“Winning this award is a great honour and a wonderful way to highlight the achievements of our Dispute Resolution Team,” Melissa Padoa - Partner at Rosling King LLP
“This achievement is a reflection of 12KBW’s culture,” Andrew Meyler - Chief Executive of 12KBW sponsored by:
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The 2014 Dispute Resolution Awards celebrate excellence within the dispute resolution arena and recognise firms, teams and rising stars of tomorrow who have made an outstanding contribution to client service and for their experience and skills across key practice areas and sectors. Read on to find out who has set the benchmark for 2014.
Cozen O’Connor
12 King’s Bench Walk
Akin Olawore & Co
International Arbitration Law Firm of the Year: USA Page 6
Personal Injury Litigator of the Year: UK Page 10
Real Estate Dispute Specialists of the Year: Nigeria Page 12
Alternative Costs
ASAR - Al Ruwayeh & Partners
BDO France
Law Costs Draftsman of the Year: UK Page 14
Commercial Litigation Law Firm of the Year: Kuwait Page 16
Arbitration Support Firm of the Year: France Page 18
Elissa Da Costa-Waldman
Etude de Me Sebastien Fanti
Gill Mansfield - Mediation
Matrimonial Finance Dispute Resolution Specialist of the Year: UK Page 20
Litigator of the Year: Switzerland Page 22
Multi-Party Mediator of the Year: UK Page 24
The Family Dispute Resolution Practice
Gill Mansfield - Mediation
Michael Wilson & Partners, Ltd
Naegele Kanzlei für Arbeitsrecht
Rosling King LLP
Mining Disputes Law Firm of the Year: Kazakhstan Page 26
Employment & Labour Dispute Specialist of the Year: Germany Page 28
Financial Services Disputes Law Firm of the Year: the UK Page 30
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4 | 2014 Dispute Resolution Awards
A word from our sponsor...
6 Reasons Your Law Firm Should Use a Client Portal
Today’s business communications happen outside the firm with clients, courts and co-counsel, often scattered around the globe. Using email or generic file sharing services to distribute and collaborate on sensitive documents without subjecting your firm to possible liability is difficult, as brought to light in several recent high-profile security breaches. Therefore, you should consider protecting your firm and client’s information by using a client portal. What is a Client Portal? A client portal, sometimes referred to as a “client extranet” or “client login” feature, is a cloud based network that allows controlled document sharing outside an organization’s firewall. A client portal can be viewed as a secure extension of an organization’s internal computer network to external users, such as clients, experts, accountants and co-counsel. Client Portals - Document Sharing Beyond the Firewall With a client portal - run by virtual data room technology - you are able to set-up workspaces or “rooms” for different client matters. Then, you can provide controlled access to folders and files within that workspace based on varying permission criteria that will dictate the functionality available to each user. For example, you may provide certain users with the ability to view documents while restricting their ability to print or save them. Meanwhile, others may have expanded permissions to download, modify and re-upload documents. Why Your Law Firm Needs a Client Portal One of the most important goals for attorneys is finding ways to serve clients better and provide the best experience possible. Communication with clients can be a challenging process between dealing with files, agreements, emails and phone calls. Client portals can simplify these communications. Here are six reasons your law firm needs to consider a client portal. 1. Complete Cross Border Litigation with Ease A range of complex issues must be addressed in the effort to successfully complete any cross-border transaction. Experienced attorneys in the cross-border transactions field understand that the most successful transactions are based on careful advance preparation and strategies. One of these issues is sharing important or confidential documents with co-counsel and clients located around the world. A client portal can alleviate many of these current concerns. Client matters may be completed successfully and enable you to coordinate rapid cross-border responses to litigation matters whenever and wherever they arise. 2. Work Anywhere – and With Anyone The rise of globalization means the members of a firm are traveling more often. A firm no longer has the entire team
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within the same four walls. With more attorneys on the go, using mobile devices to access information is more popular than ever. With technology changing and usage increasing every day with tablets and laptops, this potentially can be a huge problem for law firms. A client portal, with embedded encryption technology, can decrease the chance of important information falling into the wrong hands. While accessing sensitive information on tablets or iPads, client portals reduce the worry of risking information exposure when using public Wi-Fi networks at airports, hotels and coffee shops. 3. Confirm Document Delivery The tracking and auditing reports available to the administrators of a client portal insure that you will not only know when a party logged in, but also when they accessed each document or file. For example, if you are working with an outside attorney on an agreement, you will see that the attorney has downloaded the agreement for editing. However, if you have not received an automatic email notification that the attorney has uploaded the revised agreement back into the client portal in a reasonable amount of time, you can then inquire about the revision status. These audit reports also provide documentation that meet a full range of regulatory compliance requirements for legal, financial and corporate professionals. Numerous regulatory agencies have stringent requirements to confirm exactly who received what information and when. Using a client portal removes the worry of misplaced information or wrongful access. 4. Securely Distribute Files The days of placing a file in a locked file cabinet are almost over. If the only way you’re able to retrieve or send important documents is through email, you’re setting your firm up for problems. In recent years, using a secure document sharing service has become a firm’s best defense against security breaches. Choosing the appropriate service provider is essential for meeting the needs of your clients and partners. Be sure to check the service provider’s security procedures and avoid using generic services such as Dropbox, Google Drive or iCloud. Files shared through these generic services may be forwarded, altered or deleted by parties without your authorization. Client portals provide secure document sharing features to help you distribute and manage documents and files. Look for useful add-ons such as the ability to search within the full text of all uploaded files and the ability to incorporate Bates numbering and key words into to the file’s background data. 5. Enhance Client Communications Historically, the lack of prompt responses and poor levels of communication were the most often heard complaints from
