Prime Dispute |
e-INDUSTRY NEWSLETTER |
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Prime Dispute is pleased to offer you our monthly e-Industry Newsletter for 2022! We highlight current news, developments and the 'Top 65 Influencers'; supporting our vision for law, dispute avoidance, management and resolution mechanisms as an equal to litigation.
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 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 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 2022 Monthly Update | Law, Dispute Avoidance, Management & Resolution
External Papers - Supporting Knowledge Download 1 | Enforcing Consent Awards under the New York Convention: From 'Differences' to Settlement and Back Read More Download 2 | The Attitude of Latin American Jurisdictions Towards Arbitration Read More Download 3 | Correcting Arbitration Award Calculation Mistakes Read More Download 4 | Legal Questions Concerning the Temporal Application of Treaties in International Investment Arbitration Cases Read More International Arbitration News UK | A unique example of a successful challenge to an arbitration award in England under s68 of the Arbitration Act 1996 (on the grounds of serious irregularity which has caused, or will cause, substantial injustice). This judgement will give comfort to parties whose arbitration award contains obvious errors but which the arbitrator fails to correct. Ducat Maritime Ltd v Lavender Shipmanagement Inc [2022] EWHC 766 (Comm) Read More USA | Our Fellow Azubike OKOYE FPD paper is now live in our monthly e-Industry! 'When Can a Non-Signatory Third-Party Be Bound by An Arbitration Award?' Read More Judgement | The Shanghai Maritime Court has allowed recognition and enforcement of an English court judgment in mainland China for the first time under the principle of reciprocity. Spar Shipping AS v Grand China Logistics Holding (Group) Co, Ltd. (2018) H72XWR No.1 Read More Judgement | Interesting read - This case is a helpful reminder of when, under English law, proceedings for relief in a non-contractual forum are a breach of the arbitration agreement, and when they are not. Aquavita International SA v Indagro SA [2022] EWHC 892 (Comm) Read More Judgement | A unique example of a successful challenge to an arbitration award in England under s68 of the #ArbitrationAct1996 (on the grounds of serious irregularity which has caused, or will cause, substantial injustice). This judgement will give comfort to parties whose arbitration award contains obvious errors but which the arbitrator fails to correct. Ducat Maritime Ltd v Lavender Shipmanagement Inc [2022] EWHC 766 (Comm) Read More Judgement | In PJSC National Bank Trust & Anor v Mints and Others [2022] EWHC 871 (Comm) the Commercial Court considered the degree to which an arbitration award could have preclusive effects against non-parties to the arbitral proceedings. Read More Mediation News Judgement | The judgment of Mr Justice Twomey provides valuable insight into the Courts’ developing approach to costs orders and the obligations placed on the Courts by section 169 of the Legal Services Regulation Act 2015 (the “2015 Act”). "At a time when there is a well-publicised shortage of judges and a backlog in the courts’ system, it is even more important that costs orders encourage such efficiency by ensuring that scarce court resources are only used when necessary (i.e. if #mediation or other forms of dispute resolution have failed or are inappropriate) and then only to the extent that is necessary (i.e. by only litigating those issues which are necessary to determine the dispute). Where this is not the case, there are likely to be negative costs consequences for the parties. Whether such negative costs orders will ‘encourage’ litigants to take a more ‘efficient approach to litigation’ remains to be seen." Word Perfect Translation Services Limited -v- The Minister for Public Expenditure and Reform (No. 2) [2022] IEHC 219 Read More Judgement | “I do not accept that the time for mediation is past and it seems it would be appropriate that two experts would lock horns and agree as to the best way to remedy the situation,” Judge McCourt said. “I am very strongly of the view that the parties should attempt to arrive at a mediated settlement"...Judge McCourt, adjourning the matter to allow the parties consider the court’s invitation to seek #mediation, said a good mediator’s job is to point out some of the more unpalatable aspects of the situation whether from one side or the other." Read More Support | 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 FPD | How do you decide if mediation is right for your dispute? Read More Adjudication News Overview | What is Adjudication? Read More UK | Bexheat Limited v Essex Services Group Limited [2022] EWHC 936 (TCC) "The answer, at least for now, is that the obligation to pay the smash and grab decision trumps the right to commence an adjudication. But in my mind there remains further question