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.
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. We understand individuals can be caught up in humanitarian crises face equality issues, or not have the funds to access education focused on; law, conflict dispute avoidance, management and resolution. Prime Dispute will continue to endeavour to reach the poorest and marginalised individuals in the world supporting them to gain the understanding of law/ADR needed to survive in the 21st century. 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 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 2021 Monthly Update | Law, Dispute Avoidance, Management & Resolution
External Papers - Supporting Knowledge Download 1 | Can Artificial Intelligence (“AI”) Replace Human Arbitrators? Technological Concerns and Legal Implications Read More Download 2 | UNCITRAL and Investment Arbitration Reform: Matching Concerns and Solutions Read More Download 3 | 'Shadow Arbitrators' and A Simple Way to Increase Diversity on International Arbitration Panels Over Time Read More Download 4 | Enka v. Chubb Russia: The Law of the Arbitration Agreement – An End to the Continuous Battle Between the Law of the Seat and the Law of the Underlying Contract? Read More International Arbitration News UK | Determining Jurisdiction: applications under s 32 of the Arbitration Act 1996 Read More China | PRC Companies in International Arbitration (Series 1): Introduction and Background Read More Hong Kong | Hong Kong court: escalation clause disputes for arbitrators to resolve Read More Global | Arbitration Reform Efforts: Are Reformers Wasting a ‘Once-in-a-Lifetime’ Opportunity? Read More Africa | Global arbitrations around the world: Nigeria Read More India | "Arbitral Tribunal Cannot Apply Public Law Principles Or Article 14 Against Public Body" Read More South Asia | In brief: arbitration formalities in Pakistan 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 Adjudication News Adjudicators | Too much of a good thing: serial adjudication, multiple disputes and NEC 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-30th June 2021*) UK | High Court judge David Barniville has been nominated for appointment to the Court of Appeal by the Government. Read More NI | Mrs Justice Siobhan Keegan has been appointed as Lady Chief Justice of Northern Ireland, becoming the first woman to hold the highest judicial position in Northern Ireland. Justice Siobhan Keegan will be sworn in at the start of September 2021 or View our 'PLEDGE FOR INCLUSION OF WOMEN IN THE PROFESSION': Read More Dispute Boards | We are pleased to announce the new President- Elect of the DRBF Region 2 Board is our Fellow Giovanni Di Folco FPD Read More Useful Reminder | Beattie Passive Norse Ltd & Anor v Canham Consulting Ltd - Interesting read regarding a litigant in a building dispute who claimed £3.7m in damages, only to be awarded just £2,000 at trial and has been hit with a costs bill of at least £500,000. The Honourable Justice Fraser "made the costs order following a wide-ranging judgment discussing Part 36, refusal to mediate and potential expert witness bias". Read More Arbitration | Our Fellow Robert Sliwinski FPD, of counsel at Al Suwaidi & Company, explains how common law principles are transforming international arbitration proceedings in the GCC region. Read More Industry Review | Interesting read - By our Fellow Lucy Greenwood FPD "The Life Cycle of a Large Infrastructure Dispute in the Oil and Gas Industry" This article considers the life cycle of a large infrastructure dispute in the oil and gas industry and provides advice on each of the three main stages of a dispute. It discusses the types of dispute resolution clauses that are applicable to major energy projects and considers how to get the dispute resolution clause right. It then looks at the issues involved in managing a major energy arbitration, including the difficulties of arbitrator selection. Finally, it examines the options open to a party at the end of a dispute, after the arbitral award has been rendered." Read More Case Update | Bux -v- GMC [2021] EWHC 762 (Admin) - Useful read on the role of an expert witness duties and where his/her duty lies. "It is the duty of an expert to help the Court on matters within his or her expertise; and this duty overrides any obligation to the person from whom the expert has received instructions or by whom the expert is paid...evidence of an expert should be independent, unbiased and objective...Expert evidence should be the