Prime Dispute |
e-INDUSTRY NEWSLETTER |
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.
BUILDING STRONGER ECONOMIES AND REMOVING THE BARRIERS FOR THE POOREST WITHIN SOCIETY Our work supports individuals before and after they enter the commercial world and builds economies, by supporting people, businesses and governments through early understanding of ADR and development programmes. Read More INTERNATIONAL CRYPTOCURRENCY & SMART CONTRACT DISPUTES The Benefits of Arbitration and Mediation - by Paul Sills 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 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 | Involvement of third parties in the arbitration Read More Download 2 | The Elastic Corporate Form in International Law Read More Download 3 | COVID-Related Labor Arbitration Awards in the United States and Canada: A Survey and Comparative Analysis Read More Download 4 | Inspired by Vavilov, Made for Arbitration: Why the Appellate Standard of Review Framework Should Apply to Appeals from Arbitral Awards Read More International Arbitration News UK | Total Recall? - Witness Evidence in International Arbitration Read More Turkey | The Regulation on Arbitration in Insurance Has Been Amended Read More India | Supreme Court mulls young lawyers as arbitrators to cut cost Read More Global | PROVINCE OF BALOCHISTAN (Claimant) -v- TETHYAN COPPER COMPANY PTY LIMITED (Defendant). The judgement in England considers the requirement that an objection to a tribunal’s jurisdiction must have been raised as soon as the grounds existed, and the form that the objection must take. Read More UK | The High Court has rejected a claim that three Queen’s Counsel showed apparent bias when sitting on a Premier League arbitration panel, dismissing arguments about their pay and how they were appointed. Mrs Justice Moulder found that the arbitrators were not "beholden" to the Premier League. "It is a feature of arbitrations, recognised by the Supreme Court in Halliburton, that the arbitrators will often be nominated by one of the parties to the arbitration. In this case the parties had agreed in the Rules the process by which individuals would be appointed to the Panel and the individuals selected were lawyers of some years standing." 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 FPD | How do you decide if mediation is right for your dispute? Read More Adjudication News 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 August 2021*) UK | 2021 Global Construction Disputes Report" In 2020 the United Kingdom saw the average dispute value increase to $38.6 million (approx. £27.7 million), an increase of 117% from 2019. This is the highest average dispute value ever recorded for the UK region from our survey" Read More Disputes | "It was recently revealed that construction disputes have more than doubled in value in the space of just one year, with three quarters of those surveyed saying that their projects had been affected by the pandemic." Read More Fees | Costs judge rejects “regrettable” overcharging allegations Read More Judgement | Interesting read regarding the adjudication process in Ireland, where #JusticeMeenan has delivered an enforcement judgement upholding the Adjudicators decision citing many UK TCC decisions. PRINCIPAL CONSTRUCTION V BENEAVIN CONTRACTORS Read More Judgement | General Dynamics United Kingdom Ltd (Respondent) v State of Libya (Appellant) - A useful read regarding a party wishing to enforce an arbitral award against a foreign state in the courts of England & Wales! The party was required by section 12(1) of the State Immunity Act 1978 to serve notice on the state through diplomatic channels, namely by transmission through the Foreign Office, to that state’s Ministry of Foreign Affairs. Read More Judgement | A useful judgement in Fetch.Ai Ltd & Anors v Persons Unknown & Anors ([2021] EWHC 2254 (Comm), concerning #cryptocurrency fraud. This case is the first of its form to come before the English courts and shows the insights of these types of frauds which are continuously evolving. Read More Video | A very useful insight #MaritimeLaw - 'Alexander von Ziegler (LLM ’84), professor of International Trade Law at the University of Zurich and a partner at Schellenberg Wittmer, delivered Tulane's William Tetley Memorial Lecture in Maritime Law on April 6, 2016. Title: “Carriage of Goods by Sea and the Underlying Sales Contract” Read More Judgement | PROVINCE OF BALOCHISTAN (Claimant) -v- TETHYAN COPPER COMPANY PTY LIMITED (Defendant). The judgement in England considers the requirement that an objection to a tribunal’s jurisdiction must have been raised as soon as the grounds existed, and the form that the objection must take. Mr #JusticeKnowles ruled that the claimant, had not previously raised allegations of corruption as a ground to object to the jurisdiction of the arbitration proceedings. As a result, the province was not entitled to invoke the alleged corruption in court proceedings challenging the arbitral award under the 1996 Arbitration Act (the Act). Read More Judgement | The Honourable Mr Justice Fraser has warned against “litigation warfare” as he pleaded with the parties in a construction dispute to co-operate in the face of spiralling costs. 