that need to be addressed. What happens if a true value adjudication is commenced whilst a smash and grab adjudication is also underway? How will the court deal with this situation? Will it be first past the post? If the smash and grab decision is issued will the Adjudicator in the true value adjudication lose jurisdiction? What if the decisions are days or even hours apart, will the court give the true value decision a higher status?...There remain further mysteries still to be answered" Peter Vinden FPD Read More Early neutral Evaluations News Overview | What is ENE? Read More Dispute Board News Overview | What are DBs, DRBs and DABS ? Read More Legal Useful read for fraud claimants, litigators and litigation funders | Various Claimants v Spence & Others [2022] EWCA Civ 500 - The Court of Appeal has recently issued a judgment which is extremely important for parties applying for, or who are subject to, freezing orders. The decision addresses the circumstances in which applicants for freezing orders will be required to provide fortification in support of the cross-undertaking in damages that they are required to give. Read More UK | Interesting read - Mr Justice Andrew Baker hit out at the parties for racking up “unreasonable and disproportionate costs” Read More |
Knowledge
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Business Strategy Updates | 2022
Membership Update | Prime Dispute launches new ‘Mental Health Pledge' to support our Global Profession. 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 2022* 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
Membership Update | Prime Dispute launches new ‘Mental Health Pledge' to support our Global Profession. 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 2022* 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
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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 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 |
Debate | Updates 2022
Useful Insights | View the discussion lead by our Fellow Damian James FPD 'Spotlight on Arbitration in the 'New Normal' with James Banda & Kort Egan |
Top 65 Global Influencers
Members most interactive on our social media platforms / 1st - 31st May 2022*
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 2022*
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: Kathleen Frascona MPD
(Social Media Influencer Award in Dispute Resolution 2021) Mediator, Consultant, Developmental Coach, Author, Healthcare ADR, Keynote Speaker Hershey, Pennsylvania, United States |
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2. W. Patrick McPhilamy, III FPD (Commitment to our Mission Award in Dispute Resolution 2021)
3. Rashda Rana SC FPD (Equality and Diversity Leader Award in Dispute Resolution 2021) 4. Mikhail Behl FPD 5. Paul Achigasim APD 6. Khadijat Ahmed APD 7. Mark Crane FPD 8. Chris Bancroft APD 9. Ishaq Muhammad APD 10. Knut Kirkhus FPD 11. Elizabeth Ebelechukwu Arubalueze APD 12. Piyal Lalitha Perera MPD 13. Muhammad D. Usman APD 14. Robert Shawyer FPD 15. Yvonne Hanly MPD 16. Abba Maiwada APD 17. YahayaIsah Abdulrasheed APD 18. Azubike Okoye FPD 19. Wael Ghadban APD 20. Henk Louw FPD 21. Entoni Zaini APD 22. Kelechi Onwubiko MPD 23. Stuart McDonald FPD 24. Stuart Bosley FPD 25. Andrea Colorio FPD (Dispute Resolution Award of the Year - Europe 2021) |
26. Giovanni Di Folco FPD (Dispute Resolution Award of the Year - Individual & Firm 2021)
27. Shubham Wali Ganju APD 28. James Clifford MPD 29. Hammad Khan APD 30. Robin David FPD 31. Tiwalade Aderoju FPD 32. Ebrahim Lakhi MPD 33. Mourad ALTrawneh APD 34. Hon Dr Michael Keith Daly FPD 35. Donald Bisson MPD 36. John Dowse FPD (Dispute Resolution Award of the Year - Americas 2021) 37. Sanu John Kackary APD 38. Karen Cheung FPD 39. Matt Kidd FPD (Dispute Resolution Award of the Year - Middle East 2021) 40. Rupert Purser MPD 41. Carl Simms MPD 42. Judge Srđan Šimac MPD 43. Leigh Belasco FPD 44. Ish Jain FPD 45. Chantelle Humphries FPD (Dispute Resolution Award of the Year - Africa 2021) 46. Jarlath Kearney FPD 47. Daniel Alcon FPD |
48. Dr Kabir Duggal FPD (Dispute Resolution Award of the Year - Global 2021)
49. Sahil Kapoor APD 50. Paul Sills FPD (Outstanding Global Achievement in Commercial Mediation 2021) 51. Shaaron Jones-Crawford APD 52. Derek Martin Mc Elearney MPD 53. Tim Yimin LIU FPD 54. Oyeniyi Sodimu APD 55. Michael Jonathan Numa FPD 56. Ir Albert YEU (饒汝新) MPD 57. Lucy Greenwood FPD (Climate Change Leader Award in Dispute Resolution 2021) 58. Anish Wadia FPD (Dispute Resolution Award of the Year - Asia 2021) 59. Dr Tanya Hendry FPD 60. Isaiah Bozimo FPD 61. Mian Sheraz Javaid FPD 62. Damian James FPD 63. Ratan K. Singh (Outstanding Global Achievement in International Arbitration 2021) 64. Murat Metin Hakki FPD 65. Dr Herfried Wöss 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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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').
