Prime Dispute |
e-INDUSTRY NEWSLETTER | 108 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 | Empirical Study: Tax-related Measures in Investor-State Arbitration Read More Download 2 | Environmental Justice Through the Lens of Conflict Resolution: Its Influence on Sustainability Read More Download 3 | Construction Adjudication in Kenya: the Need to Develop Legal Framework for Effective Construction Adjudication Read More Download 4 | Commercial Mediation: A Comparison of Australia and Vietnam Read More Review | 2023/24 Key Court Decisions 1 | 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 2 | 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 3 | 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 4 | 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 5 | 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 6 | 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 7 | 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 8 | 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 9 | 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 10 | 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 11 | 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 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' 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]
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' 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]
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 most interactive on our social media platforms / 1st-29th February 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 most interactive on our social media platforms / 1st-29th February 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: Mikhail Behl FPD
‘Dispute Resolution Award of the Year - Asia’ 2023/24 Location: Mumbai, Maharashtra, India |
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2. Paul Achigasim APD
3. Kathleen Frascona MPD 4. W. Patrick McPhilamy, III FPD 5. Piyal Lalitha Perera MPD - ‘Dispute Resolution Award of the Year - Middle East’ 2023/24 6. Yahaya Isah Abdulrasheed APD - ‘Influencer Award in Dispute Resolution’ 2023/24 7. Rashda Rana SC FPD - 'Outstanding Global Achievement in Commercial Mediation' 2023/24 8. Dr Marc R. Labgold FPD - ‘Outstanding Global Achievement in International Arbitration’ 2023/24 9. Knut Kirkhus FPD 10. Chris Bancroft APD 11. Robert Shawyer FPD 12. Khadijat Ahmed APD 13. Abba Maiwada APD 14. Mourad ALTrawneh MPD 15. Arlene Kiefer APD 16. Kelechi Onwubiko MPD 17. Kieran Morgan FPD 18. Ebrahim Lakhi MPD - ‘Commitment to our Mission Award in Dispute Resolution’ 2023/24 19. Mark Crane FPD 20. Dinesh Bishnoi FPD |
21. Giovanni Di Folco FPD - ‘Dispute Resolution Award of the Year - Europe’ 2023/24
22. Dr Tariq Mahmood FPD 23. Sumesh Antony APD 24. Muhammad D. Usman APD 25. Karen Cheung FPD - ‘Equality and Diversity Leader Award in Dispute Resolution - Global’ 2023/24 26. Dr Asanga Gunawansa FPD 27. Wael Ghadban APD 28. Reinhard Boehmer FPD - ‘Dispute Resolution Award of the Year - Africa’ 2023/24 29. Tiwalade Aderoju FPD 30. Michael Jonathan Numa FPD 31. Ishaq Muhammad APD 32. Daniel Alcon FPD 33. Stuart Bosley FPD 34. Robin Ratnakar David FPD - ‘Dispute Resolution Award of the Year - Global’ 2023/24 35. Isaiah Bozimo FPD - ‘Dispute Resolution Award of the Year - Individual & Firm’ 2023/24 36. Carl Simms FPD 37. Damian James FPD 38. Henk Louw FPD |
39. Leigh Belasco FPD
40. Ajit Kumar Mishra FPD 41. Andrea Colorio FPD 42. Abhishek APD 43. Shaaron Jones-Crawford APD 44. Yvonne Hanly FPD 45. Hon Dr Michael Keith Daly FPD 46. Hammad Khan MPD 47. James Clifford MPD 48. Kanyi Lui FPD 49. Dr Herfried Wöss FPD - ‘Dispute Resolution Award of the Year - Americas’ 2023/24 50. Paul Sills FPD 51. John Dowse FPD 52. Azubike Okoye FPD 53. Murray Armes FPD 54. Dr Kabir Duggal FPD 55. Joseph Omoha TPD 56. Dr Pijan Wu FPD 57. Auwal Ya'u APD 58. Adrian Kearney FPD 59. Subir Kumar 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
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Aerospace, Defence and Automative
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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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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').
