Prime Dispute |
e-INDUSTRY NEWSLETTER | 112 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 | An Empirical Analysis of Legal Reasoning: Comparing Investment Arbitration and International Commercial Arbitration Read More Download 2 | Artificial Intelligence and the Future of International Trade Law and Dispute Settlement Read More Download 3 | When Two Worlds Collide: Balancing the Finality of Arbitral Awards and Effectiveness of EU Competition Law in Austrian Annulment Proceedings Read More Update We previously provided a case summary on the Court of Appeal judgment in James Churchill v Methyr Tydfil Borough Council [2023] EWCA Civ 1416, which held that the court could stay proceedings or order parties to "engage in a non-court- based dispute resolution process" given that it would be proportionate to settle the dispute fairly, quickly and at a reasonable cost. In regards to this judgment, HMCTS has recently published clear guidance on changes to small claims mediation. It will require parties to cases allocated to the small claims track to mediate, a step that can be perceived as a practical implementation encouraging parties to engage in ADR. Read More 10 Key Court Decisions | 2023/24 1 | The English Commercial Court decided to publish a non-anonymised judgment on an arbitration claim concerning challenges to an arbitration award. In Mordchai Ganz v Petronz FZE & Abraham Goren [2024] EWHC 1011 (Comm), the Court has provided helpful guidance on balancing party expectations of confidentiality in arbitration against the public interest in arbitration proceedings. Read More 2 | While the decision of the adjudicator contained errors in the section of his decision in which he ordered that payment be made to the pursuers, it was held there was no doubt that the adjudicator was ordering the defender to pay the sum of £1.8 million. Some useful points for members regarding 'Grid Solutions Ltd and Amey Power Services Ltd v Scottish Hydro Electric Transmission plc [2024] CSOH 5'. Read More 3 | The Court established that the Czech Republic had lost its right to raise the new challenge to the award because at the time it proceeded to participate in the arbitration proceedings and it could have, with reasonable diligence, identified the grounds for the objection. In 'Czech Republic -v- Diag Human SE & another [2024] EWHC 708 (Comm)' the Court, refused leave to amend. Read More 4 | Sharp Corp Ltd v Viterra BV [2024] UKSC 14, judgment provides definitive guidance on the limits within which the English Court can act on an appeal under s69 (Appeal on point of law) of the Arbitration Act 1996. The Supreme Court held that the Court of Appeal breached those limits by; asking itself a question which the tribunal hadn't been requested to determine and making factual findings when answering that question. Read More 5 | The High Court upheld a tribunal’s decision to decline jurisdiction over a dispute, in the case of Ganz v Petronz FZE and another [2024] EWHC 635 (Comm), as the party challenging the award failed to prove the existence of an authentic and binding agreement to arbitrate. Read More 6 | s.24. Power of court to remove arbitrator - The English Commercial Court removed a sole arbitrator under s.24 of the Arbitration Act 1996 (the Act). In H1 & another -v- W & others [2024] EWHC 382 (Comm), the Court found that there could be no reasonable objection to the fact that the sole arbitrator knew a number of the factual witnesses/all three of the expert witnesses on one side. It is useful to note that within a specialist sector this is expected - However, the Court agreed that there was an appearance of bias, placed on the arbitrator’s comments about the parties expert witnesses generally, and specifically the comments made towards the assured’s experts, which suggested that the arbitrator did not have an open mind on one of the core issues in dispute. Read More 7 | The English court has intervened to restrict foreign proceedings - A useful read for members regarding arbitration-related issues, including governing law of the arbitration agreement and the extent of the English Court’s powers to grant an anti-suit injunction in support of arbitration proceedings. In Unicredit Bank GmbH v Ruschemalliance LLC [2024] EWCA Civ 64, the English Court of Appeal overturned a Commercial Court decision to refuse an anti-suit injunction on grounds that the English court had no jurisdiction to grant that