Fact File
“V-Rooms would also like to take this opportunity to congratulate this year’s winners…” Firm: V-Rooms Email: info@v-rooms.com Web: www.v-rooms.com Address: 3535 Peachtree Rd. Suite 520, Atlanta, GA 30326 Telephone: +1-404-692-6101
2014 Dispute Resolution Awards | 5
clients. A flurry of activity may take place on a particular day regarding a client matter, but clients do not want to receive a dozen emails keeping them informed of these details. With a client portal, you have a way to increase transparency on a “pull” rather than a “push” basis where they may keep themselves informed of new or changed information regarding edits and feedback on contracts, filings and motions. Depending upon the permissions that you set for each user, you may also restrict document editing, printing, downloading and saving – you may even “undo” access to a document after it has been previously downloaded. 6. Reduce Costs Attorneys often must be able to work while traveling and find themselves in a virtual environment, handling several client matters simultaneously. These attorneys have a high success rate with client portals because they not only provide a streamlined client interaction and the clients may be benefiting from alternative fee arrangements. Clients under these arrangements are willing to shoulder more of the clerical work – like logging in to review recent document changes - instead of calling someone in your firm for a status update. Think of all the time wasted while responding to clients that are requesting an additional copy of the latest contract or court filing. This is not to mention the ineffective time spent searching through your email inbox to find the right version of the document that you previously forwarded to your client for his review and signature. A client portal can reduce the effort on your staff and reduce the costs associated with managing clients. In Conclusion An online client portal removes the worry of collaborating across different geographies and time zones. Using a secure cloud based solution outside of the firm’s firewall makes it easy to involve external parties to securely connect and share important information. In doing so, you will have a cost effective way to find and manage information quickly, simplify communications, foster better client relationships and increase productivity. Use a client portal to help your firm work smarter, faster and better. About: Dan R. Bradbary is the Founder and CEO of V-Rooms Virtual Data Rooms. For over seven years V-Rooms have provided attorney client portals and secure document sharing platforms for a variety of industries. Mr. Bradbary is a recognized internet security expert, having appeared recently on Fox National News to comment on the rash of security breaches experienced in the retail and corporate industries.
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6 | 2014 Dispute Resolution Awards
International Arbitration Law Firm of the Year: USA
Cozen O’Connor Cozen O’Connor’s Recently Launched International Arbitration Group and Chair Martin Gusy Already Making Waves
Established in 1970, Cozen O’Connor has 575 attorneys who help clients manage risk and make better business decisions. The firm counsels clients on their most sophisticated legal matters in all areas of the law, including dispute resolution, corporate, and regulatory law. Representing a broad array of leading global corporations and middle market companies, Cozen O’Connor serves its clients’ needs through 23 offices across two continents. Cozen O’Connor’s International Arbitration team has been active throughout the United States, Europe, South America and Asia, and has handled matters with interested parties in the Middle East, Africa and Australia as well. Its attorneys serve clients in a range of business sectors, including energy (oil, gas and electricity), construction and mechanical engineering, transportation and logistics, finance, insurance, international investment, chemicals, technology, and mining. Clients come to Cozen O’Connor with their most complex and high-stakes matters; the firm has won awards worth more than US $100 million and has achieved victory in disputes that implicate international business operations. International Arbitration The international arbitration team advises clients on cross-border disputes arising inside or outside the United States. Cozen O’Connor’s international arbitration attorneys are fluent in a number of languages, are qualified to practice in a variety of European jurisdictions, and have taught law in the United States, Russia and other European and Asian countries. The firm’s familiarity with foreign languages and cultures enhances its attorneys’ ability to sort through multiparty and multijurisdictional conflicts, as well as advise clients on how to internationalise their businesses with a proactive dispute resolution management strategy.
national Arbitral Centre (VIAC), and other forums. He is currently sitting as an arbitrator in U.S. and European based commercial arbitrations involving parties from the U.S., Germany, Denmark, Hungary, the Netherlands and India. Martin’s experience spans a diverse range of industry sectors, including energy, technology, manufacturing, construction, and mining, to name a few; as well as an extensive geographic reach, including North America, Europe, Latin America, the Middle East and Asia. The Key to Success While Cozen O’Connor has long been involved in a variety of International Arbitration work, it was with the arrival of Messrs. Gusy and Weldon that the firm created a formal International Arbitration Group. On the inception of the International Arbitration Group, few – either inside or outside the firm – could have anticipated just how quickly the group would become recognised as a leading International Arbitration practice in the United States and across the globe. In addition to Messrs. Gusy and Weldon in New York, Cozen O’Connor’s International Arbitration team includes, among others, Donna Goldsworthy in London, and Jeffrey G. Weil, chair of the firm’s Commercial Litigation Department, and David E. Zerhusen, co-chair of the firm’s Energy Industry Group, in Philadelphia. Firm Managing Partner, Vincent R. McGuinness, Jr., commented on the creation of the new group: “International arbitration is critically important to doing business and resolving cross-border disputes in today’s global environment,” he said. “We are very pleased to be expanding our team whose experience extends throughout the United States, Europe, North and South America, Asia, the Middle East, Africa, and Australia.”
The chair of Cozen O’Connor’s international arbitration practice, Martin Gusy, was listed as a Leading Lawyer 100 in the field of Dispute Resolution by Lawyer Monthly and is a member of the AAA/ ICDR Roster of International Arbitrators and Mediators. He is the co-author of A Guide to the ICDR International Arbitration Rules, a leading industry text published by Oxford University Press.
Current highlights The Group is currently representing and advising clients in international arbitration matters on four continents - Asia, Europe, North and South America - with amounts in dispute at well over $100 million.