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 Legal | The Technology and Construction Court has again shown its readiness to uphold liquidated damages. In this case it was the employer arguing that the liquidated damages clause was not enforceable. ECO WORLD – BALLYMORE EMBASSY GARDENS COMPANY LIMITED -v- DOBLER UK LIMITED View More Industry | Embrace your professional development, gain your membership designation or drive your organisation forward with our 17 supporting guides to training. If you would like to undertake or reserve your place for our online training courses Read More Equality | Lady Justice Nicola Davies said the all-female court was a sign of the progress that had been made in recent years in redressing the gender imbalance in the judiciary. "Thirty years ago it would have been unusual to see one female judge sitting as part of the Court of Appeal, to see an all-female constitution is a sign of the progress which has been made in recent years. Read More FPD Update | By our Fellow Tim Yimin LIU FPD - Court orders travel agency to pay punitive damages for inappropriate price setting and data abuse Read More FPD Update | Prime Dispute is pleased to announce the appointment of our Fellow Isaiah Bozimo FPD as the new Attorney General and Commissioner for Justice in Delta State, Nigeria. Isaiah has been recognised by Who's Who Legal in 2020 and 2021 as a Future Leader of Arbitration in Africa. He is also a recipient of "Prime Dispute, Dispute Resolution Award 2020 - Africa". Read More FPD Update | Chapter 7: DAMAGES IN INTERNATIONAL COMMERCIAL ARBITRATION - Update from our Fellow Dr. Herfried Wöss FPD - "Contract as investment and the necessity to carefully define the scope, content and limits of a project agreement for the determination and valuation of damages, analyzed and explained by Dr. Herfried Wöss and Adriana San Roman in their chapter on "Damages in Investment Treaty Arbitration" Read More Women In Law | Moving in the right direction! “I am delighted that I am leading a court – the premier criminal court – where we have for the first time equal numbers of men and women doing difficult, complex cases and bringing to that work a broad spectrum of background practice and ideas.” Read More Lucy Greenwood FPD |‘Green’ protocols can cut cost of arbitration for businesses 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 |
UK Supreme Court Cases | 2021
UK Supreme Court | The Supreme Court unanimously allowed this appeal concerning whether a hotel employee working for the respondent was in breach of contract after having raped and assaulted the defendant, and/or gave rise to liability under the Contract and the Travel, Package Holidays and Package Tours Regulations 1992 (“the Regulations”). Read More |
Top 45 Global Influencers
Members most interactive on our social media platforms / 1st-31st August 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 August 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
Number 'One' Global Influencer (Holding the position for the 7th 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 |
2. W. Patrick McPhilamy, III FPD
3. Arlene Kiefer APD (Social Media Influencer Award in Dispute Resolution 2020) 4. Derek Martin Mc Elearney MPD 5. Ademola.M.Abdulkareem APD 6. Paul Achigasim APD 7. Khadijat Ahmed APD 8. Mark Crane FPD 9. Reinhard Boehmer FPD 10. Stuart McDonald FPD 11. Knut Kirkhus FPD 12. Rashda Rana SC FPD (Dispute Resolution Award of the Year - United Kingdom & Ireland 2020) 13. Abba Maiwada APD 14. Ishaq Muhammad ADP 15. Chris Bancroft APD 16. Adrian Kearney FPD 17. Tiwalade Aderoju FPD 18 YahayaIsah Abdulrasheed APD 19. Yvonne Hanly MPD |
20. Entoni Zaini APD
21. Giovanni Di Folco FPD (Dispute Resolution Award of the Year - Europe 2020) 22. Paul Sills FPD (Equality & Diversity Leader Award in Dispute Resolution 2020) 23. Hammad Khan APD 24. Kelechi Onwubiko MPD 25. Andrea Colorio FPD 26. Hon Dr Michael Keith Daly FPD 27. Henk Louw FPD 28. Daniel Alcon FPD (Dispute Resolution Award of the Year - Asia 2020) 29. Tim Yimin FPD 30. Ish Jain FPD 31. John Dowse FPD 32. Isaiah Bozimo FPD (Dispute Resolution Award of the Year - Africa 2020) 33. Leigh Belasco FPD |
34. Azubike Okoye FPD
35. Dr Kabir Duggal FPD (Dispute Resolution Award of the Year - Americas 2020) 36. Robin David FPD 37. Stuart Bosley FPD 38. Wael Ghadban APD 39. Kunwar Chandresh FPD 40. Mofesomo Tayo-Oyetibo FPD 41. Chantelle Humphries FPD 42. Robert Sliwinski FPD (Dispute Resolution Award of the Year - Middle East 2020) 43. Anish Wadia FPD (Dispute Resolution Award of the Year - Global 2020) 44. Dr Herfried Wöss FPD (Outstanding Global Achievement in International Arbitration 2020) 45. Murat Metin Hakki FPD |
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').