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 45 Influencers'; supporting our vision for law, dispute avoidance, management and resolution mechanisms as an equal to litigation.
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 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] 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 | The Principle of Clean Hands in International Investment Arbitration: What is the Extent of Investment Protection in Investor-State Disputes? Read More Download 2 | Revisiting the Algowrongs of International Arbitration: The Duty of Neutrality and the Centrality of Consent Read More Download 3 | Contribution to the National Rule of Law as a Legitimating Factor for International Investment Law – is it the Potential or the Outcome that Matters? Read More International Arbitration News UK | English Court of Appeal determines claims against individuals fall outside an arbitration clause in a share purchase agreement Read More Japan | An overview of the Proposed Amendments of Japan’s Arbitration Act Read More USA | District Court finds that lender did not waive arbitration clause by filing collection lawsuit Read More Africa | Developing a Framework for Integrating Arbitration Into Nigeria’s Banking Sector Read More India | Party Autonomy Reigns Supreme: The Indian Supreme Court Rules that Two Indian Parties Can Choose a Foreign Seat of Arbitration 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 | Adjudication: is the “multiple dispute” challenge a thing of the past? 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-31st May2021*) UK | Leigh Belasco FPD was the adjudicator in the dispute between 'C Spencer v MW High Tech [2021] EWHC 1284'. The TCC enforced the adjudicator’s decision in relation to a dispute under a hybrid contract. #JusticeWaksman rejected the defendant’s arguments that the adjudicator had exceeded its jurisdiction in purporting to determine disputes relating to non-construction operations. Read More Useful Reminders | Dispute concerning whether an adjudicator is entitled to his or her fees, the starting point is almost always the Court of Appeal decision in PC Harrington Contractors Ltd v Systech International Ltd [2012] EWCA Civ 1371 and is a useful read for adjudicators - Link to Judgement: Read More Useful Reminder | Useful reminder - A and B v C, D and E [2020] EWCA Civ 409, Where the English court’s jurisdiction is set in motion under the Arbitration Act 1996, section 44 empowers the court upon application to act in a number of ways in support of arbitral proceedings. This judgement addresses the question of whether an English court can exercise its section 44(2)(a) power to make an order against non-parties to an arbitration for the purposes of the taking of evidence of witnesses. This judgement is useful when considering whether parties can apply to the English court to compel a witness to give evidence in a foreign jurisdiction in which an arbitration is being heard. Read More Arbitration Survey | The School of International Arbitration at Queen Mary University of London #QMUL, in partnership with White & Case LLP, has published the results of its 2021 International Arbitration Survey: Adapting Arbitration to a Changing World. Read More Case Update | "It is CSL's application for summary judgment to enforce the decision of the adjudicator...By that decision he decided among other things that MW should pay CSL £3,397,029.03 within seven days....In opposition to this application, MW takes essentially three points, all of which are said to go to the jurisdiction of the adjudicator & all or any of which it is said have the effect of rendering it void or unenforceable...i) The adjudicator was invalidly appointed because of a failure by CSL to adhere to the contractual provisions governing notification & appointment. ii) The adjudicator impermissibly valued at zero, four separate counterclaims raised by MW, all of which in fact concerned or arguably concerned excluded operations within the meaning of section 105(2)(c) of the HGCR Act 1996...iii) The adjudicator equally impermissibly dealt with the release to CSL of retention monies which themselves covered work which consisted of both included and excluded operations." #JusticeWaksman concluded that none of the points raised by MW in opposition to CSL's application for summary judgment had an actual prospect of success & therefore the application for summary judgment succeeded & CSL were entitled to the sum claimed. Read More Case Update | Interesting reminder regarding the role of disclosure regarding a judgement from November 2020 - Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48. The role of disclosure was well summarised in the decision by Lord Hodge in Halliburton “70. An arbitrator, like a judge, must always be alive to the possibility of apparent bias and of actual but unconscious bias. … One way in which an arbitrator can avoid the appearance of bias is by disclosing matters which could arguably be said to give rise to a real possibility of bias. Such disclosure allows the parties to consider the disclosed circumstances, obtain necessary advice, and decide whether there is a problem with the involvement of the arbitrator in the reference