Martin Gusy Martin has more than a decade of experience as an international dispute resolution attorney and, prior to joining Cozen O’Connor, was the head of Gusy Van der Zandt LLP’s Litigation & Arbitration practice. Martin has appeared before many major tribunals, including those constituted under the arbitration rules of the American Arbitration Association / International Centre for Dispute Resolution (AAA/ICDR), the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), the United Nations Commission on International Trade Law (UNCITRAL), the International Centre for the Settlement of Investment Disputes (ICSID), the German Institution of Arbitration (DIS), the Vienna Inter-
Current highlights include: • Advising Austrian mechanical engineering company in its dispute with Egyptian steel producer in a Paris based ICC arbitration. • Advising African sovereign on annulment of ICSID award proceedings. • Representing U.S./Brazilian company in its New York based water industry post-acquisition ICC arbitration against Brazilian and Cayman company. • Representing Austrian/German mechanical engineering company in its AAA/ICDR Boston based dispute with U.S. joint venture partner over Mexican investment.
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Fact File
“We are very pleased to be expanding our team whose experience extends throughout the United States, Europe, North and South America, Asia, the Middle East, Africa, and Australia.” Firm: Cozen O’Connor Name: Martin F. Gusy Email: mgusy@cozen.com Web: www.cozen.com Address: 277 Park Avenue New York, NY 10172 United States Telephone: (212) 453-3723
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Sanchai Kumar / Shutterstock.com
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Recent results include: • Obtaining $1 million statutory damages award for Dutch owner of the Commodore brand in the SDNY against U.S./Asian defendant, along with attorney’s fees, for firm client, C=Holdings B.V. The client is the Dutch owner of Commodore trademarks. The dispute involved a claim by Asiarim Corporation that it owned the Commodore trademarks. The case turned on emails brought to light during aggressive discovery by the Cozen O’Connor team. Judge Sullivan in the Southern District of New York tried the case as a bench trial. The Judge found that the emails showed a “convoluted and ham-fisted effort [by Asiarim] to concoct post-facto evidence of the purported transfer” of the trademarks. He further found that, upon cross examination, Asiarim’s witnesses reinforced that conclusion. In addition to granting judgment to C=Holdings B.V., the Court also ordered Asiarim to file a corrective statement with the SEC regarding its false ownership claims and to publish a corrective statement to customers “explaining the Court’s findings in this action.” • Obtaining discovery order against the Republic of Argentina for global disclosure of assets in support of enforcing $44+ million judgment currently pending in the 2nd Circuit Court of Appeals. • Obtaining withdrawal of $22+ million claim from Swiss/Uruguayan plaintiff in dispute with Dutch defendant as a result of aggressive defense work.
Stuart Monk / Shutterstock.com
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10 | 2014 Dispute Resolution Awards
Personal Injury Litigator of the Year: UK
12 King’s Bench Walk Andrew Meyler is Chief Executive of 12KBW, a barrister’s chambers which specialises in personal injury, clinical negligence, and employment cases. He speaks to AI magazine after receiving the Outstanding Contribution to the Field of Dispute Resolution Award, as voted by AI readers.
“This achievement is a reflection of 12KBW’s culture,” he begins. “Effective dispute resolution depends upon three specific elements of expertise on the part of the mediator. They are: • A sophisticated appreciation of the facts of the case informed by advocacy experience • Objective understanding of all parties’ relative legal positions • The ability both to communicate effectively themselves and to facilitate communication between the parties It is 12KBW’s culture which is responsible for developing these skills in its members - the rigorous selection and training of pupils, the prioritisation of (and ability to enable) time in court over time at the desk, the peer support at all levels and the prizing of intelligent humanity over intellectual arrogance. As leaders in our fields in the context of court room litigation we have this expertise in abundance.” The Outstanding Contribution to the Field of Dispute Resolution Award is clear validation of 12KBW’s success, as well as the firm’s approach to the culture of its working environment. Andrew Meyler explains what the firm does to actively develop its practise. “We have seen a growing interest in Dispute Resolution for some years, but the cost, complexity and delay of court proceedings has now made it considerably more attractive to all litigants. The restriction on the availability of Conditional Fee Agreements and on the recoverability of costs by Defendants have persuaded Claimants and Defendants to look for other means of achieving settlements. Accordingly, during the last year we have broadened our range of forms of Dispute Resolution from facilitative mediation to binding arbitration.” Now, perhaps so more than ever, 12KBW client loyalty is tested by a variety of competitors within the industry. But Meyler has employed some defensive measures to ensure that the firm’s retention holds strong, and that it has a clear differentiation strategy to its rivals. “Above all things, clients want a successful outcome - so the key to maintaining competitiveness is the quality of our advocacy and advice,” he states. “Having said that, we also need to be pragmatic about what we charge and easy to do business with – which for us means relentless focus on maximising value-added to our clients and being willing to innovate. We get consistent feedback that our dispute resolution capability is one of our ‘USPs’ and for this reason, we continue to invest in it and look for ways in which we can use it to provide us with ‘competitive leverage’.”