relief in relation to a Paris seated arbitration. The Court of Appeal found that, under the general principle laid down in Enka Insaat Ve Sanayi AS v Insurance Company Chubb [2020] UKSC 38, the arbitration agreement was governed by English law and satisfied a jurisdictional gateway, and England was the appropriate forum for the claim. Read More 8 | 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 9 | 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 10 | 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 Roundtable | Discussions INTERNATIONAL MEDIATION ROUNDTABLE (Edition 2) | Mediation is now a well-established method of settling commercial disputes, not just in the United Kingdom but also across the globe. The overriding objective of the courts is to deal with commercial disputes as justly and as proportionately as possible. Here, we discuss questions concerning mediation and if it is really the best way to avoid costly court proceedings? Read More 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 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' is now live. 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. To express an interest, please email [email protected]
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
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' is now live. 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. To express an interest, please email [email protected]
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
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 & organisations most interactive on our social media platforms / 1st-30th June 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) | TPD (Trainee Prime Dispute)
Members & organisations most interactive on our social media platforms / 1st-30th June 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) | TPD (Trainee Prime Dispute)
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Number 'One' Global Influencer: Kathleen Frascona MPD
Influencer Award in Dispute Resolution 2022/2023 Mediator, Consultant, Developmental Coach, Author, Healthcare ADR, Keynote Speaker Hershey, Pennsylvania, United States |
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2. Paul Achigasim APD
3. Yahaya Isah Abdulrasheed APD - ‘Influencer Award in Dispute Resolution’ 2023/24 4. W. Patrick McPhilamy, III FPD 5. Robert Shawyer FPD 6. Chris Bancroft APD 7. Mark Crane FPD 8. Abba Maiwada APD 9. Mourad ALTrawneh MPD 10. Khadijat Ahmed APD 11. Piyal Lalitha Perera MPD - ‘Dispute Resolution Award of the Year - Middle East’ 2023/24 12. Rashda Rana SC FPD - 'Outstanding Global Achievement in Commercial Mediation' 2023/24 13. Mikhail Behl FPD - ‘Dispute Resolution Award of the Year - Asia’ 2023/24 14. Knut Kirkhus FPD 15. Reinhard Boehmer FPD - ‘Dispute Resolution Award of the Year - Africa’ 2023/24 16. Ebrahim Lakhi MPD - ‘Commitment to our Mission Award in Dispute Resolution’ 2023/24 17. Kelechi Onwubiko MPD 18. Isaiah Bozimo FPD - ‘Dispute Resolution Award of the Year - Individual & Firm’ 2023/24 19. Ishaq Muhammad APD |
20. Dr Marc R. Labgold FPD - ‘Outstanding Global Achievement in International Arbitration’ 2023/24
21. Stuart Bosley FPD 22. Dinesh Bishnoi FPD 23. Yvonne Hanly FPD 24. Wael Ghadban APD 25. Sumesh Antony APD 26. Kieran Morgan FPD 27. Giovanni Di Folco FPD - ‘Dispute Resolution Award of the Year - Europe’ 2023/24 28. Hon Dr Michael Keith Daly FPD 29. Adrian Kearney FPD 30. Hammad Khan MPD 31. Entoni Zaini APD 32. Srđan Šimac MPD 33. Henk Louw FPD 34. Carl Simms FPD 35. Dr Tariq Mahmood FPD 36. Andrea Colorio FPD 37. Tiwalade Aderoju FPD 38. Precious Onuabuchi TPD 39. Joseph Omoha TPD 40. James Clifford MPD 41. Drewton Crane Limited 42. Leigh Belasco FPD |
43. M.J Numa & Partners LLP
44. Arlene Kiefer APD 45. Michael Jonathan Numa FPD 46. Damian James FPD 47. Daniel Alcon FPD 48. Abhishek APD 49. Azubike Okoye FPD 50. Ajit Kumar Mishra FPD 51. Karen Cheung FPD - ‘Equality and Diversity Leader Award in Dispute Resolution - Global’ 2023/24 52. Kanyi Lui FPD 53. Dr Kabir Duggal FPD 54. Subir Kumar FPD 55. Robin Ratnakar David FPD - ‘Dispute Resolution Award of the Year - Global’ 2023/24 56. Dr Herfried Wöss FPD - ‘Dispute Resolution Award of the Year - Americas’ 2023/24 57. Muhammad D. Usman APD 58. John Dowse FPD 59. Ganesh Chandra Kabi FPD 60. Anish Wadia 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 |
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').
