Prime Dispute |
e-INDUSTRY NEWSLETTER | 116 EDITION
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 | Tribunal Duties and the Exclusion of Evidence in International Arbitration: The Tug-of-War of Fairness and Efficiency Read More Download 2 | The Application of International Climate Change Law in International Investment Arbitration: Addressing the Deficiencies Read More Download 3 | Enhancing Anti-Corruption via Investment Arbitration: From Red Flags to Due Diligence Read More 10 Key Court Decisions | 2023/24 1 | The Civil Procedure (Amendment No 3) Rules 2024, which came into force on 01 October 2024, amended the Civil Procedure Rules (CPR). Whilst the Court has always expected parties to engage with ADR (Alternative Dispute Resolution), it is clear now that the Court can order ADR and failure to comply could see costs sanctions imposed. Read More 2 | The English Commercial Court concluded in Aiteo Estern E & P Company Limited v Shell Western Supply and Trading Limited & Ors [2024] EWHC 1993 (Comm), that there was apparent bias by one of the three members of the Tribunal. Aiteo applied to the Commercial Court under section 68 Arbitration Act 1996 to set aside the awards on the grounds of apparent bias being a serious irregularity that unfairly affected them. Read More 3 | The decision in AZ v BY [2024] EWHC 1847 (Comm) confirmed that, in most cases, the court will not interfere unnecessarily in the interpretation of arbitral awards. Read More 4 | The Privy Council examined, an appeal from the Court of Appeal of the Eastern Caribbean Supreme Court (BVI) in Sian Participation Corporation (In Liquidation) v. Halimeda International Ltd [2024] UKPC 16, which addressed whether a company should be wound up when the debt upon which the winding up application is based is subject to an arbitration agreement and is disputed or the subject of a cross-claim. Read More 5 | The High Court of Justice for England and Wales ordered final charging orders on residential properties owned by the Nigeria High Commission in London in relief of an arbitration award, dismissing arguments that the property was not in commercial use and thus enjoyed state immunity from execution. Read More 6 | Republic of Kosovo v ContourGlobal Kosovo LLC [2024] EWHC 877 (Comm) - The High Court has rejected a challenge by the Government of Kosovo to an arbitral award on the grounds of serious irregularity, in accordance to s68 of the Arbitration Act 1996 - s68(2)(a) of the Arbitration Act 1996 provides that an arbitral award can be set aside if an arbitral tribunal fails to comply with s33 of the Act. Kosovo argued that the Tribunal failed to comply with s33 of the Act. Read More 7 | 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 8 | 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 9 | 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 10 | 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 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 | Celebrating achievements
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' are 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' are 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-31st October 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-31st October 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)
Number 'One' Global Influencer: Knut Helge Kirkhus FPD
Contract Manager, LLM, in Business Law, GDPR, US Privacy laws, Intellectual Property Fano, Marches, Italy |
2. Kathleen Frascona MPD
3. Paul Achigasim APD 4. Robert Shawyer FPD 5. Rashda Rana SC FPD - 'Outstanding Global Achievement in Commercial Mediation' 2023/24 6. W. Patrick McPhilamy, III FPD 7. Abba Maiwada APD 8. Yahaya Isah Abdulrasheed APD - ‘Influencer Award in Dispute Resolution’ 2023/24 9. Mourad ALTrawneh MPD 10. Dr Marc R. Labgold FPD - ‘Outstanding Global Achievement in International Arbitration’ 2023/24 11. Reinhard Boehmer FPD - ‘Dispute Resolution Award of the Year - Africa’ 2023/24 12. Arlene Kiefer APD 13. Piyal Lalitha Perera MPD - ‘Dispute Resolution Award of the Year - Middle East’ 2023/24 14. Chris Bancroft APD 15. Khadijat Ahmed APD 16. Hammad Khan MPD 17. Kelechi Onwubiko MPD 18. Robin Ratnakar David FPD - ‘Dispute Resolution Award of the Year - Global’ 2023/24 19. Ebrahim Lakhi MPD - ‘Commitment to our Mission Award in Dispute Resolution’ 2023/24 |
20. James Clifford MPD
21. Wael Ghadban APD 22. Kieran Morgan FPD 23. Stuart Bosley FPD 24. Mark Crane FPD 25. Giovanni Di Folco FPD - ‘Dispute Resolution Award of the Year - Europe’ 2023/24 26. Mikhail Behl FPD - ‘Dispute Resolution Award of the Year - Asia’ 2023/24 27. John Dowse FPD 28. Yvonne Hanly FPD 29. Dr Tariq Mahmood FPD 30. Abhishek Bhushan Singh TPD 31. Henk Louw FPD 32. Dinesh Bishnoi FPD 33. Sumesh Antony APD 34. Karen Cheung FPD - ‘Equality and Diversity Leader Award in Dispute Resolution - Global’ 2023/24 35. Adrian Kearney FPD 36. Azubike Okoye FPD 37. Murray Armes FPD 38. Carl Simms FPD 39. Muhammad Haseeb Javaid FPD |
40. Leigh Belasco FPD
41. Dr Asanga Gunawansa FPD 42. Srđan Šimac MPD 43. Suresh Gadhiraju APD 44. Daniel Alcon FPD 45. Michael Jonathan Numa FPD 46. Farhat Ansari APD 47. Entoni Zaini APD 48. Dr Andrea Colorio FPD 49. Dr Kabir Duggal FPD 50. Kanyi Lui FPD 51. Tiwalade Aderoju FPD 52. Hon Dr Michael Keith Daly FPD 53. Subir Kumar FPD 54. Ajit Kumar Mishra FPD 55. Damian James FPD 56. Ganesh Chandra Kabi FPD 57. Isaiah Bozimo FPD - ‘Dispute Resolution Award of the Year - Individual & Firm’ 2023/24 58. Mofesomo Tayo-Oyetibo FPD 59. Isyaku Muhammad APD 60. Dr Herfried Wöss FPD - ‘Dispute Resolution Award of the Year - Americas’ 2023/24 |
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').