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Brand awareness is often key in the retention of clientele, and 12KBW is aware of how important it is to ensure the brand remains trusted and associated with excellence in its field, as Meyler continues: “Arguably, for most members of the Bar, their Chambers’ brand is becoming as important as, if not more important than their ‘personal brand’. It is now effectively impossible for larger defendant and claimant corporate clients to engage with individual barristers other than through a corporate-like entity such as a Chambers. Only Chambers have the scale of operation and consistent quality of service to be an effective supplier in today’s increasingly corporation-dominated marketplace. And, in order to compete effectively, Chambers must differentiate themselves from each other and their brand is their primary expression of difference. For clients, a brand represents a form of guarantee, a way of simplifying decision-making in a complex environment – they need to know that whatever it is about the branded organisation which they prize will be consistently delivered. At 12KBW, we are continually viewing everything we do through the prism of the brand – explicitly defining what we stand for in the marketplace and then doing all we can to ensure that our brand embodies that.” The dispute resolution landscape is changing, with radical changes taking place often to ensure the continued evolution of such a sector. Does Meyler anticipate any radical changes either in 12KBW’s structure or core service offerings during the short to medium term? “We are already working with clients to increase the speed and reduce the costs of dispute resolution,” says Meyler, speaking of alterations 12KBW has made to its core service offering. “We expect to expand our existing initiatives and to participate in new ones. In time we expect that Dispute Resolution will replace much court room litigation.” As international economies start to re-gain pace, Meyler and 12KBW have noticed a change in demand levels for dispute resolution services. “In our sector, the direct impact of the economic down-turn which began in 2008 was less marked than in others. For us, the impact was indirect – the parlous state of government finances necessitated dramatic reductions in public-sector expenditure which resulted in budget constraints at the Ministry of Justice which in turn led to the so-called ‘Jackson reforms’, the implications of which are still working through. What is clear, however is that success in the post-Jackson era will be a function of innovation and pragmatism, not head-in-the-sand dogmatism. Our dispute resolution offering is an example of the former”
Fact File
“At 12KBW, we are continually viewing everything we do through the prism of the brand – explicitly defining what we stand for in the marketplace and then doing all we can to ensure that our brand embodies that.” Company: The Chambers of Andrew Hogarth QC, 12 King’s Bench Walk Name: Andrew Meyler, Chief Executive Email: meyler@12kbw.co.uk Web: www.12kbw.co.uk Address: 12, King’s Bench Walk, Temple, London EC4Y 7EL Telephone: 0207 583 0811
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12 | 2014 Dispute Resolution Awards
Real Estate Dispute Specialists of the Year: Nigeria
Akin Olawore & Co Resolving your dispute without dissolving your relationship.
Dispute is part of human existence and will always arise, but how it is resolved defines human relationships. Rights and Privileges A right is defined by Black’s Law Dictionary as “a power, privilege, faculty, or demand, inherent in one person and incident upon another.” Black’s Law also defines privilege as “a particular and peculiar benefit or advantage enjoyed by a person, company, or class, beyond the common advantages of other citizens. An exceptional or extraordinary power or exemption.” • All rights are derived from property; • Every right implies a responsibility; and • The only limitation on your rights is the equal rights of others Let me demonstrate the principle behind the above with an example. Suppose I walk out of my house onto my land. I can walk back and forth across my land any time I want without asking anyone’s permission. Walking across my land is a right. Now suppose I want to walk to the store on the other side of your land. Can I walk back and forth across your land anytime I want to? No. It is a privilege. The important concept here is that privileges are granted and can be revoked at any time for any reason. Rights and privileges are opposites. Any time there is a dispute about rights, the argument can be settled by determining who owns the property in question? If it is this simple, why then do we have disputes? Disputes arise from misconception and misinterpretation of rights and privileges by parties in dispute but it leads to endless and, most times, irreversible acrimony when the process of resolving the disputes become tendentious and frustrating. One action leads to another reaction of higher gravity and the cycle continues ad infinitum. This is the unintended outcome of litigation… Alternative Dispute Resolution – Mediation Andrew Goodman and Alastair Hammerton in their book, ‘Mediation Advocacy’ describe mediation as a voluntary, non-binding dispute resolution process in which a neutral www.acquisition-intl.com
person helps the parties to reach a negotiated settlement. Benefits of Mediation - The negotiated outcome to a dispute is usually more satisfying and more durable than an order imposed by a court - The parties to a dispute should control its process and its outcome - The parties to a dispute should be assisted by their professionals, representatives or advisers in coming to a settlement that both deals with and address matters in issue and meets their true needs - Parties should have regard to helping the opposite party secure its needs while at the same time preserving their own Litigation v Mediation Mediate if: • The parties have and want to maintain a commercial relationship • Both parties have a mutual interest in a quick resolution of the dispute • Both parties recognise that litigation will be expensive, long drawn and unpredictable • Neither party wishes to have the publicity that litigation may bring them • The parties have come to understand that Mediation may provide them with the best option to have their day in court, a form of catharsis, yet carried out in the most cost – effective way possible • There may be problems with witness availability or quality and a possible trial is best avoided Litigate if: • The matter is for strict interpretation of law and not fact • A title declaration is required • An injunctive declaration or other mandatory or prohibitory order is required • The case concerns criminal activity. Stand up for your rights and keep your relationship… head or tail both parties will be satisfied. This article is reproduced from Akin’s website. To read it in full, visit www.akinolawore.net.
Fact File
“Quality is our watch word. We appreciate that a client will only pay for a service that has added value, reduced transaction cost in terms of stress, time and quality. So we strive to ‘do it right the first time’ and invite you to have a taste of the first time.” Company: Akin Olawore & Co Name: Address: Western House, 5th Floor, 8/10 Broad Street, Lagos Island - Nigeria Email: info@akinolawore.net Web: www.akinolawore.net Telephone: 01-8975508, 01-2772245, 08064884966
Michael Wilson & Partners, Ltd. (MWP) is a full service law practice and business consultancy with offices in both Baku and Almaty covering Azerbaijan, Kazakhstan, the Central Asian Region and the Caucasus. Combining years of collective experience in the CIS, MWP’s key personnel have been actively practising in this Region for more than 20 years on a resident full-time basis, taking a leading role on many of the groundbreaking transactions in a variety of sectors. Today, MWP continues to maintain its position as the region’s largest independent law firm and is as well considered a key strategic partner to its clients - both foreign and domestic - in mining and natural resources sectors, utilities, cross-border transactions, all aspects of foreign investment, joint ventures, financing, privatisations, restructurings, transportation, domestic and international dispute resolution, intellectual property, trademarks and general corporate and commercial law. MWP office in Azerbaijan, Baku was established in 2003. Michael Wilson &Partners, Ltd. in Azerbaijan maintains an office to represent key clients in the jurisdiction.