independent product of the expert uninfluenced by the pressures of litigation.." Read More Useful Reminder | The Good Law Project, R (on the application of) v Minister for the Cabinet Office & Anor [2021] EWHC 1569 (TCC) - Interesting read regarding a judicial review against the government’s decision to award a contract to a firm run by former colleagues of Michael Gove and the PM's adviser Dominic Cummings. The High Court ruled that the decision to award the contract gave rise to apparent bias and was unlawful. "The defendant's failure to consider any other research agency, by reference to experience, expertise, availability or capacity, would lead a fair-minded and informed observer to conclude that there was a real possibility, or a real danger, that the decision-maker was biased." Read More Research | Interesting read regarding a recent study by the British Institute of International and Comparative Law BIICL on costs, damages and duration in investor-state arbitration. The document provides factual insights into the current position of costs incurred by parties in investor-state arbitrations, the typical duration of these proceedings, and the changes in tribunals’ practice in fixing and allocating such costs. 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 | Interesting read - By our fellow #TimYiminLIU FPD "Chinese court system: China International Commercial Court" Read More Judiciary | Rondon v LexisNexis Risk Solutions UK Ltd [2021] EWHC 142. Interesting read - The High Court has handed down an important judgment on the interpretation of Article 27 of the General Data Protection Regulation (#GDPR), concerning the liability of the UK representatives of data controllers based outside the UK. The High Court has ruled that an EU representative appointed under Article 27 of Regulation (EU) 2016/679, is not directly liable for the non-compliance of the entity it represents. Read More |
Knowledge
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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: [email protected]. 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 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 |
UK Supreme Court Cases | 2021
UK Supreme Court | "Commercial interactions with foreign states are governed by the State Immunity Act 1978 ("SIA"). This appeal raises questions about how to enforce an arbitral award (the "Award") against a foreign state" Read More |
Top 45 Global Influencers
Members most interactive on our social media platforms / 1st-30th June 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 June 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
Number 'One' Global Influencer (Holding the position for the 5th 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. Paul Achigasim APD 4. Rashda Rana SC FPD (Dispute Resolution Award of the Year - United Kingdom & Ireland 2020) 5. Ishaq Muhammad APD 6. Ademola.M.Abdulkareem APD 7. Giovanni Di Folco FPD (Dispute Resolution Award of the Year - Europe 2020) 8. Derek Martin Mc Elearney MPD 9. Khadijat Ahmed APD 10. Reinhard Boehmer FPD 11. Stuart McDonald FPD 12. Arlene Kiefer APD (Social Media Influencer Award in Dispute Resolution 2020) 13. Mark Crane FPD 14. Abba Maiwada APD 15. Entoni Zaini APD 16. Knut Kirkhus FPD 17. Hon Dr Michael Keith Daly FPD 18. Adrian Kearney FPD |
19. Chris Bancroft APD
20. Kelechi Onwubiko MPD 21. Robin David FPD 22. Leigh Belasco FPD 23. YahayaIsah Abdulrasheed APD 24. Paul Sills FPD (Equality & Diversity Leader Award in Dispute Resolution 2020) 25. Stuart Bosley FPD 26. Daniel Alcon FPD (Dispute Resolution Award of the Year - Asia 2020) 27. Yvonne Hanly MPD 28. Andrea Colorio FPD 29. Hammad Khan APD 30. Tiwalade Aderoju FPD 31. Muhammad.D.Usman APD 32. Wael Ghadban APD 33. Azubike Okoye FPD 34. Chantelle Humphries FPD 35. Lucy Greenwood FPD |
36. John Dowse FPD
37. Ish Jain FPD 38. Matt Kidd FPD 39. Dennis Wilson FPD 40. Tim Yimin FPD 41. Isaiah Bozimo FPD (Dispute Resolution Award of the Year - Africa 2020) 42. Anish Wadia FPD (Dispute Resolution Award of the Year - Global 2020) 43. Dr Kabir Duggal FPD (Dispute Resolution Award of the Year - Americas 2020) 44. Robert Sliwinski FPD (Dispute Resolution Award of the Year - Middle East 2020) 45. Dr Herfried Wöss FPD (Outstanding Global Achievement in International Arbitration 2020) |
Sectors | UK & International
Support your sector | Join as a member and help avoid, manage and resolve disputes
Insights | Academy | Membership | Authority | Regulation
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').