and, if so, whether to object or otherwise to act to mitigate or remove the problem…” View the full judgement: Read More Useful Reminder | Interesting read regarding a TCC judgement (30 April 2021) - Beattie Passive Norse Limited & NPS Property Consultants Limited v Canham Consulting Ltd [2021] EWHC 1116 (TCC) - "Finally, there is an adjudication scheme for claims in professional negligence.... It is a great pity that the parties did not adopt that method of resolving their dispute in this case. It would have been far quicker, and much more economical, than conducting a High Court trial which lasted over three TCC weeks, with all the costs to the parties that such a trial entails... In essence, this case really concerned issues of factual causation. Although they were not all called, there was a total of six different experts instructed in this case, with a claim against Canham for £3.7 million....adjudications can in suitable cases proceed with oral evidence and cross-examination of witnesses. Using the scheme to which I have referred, to resolve a dispute such as this one, would have been a far better way for the parties to have proceeded." Read More Research | An Interesting read about recent research into how and why we disagree and the impact. 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 Mental Health | This week we have continued to support our Executives to share their thoughts about #mentalhealth at work. We need to carry on the conversation as research indicates workplace #conflicts impact individuals overall health and time off work due to the negative impact of workplace conflict. Please find attached a link to one of the short videos our Executives have been watching this week. View More Industry | Last week we continued to support our Executives to share their thoughts about #Discrimination in #Education #Business #Work. Please find attached a link to one of the videos our Executives watched; ‘Subnormal: A British Scandal’. The level of institutional #racism in the education system was shocking and has left generations of Black children and their families scarred. View More Judiciary | Interesting insight from Tribunal Judge #ThairaBibi, one of the the first hijab wearing Salaried Judges of the First-tier Tribunal, regarding diversity in the judiciary...“I was one of the first salaried hijab wearing judges to be appointed, so this had its own challenges. I do not see this as a hinderance. I use my background in a positive manner to promote diversity. I see myself as a role model to any in society who are inspired by me as a Judge.”...read more or view about Prime Dispute responsibility and commitment to the profession: 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 |
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UK Supreme Court Cases | 2021
UK Supreme Court | "The Respondents were trustees of a trust which could make a claim under a scheme of arrangement. They failed to make a claim on or before the bar date under the scheme of arrangement, which was midnight on Thursday 2 June 2011. The Appellants issued a claim form on Monday 5 June 2017 seeking a remedy from the Respondents for their failure to make the claim. In response, the Respondents argued that the Appellants’ claim was brought after the expiry of the relevant limitation periods." Read More |
Top 45 Global Influencers
Members most interactive on our social media platforms / 1st-31st May 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-31st May 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 4th 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. W. Patrick McPhilamy, III FPD
3. Arlene Kiefer APD (Social Media Influencer Award in Dispute Resolution 2020) 4. Rashda Rana SC FPD (Dispute Resolution Award of the Year - United Kingdom & Ireland 2020) 5. Mark Crane FPD 6. Khadijat Ahmed APD 7. Ishaq Muhammad APD 8. Stuart McDonald FPD 9. Ademola.M.Abdulkareem APD 10. Paul Achigasim APD 11. Knut Kirkhus FPD 12. Reinhard Boehmer FPD 13. Derek Martin Mc Elearney MPD 14. Adrian Kearney FPD 15. Abba Maiwada APD 16. Chris Bancroft APD 17. Entoni Zaini APD 18. YahayaIsah Abdulrasheed APD 19. Muhammad.D.Usman APD |
20. Stuart Bosley FPD
21. Leigh Belasco FPD 22. Hon Dr Michael Keith Daly FPD 23. Giovanni Di Folco FPD (Dispute Resolution Award of the Year - Europe 2020) 24. Daniel Alcon FPD (Dispute Resolution Award of the Year - Asia 2020) 25. Yvonne Hanly MPD 26. Robin David FPD 27. Paul Sills FPD (Equality & Diversity Leader Award in Dispute Resolution 2020) 28. Chantelle Humphries FPD 29. Andrea Colorio FPD 30. Hammad Khan APD 31. Kelechi Onwubiko MPD 32. Ish Jain FPD 33. Tiwalade Aderoju FPD 34. Tim Yimin FPD |
35. Tim Marlow FPD
36. Azubike Okoye FPD 37. John Dowse FPD 38. Damian James FPD 39. Anish Wadia FPD (Dispute Resolution Award of the Year - Global 2020) 40. Matt Kidd FPD 41. Dr Kabir Duggal FPD (Dispute Resolution Award of the Year - Americas 2020) 42. Isaiah Bozimo FPD (Dispute Resolution Award of the Year - Africa 2020) 43. Ratan K Singh FPD 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) |
*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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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').