Nurly Tau Business Centre, 7th Floor, Building 1A, 5 Al-Farabi Avenue, Almaty 050059, Kazakhstan Telephone: +7 727 258 48 90, Facsimile: +7 727 258 48 94 BAKU OFFICE: Telephone: +994 12 4978948, Facsimile: +994 12 4978947
www.mwp.kz
14 | 2014 Dispute Resolution Awards
Law Costs Draftsman of the Year: UK
Alternative Costs Acquisition International speaks to Paul Mullin about his recent win.
“If there is one single element that has enabled us to reach our achievement, it is organisation/teamwork. We have been able to achieve this level of organisation through a combination of optimum use of IT, and human resources.
“Less than 1% of cases reach the inside of a court room. Cost and delay can only hinder the justice process; we believe that these two factors alone mean that the demand for dispute resolution will increase.
The development of our business is focused on three principles:
“In our view the regions which tend to be the most litigious are the South East and the Midlands.
1. Competency – we strive to obtain a full range of managerial and technical expertise within the organisation, and outsource any functions should that be required for extra-technical competency and expertise. 2. Integrity and trust - we deal with professionals who are governed by codes of ethics. We also ensure the provisions of any services comply with our clients’ needs and their professional codes. 3. Responsiveness/Proximity – Our investment in information technology means we are able to provide a state of the art rapid service to any demands from our client 365 days a year on a round-the-clock basis. “We believe the service for our clients speaks for itself. We ensure that there is continued regular contact with all of our clients and that developing needs are addressed at an early stage. “The Dispute Resolution landscape has changed, but not to the extent that we believe that radical changes apply at this time, particularly as the landscape may change again in the short term.
“We repeat what is stated above. Less than 1% of disputes reach the confines of the court room, in our experience. Although the internationally economies are starting to regain pace, we are at the view that there is still much caution in the markets, consequently activity/demand levels will be slow to react in the short term. There will of course always be “crisis-related cases”, but these, in our view, are tapering off at the present time. “Alternative Dispute Resolution has now supplanted litigation as the principal method of dispute resolution. Our view is that the mobile phone technology is allowing what we consider to be the most ubiquitous technology in the world and this can greatly enhance dispute management and dispute resolution. “In today’s media world, we find that our brand is all important to us and to our clients, but that brand has been achieved and maintained on the basis of being able to give our clients what they require and providing the most efficient of services. “Our USP is a bespoke case management that allows us to integrate with any other IT system in the market allowing electronic transfer and bespoke reporting.” Three Graces of Liverpool
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Fact File
“Alternative Dispute Resolution has now supplanted litigation as the principal method of dispute resolution. Our view is that the mobile phone technology is allowing what we consider to be the most ubiquitous technology in the world and this can greatly enhance dispute management and dispute resolution.” Company: Alternative Costs Email: info@alternativecosts.co.uk Web: www.alternativecosts.co.uk Telephone: 0844 822 0909
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The Royal Liver Building on the Pierhead at Liverpool
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16 | 2014 Dispute Resolution Awards
Commercial Litigation Law Firm of the Year: Kuwait
ASAR - Al Ruwayeh & Partners Based in Kuwait City, ASAR is one of the Middle East region’s leading law firms and works closely with many of the biggest and most ambitious organisations across a wide range of major industries.
ASAR’s expertise covers local and foreign multinational corporations, banks and investment companies, industrial conglomerates, governments and state authorities, and private clients and its diverse group of skilled and qualified professionals operate under a strict culture of ethics, integrity and hard work. As a result, ASAR has instilled loyalty and credibility across the GCC and international board. Here we speak with Managing Partner, Ahmed Barakat about his firm’s dedication to excellence in the field of dispute resolution and why it plays such a pivotal role in ASAR’s ongoing success. The award is recognition of your outstanding contribution to the field of dispute resolution; to what single element of your firm/practice would you attribute this achievement? We attribute the success of the dispute resolution department at our firm to the efforts of each lawyer in the team and the experience gained by our lawyers during many years of legal practice in Kuwait and other jurisdictions. We also owe it to our clients whose trust and continuous cooperation have enabled us to achieve positive results. The success is clear validation of your culture and approach. What do you do to actively develop your practice? Are you alive to its evolution from say, this time last year? Our dispute resolution department is up to date with all legal developments, either new laws or amendments or judicial precedents. Also, we always keep an eye on the market developments to provide our clients with updates covering all legal and business aspects. Further, we adapt to market changes by shifting a part of our resources to the new areas in the dispute resolution field that emerge from time to time like tax and capital markets litigation that have assumed more importance recently. Client loyalty is tested by your competitors now more so than ever before. How do you rise to this challenge and what defensive measures do you engage to protect against this? We provide our clients with comprehensive legal advice and make them familiar with all possible scenarios without surprises. As such, the high quality and practical nature of our advice have allowed us to maintain our clients’ loyalty. Further, we have maintained our fees at a competitive level and have increased our exposure to our client base and others in the legal market through seminars, workshops and contributions to professional publications. The dispute resolution landscape is changing. Do you anticipate any radical changes either in your structure or your core service offerings during the short to medium term? We do not anticipate any radical changes in the short or medium
