding Achievement in Construction Adjudication - United Kingdom & Ireland’ 2023/24 London, United Kingdom |
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2. Giovanni Di Folco FPD - ‘Dispute Resolution Award of the Year - Europe’ 2023/24
3. Rashda Rana SC FPD - 'Outstanding Global Achievement in Commercial Mediation' 2023/24 4. Mikhail Behl FPD - ‘Dispute Resolution Award of the Year - Asia’ 2023/24 5. Dr Marc R. Labgold FPD - ‘Outstanding Global Achievement in International Arbitration’ 2023/24 6. Isaiah Bozimo FPD - ‘Dispute Resolution Award of the Year - Individual & Firm’ 2023/24 7. Piyal Lalitha Perera MPD - ‘Dispute Resolution Award of the Year - Middle East’ 2023/24 8. Yahaya Isah Abdulrasheed APD - ‘Influencer Award in Dispute Resolution’ 2023/24 9. Ebrahim Lakhi MPD - ‘Commitment to our Mission Award in Dispute Resolution’ 2023/24 10. Reinhard Boehmer FPD - ‘Dispute Resolution Award of the Year - Africa’ 2023/24 11. Robin Ratnakar David FPD - ‘Dispute Resolution Award of the Year - Global’ 2023/24 12. Karen Cheung FPD - ‘Equality and Diversity Leader Award in Dispute Resolution - Global’ 2023/24 13. Kathleen Frascona MPD 14. Paul Achigasim APD 15. Dr Herfried Wöss FPD - ‘Dispute Resolution Award of the Year - Americas’ 2023/24 |
16. Robert Shawyer FPD
17. W. Patrick McPhilamy, III FPD 18. Knut Kirkhus FPD 19. Mark Crane FPD 20. Chris Bancroft APD 21. Mourad ALTrawneh MPD 22. Kieran Morgan FPD 23. Abba Maiwada APD 24. Hon Dr Michael Keith Daly FPD 25. Sumesh Antony APD 26. Dr Asanga Gunawansa FPD 27. Khadijat Ahmed APD 28. Arlene Kiefer APD 29. Andrea Colorio FPD 30. Carl Simms FPD 31. Ishaq Muhammad APD 32. Stuart Bosley FPD 33. Ajit Kumar Mishra FPD 34. Kanyi Lui FPD 35. Daniel Alcon FPD 36. Michael Jonathan Numa FPD 37. Tiwalade Aderoju FPD 38. Kelechi Onwubiko MPD 39. Yvonne Hanly FPD 40. Paul Sills FPD |
41. Hammad Khan MPD
42. Dr Tariq Mahmood FPD 43. Dinesh Bishnoi FPD 44. John Dowse FPD 45. Shaaron Jones-Crawford APD 46. Muhammad D. Usman APD 47. Abhishek APD 48. Leigh Belasco FPD 49. Azubike Okoye FPD 50. Wael Ghadban APD 51. Dr Kabir Duggal FPD 52. Mian Sheraz Javaid FPD 53. Henk Louw FPD 54. Auwal Ya'u APD 55. Dr Pijan Wu FPD 56. Lucy Greenwood FPD 57. Adrian Kearney FPD 58. Subir Kumar FPD 59. Damian James FPD 60. Dr Tanya Hendry 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
Support your sector | Join as a member and help avoid, manage and resolve disputes
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 |
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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').