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terms in our structure or in the kind of services we offer. However, we are keen to expand our legal services to cover all new areas that emerge as a result of the enactment of new laws or otherwise. As indicated above, we have beefed up our litigation practice in the areas of construction, tax and capital market in line with market demands. Globally there has been a shift to try and settle disputes out of court wherever possible. In your experience what percentage of disputes in your jurisdiction are now settled outside the courtroom? We encourage our clients to proceed with amicable settlements if there is room, as this would save them time and money. Recently, we have noticed an increase in the number of cases settled amicably, which we estimate at 25%. Litigation is still the only option in some cases. Which industries and regions tend to be the most litigious? The industries that tend to be most litigious are construction, banking, insurance, tax, and agency termination. Our international economies are really starting to regain pace. Have you noticed a change in activity/demand levels? Are there still crisis-related cases? The cases related to the latest financial crisis are now very limited and we see good signs of the Kuwaiti economy recovering both at the private and public sector fronts. Obviously, this would lead to more transactional and litigation work for law firms. Do you believe that you have a USP that is clearly articulated and understood by the market and how does it differentiate you from the competition? Yes, we believe that our USP is clearly articulated and understood by the market. Our clients rely on us as we have, over a period of many years cultivated a clear understanding that we are in the business of providing solutions that make good business sense. Our USP is underpinned by the fact that we have a deep understanding that success in business today requires big picture thinking with attention to the finer details, the execution of which is vital in managing risk and successfully turning an inspired vision into business headlines. As Kuwait’s only tier-1 ranked law firm by various leading publications, our firm has been consistently recognised as delivering professional legal services of the highest calibre. We draw on our unique knowledge of the Middle Eastern business environment, key relationships, and in-depth understanding of the socio-political climate to provide our clients with practical legal advice that always makes business sense. ASAR - keep us close.
Fact File
“We provide our clients with comprehensive legal advice and make them familiar with all possible scenarios without surprises. As such, the high quality and practical nature of our advice have allowed us to maintain our clients’ loyalty.” Company: ASAR – Al Ruwayeh & Partners Name: Ahmed Barakat Email: abarakat@asarlegal.com Web: www.asarlegal.com Address: P. O. Box 447, Safat 13005, Kuwait Telephone: +965 229 22700
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18 | 2014 Dispute Resolution Awards
Arbitration Support Firm of the Year: France
BDO France Michel Léger, Managing Partner at BDO France, talks to Acquisition International about the growing trend in dispute resolution.
Michel Leger explains more about BDO France. “BDO has the chance to gather various skills and talented people, with strong technical and relational qualities, that work smoothly together to achieve the best solution for our clients. That mix of technique (finance, IT, data analysis…) and soft skills is really our strength to build trust among our contacts. I think that my own experience, as a Legal Auditor, Chartered Accountant and Expert for French Courts as well as the many assignments I’ve carried out (valuations, fairness opinion, mergers and acquisitions…) is a good example of this mix.” Michel explains how brand is important to BDO France, and also to its clients.
“Our brand is key asset for us even if interpersonal relations are of course very important,” he says. “BDO is a worldwide audit and advisory services network, with offices in more than 140 countries. We have a large clients’ portfolio and frequent contacts throughout Europe and the rest of the world. I believe it’s also important for our clients as BDO stands for a well-established brand (more than 50 years now) with lots of success and growth, always with integrity, innovation and an exceptional client service.” There has recently been a global shift to try and settle disputes out of court wherever possible, as Michel states: “Clearly dispute resolution is now seen by a growing number of companies as an efficient and profitable process. Surely the crisis related cases had an impact on the demand and prove that going outside of the courtroom has many advantages.”
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“Clearly dispute resolution is now seen by a growing number of companies as an efficient and profitable process. Surely the crisis related cases had an impact on the demand and prove that going outside of the courtroom has many advantages.”
Company: BDO France Name: LEGER Email: michel.leger@bdo.fr Web: www.bdo.fr Address: 113 rue de l’Université 75007 Paris Telephone: +33 1 58 36 04 30
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Matrimonial Finance Dispute Resolution Specialist of the Year: UK
Elissa Da Costa-Waldman, Barrister Elissa Da Costa-Waldman is a Barrister, Mediator, Collaborative Lawyer and Family Law Arbitrator as well as founder of The Family Dispute Resolution Practice. Here, Elissa speaks to AI magazine about the firm and how it felt to be voted Matrimonial Finance Dispute Resolution Specialist of the Year.
Elissa Da Costa-Waldman was called to the Bar in 1990 although she has worked in legal practice since 1973. Using a creative and innovative approach to finding solutions to clients’ issues and particularly financial matters on relationship breakdown, Elissa prides herself on having an ‘inclusive practice’ demonstrating approachability and sensitivity in dealing with alternative family structures. Thus, in addition to her practice in Matrimonial Finance, Elissa is also an expert in cohabitation claims of both heterosexual and homosexual partners, including drafting cohabitation agreements at the beginning of the cohabitational relationship and dealing with matters by agreement at its end. Where litigation is the appropriate means of bringing the dispute to conclusion Elissa is an assertive and effective advocate, being National Institute of Trial Advocacy trained. However, although she has a wealth of advocacy experience, Elissa is a passionate proponent of dispute resolution methods that avoid court believing that relationship breakdown requires a solutions based approach rather than an adversarial one. Elissa believes that sheer hard work and determination to keep abreast of developments in the law, recognising that Court is no longer the first option for dispute resolution but should be the last particularly with disputes involving families, is the key to the success of her practice. “My dispute resolution practice has evolved since this time last year,” she explains. “I use every opportunity, whether it be in Client Option Meetings or my lectures to other professionals or articles to highlight the benefits of non-court based dispute resolution, referring to the many different methods of DR.” Elissa also takes a refreshing approach to competitors and rivals within her jurisdiction. “I don’t take defensive measures against competitors,” she says. “I don’t regard offering the entire range of DR to Clients as a competition, especially in a DR world where we are looking at what works best in individual cases. This is especially appropriate in family cases.” Globally there has been a shift to try and settle disputes out of court wherever possible, however due to DR being a relatively new area, Elissa explains that new rules and regulations are coming in to play which will affect the way it is done. “The English Family and Civil Law System has changed in that mediation will be mandatory in the former case from April 2014 (with a few exceptions) and highly encouraged in the latter. I would therefore expect that court will increasingly become the alternative way to resolve disputes and that mediation, collaboration and arbitration will take over as the norm. Whilst this is not a surprise to lawyers or those whose main area of work is in commerce, the
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various forms of DR are not well known to the public. What we do need, both globally and domestically, is more public awareness of how personal matters involving children and finance can be dealt with in a more dignified and conciliatory way often with more speed and efficiency and a saving in costs by using DR. A creative Family Dispute Resolution Practitioner has many different methods in their tool box because they recognise that Family DR is not achieved successfully by a one size fits all approach but by a careful analysis of which method is most likely to suit the particular case and the people involved, thereby providing a bespoke service.”
The increase in technology has affected the dispute resolution sector, but, as Elissa explains, very much for the better. “Winning the work is about responding to changing environments and recognising client needs and expectations. It is not always possible due to other commitments for people to meet face to face in the same room to engage in dispute resolution but a creative approach to it means that one can put all sorts of resources to good use to make it work for the Clients involved. Technology means that DR can take place successfully using Skype, conference calling, video conferencing etc.” Finally, Elissa explains exactly how important brand awareness is to her business. “My USP is my new brand – The Family Dispute Resolution Practice which says I can help and I can get the clients from revolution to resolution and I will provide a bespoke service,” she states. “Brand is important so that the Clients get a feel for what is on offer. Although I am a qualified Barrister, for many people this conjures up images of the warrior in the Court room rather than the problem resolver. I have recently rebranded myself a Family Dispute Resolution Practitioner which encompasses the skills and qualifications gained over the years to be able to offer the whole range of Family Law DR being mediation, collaborative law and Family Arbitration.”
Fact File “My USP is my new brand – The Family Dispute Resolution Practice which says I can help and I can get the clients from revolution to resolution and I will provide a bespoke service” Company: The Family Dispute Resolution Practice Name: Elissa Da CostaWaldman Email: elissa@fdrp.co.uk Web: www.fdrp.co.uk Address: 218 Strand, London WC2R 1AT Office: 0845 083 3000 Direct Line: 01727 758651 Fax: 0845 083 3001
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Litigator of the Year: Switzerland
Etude de Me Sebastien Fanti Sébastien Fanti is partner at Lexing. Here, he speaks to AI magazine about being voted Litigator of the Year, Switzerland.
Fanti describes his elation at winning the Litigator of the Year award for Switzerland, as voted by Acquisition International readers. “We attribute this award to a great team and some precedent-setting decisions. My employees are young but experienced and motivated to give their best for the firm. The driving force is to be surrounded by remarkable people. “With regards to the firm’s culture and approach, everyone’s fate interests us, regardless of whether they are humble or powerful. This is the first rule to respect. Indeed, we encourage our people to be entrepreneurial and to learn from their mistakes. We enjoy practicing law together and our passion is what makes us pursue our goals and what keeps us going. Knowledge is the heart of your practice and we have developed solutions to obtain relevant information as quickly as possible.” As any litigator worth his salt knows, client loyalty is tested by the strength of the competition, now so more than ever. Sebastien explains how Lexing works to strive above its rivals and differentiate itself in the market. “We are able to differentiate ourselves by reactivity, our listening position of the market and one international network. Lexing offers to our clients’ access to some of the best lawyers in more than 20 countries. Such lawyers work each week together on complicated and international cases. Glacier Express, switzerland
“The idea that the customer is king has been around a long time and for good reason because without happy customers a business won’t stay in business for too long,” he says. “We try to prevent disputes by having regular contacts with our customers and take stock of where they are with their businesses and projects. This relationship requires great deal of work.
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“Clients always wants better services and lower costs, while lawyers want more business and more revenue. We should be prepared to adapt our business model and offer great services with lower prices. A perfect metaphorical example would be « Lagerfeld for H&M ». Process automation and modelling tools including IT will help us to take up this challenge.”
“We attribute this award to a great team and some precedent-setting decisions. My employees are young but experienced and motivated to give their best for the firm. The driving force is to be surrounded by remarkable people.”
Globally there has been a shift to try and settle disputes out of court wherever possible, and Fanti’s experience is no different, as he explains. “I try to find solutions in 90%, more or less, of the cases. The success of this approach depends on many elements and factors, including the lawyer for the other side. If the lawyer is intellectually honest, the solution is easier to find. Client knows that the judicial system is expensive. If you explain precisely the options and the risks to Client, and that you offer him a solution he understands, he will be ready to follow you. “Litigation is still the only option in some cases and, in Switzerland, clients are still sensitive to their attorney’s advices. Small claim procedures are really expensive. So naturally we try to find out solutions. It’s more complicated in technical areas where expertise are necessary. When you begin such procedures, it’s hard to ‘stop along the way’ because a lot of money has been invested from each part. I would say that if contracts were well devised at the beginning, the litigations would be resolved faster. “Currently, clients are more price-sensitive. But, at the same time, they want more attention and services. For the moment, I did not notice any change in activity/demand levels. Flexible and individualised service offerings ensure that a high level of customer satisfaction is continuously maintained. However, I think that companies will try to get solutions by themselves if they have internal lawyers and will refer to external advice as a last resort. For companies without internal lawyers, it should be interesting to conclude contracts with fix prices. We are happy to work like this too.” New technologies emerging have accelerated the dispute resolution process, as Fanti explains further. “It has made the process more simple and easier. For instance, it is now possible hold an oral hearing through videoconference. The Google Glasses will surely be revolutionary for most companies and will facilitate business, even if new privacy issues will appear.”
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Company: Lexing Switzerland, Sébastien Fanti Name: Sébastien Fanti Email: sebastien.fanti@sebastienfanti.ch Web: www.sebastienfanti.ch; www.lexing.ch Address: Rue Pré Fleuri 8B, PO Box 497, 1950 Sion, Switzerland Telephone: 0041 27 322 15 15
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Multi-Party Mediator of the Year: UK
Gill Mansfield - Mediation Acquisition International talks to Gill Mansfield, director at Gill Mansfield Mediation and a CEDR accredited independent commercial mediator.
It has been an exciting year for Gill Mansfield, who has been recognised for her work in bringing parties in dispute to the mediation table. She attributes her success to her ability to get to the crux of a problem quickly, and build rapport with all parties involved, “building trust with the parties is absolutely key to achieving a settlement. The parties and their lawyers need to have confidence in the mediator and the mediation process. It is vital to begin building these relationships well before the day of mediation.” “My own first experiences of mediation were as in-house counsel litigating various international and cross border disputes. This provided a valuable perspective both on the effectiveness of mediation as a means of resolving commercial disputes, and the qualities parties look for in a mediator. Having experienced these kinds of disputes from both sides of the table, I am in a much stronger position as a mediator to achieve the best possible outcome for parties.”
Gill spent much of her earlier legal career in senior in-house Business and Legal Affairs roles in the media, entertainment and creative industries in London and New York. “My experience at boardroom level and working directly with business and creative teams provided the perfect grounding for my mediation practice. Deal making and working with business people to formulate workable commercial solutions to difficult problems is at the core of what I do and the service that I provide as a mediator. It is this commercial expertise that appeals to my clients.” Commenting on the growing popularity of mediation, Gill continues “mediation has many advantages over litigation including speed, cost savings and high success rates. Litigation can be frustratingly slow whereas a mediation can be organised very quickly. Most mediations take place over the course of just one day and with around 80% of mediated cases settling either on the day or shortly afterwards the success rates speak for themselves. At a fraction of the cost of taking a case to trial, mediation has an obvious appeal.” “The mediation process enables parties to focus on commercial solutions and the outcome that they need to achieve rather than legal arguments and positions. Litigation is something of a blunt instrument when it comes to outcomes and remedies. It’s either win or lose on the day and the decision is out of your hands. In contrast, mediation allows the parties to structure their own deal in a way that works for them. So providing an approach to dispute resolution that puts the clients in control and allows them to focus on what is important to them is where I come in as a mediator. I aim to work creatively with parties to help identify workable solutions to their dispute.” “The flexibility of the mediation process, the ability to preserve business relationships and control of the outcome appeals to business clients. Mediation can provide a valuable pause in litigation that allows parties to consider commercial options without prejudicing their ability to litigate if necessary.” Discussing how the legal landscape in the UK is developing, Gill adds “following the Jackson report and various high profile Court of Appeal cases - such as PGF II SA v OMFS Company 1 Ltd - an unreasonable refusal to mediate a dispute, including ignoring a request to mediate, now has real implications for the recovery of costs even if a party is otherwise successful at trial. This puts mediation high on the agenda for dispute resolution in the UK. This is a continuing trend that I think will increase in momentum with growing support for mediation both in the judiciary and in the international business community.” “I believe passionately in the benefits of mediation and will continue to build on the success that Gill Mansfield Mediation has achieved to date.”
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Fact File “I believe passionately in the benefits of mediation and will continue to build on the success that Gill Mansfield Mediation has achieved to date.” Company: Gill Mansfield Mediation Name: Gill Mansfield Email: enquiries@ gillmansfieldmediation.com Web: www.gillmansfieldmediation.com Telephone: UK - 0844 332 1725 International - + 44 844 332 1725 Fax: UK - 0844 332 1726 International - +44 844 332 1726
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Mining Disputes Law Firm of the Year: Kazakhstan
Michael Wilson & Partners, Ltd. MWP believes that commitment to understanding the commercial needs of our clients was the single most important contributor to the firm’s success.
“Our clients confirm that its unique selling proposition is well defined: MWP’s brand is widely associated in the market with a wealth of experience, expertise and deep understanding of the CIS region and especially Central Asia. MWP is a truly independent, yet international, full service law firm. Being present in the Central Asian Region since 1998, it has a distinct track record from which sets us apart from our competitors and allows our clients and prospective clients to understand the firm’s experience and expertise.
In the heat of dispute battle, it becomes easy for the lawyers, concerned with preserving their client’s rights, to inadvertently contribute to the entrenchment of the parties. Many of our dispute resolution clients are also our corporate clients, which helps maintain MWP’s commercial focus on the best interest of the client taken holistically. 19% of all our cases are resolved without the need for a final court or arbitration decission. Although highly advisable, very few cases settle at the pre-action stage.
MWP maintains continuous relationship with its clients, trying to foresee the need for its services and proactively offer advice, which reassures the client that its interest are taken care of at all times.
It usually takes the parties to reach the disclosure and inspection stage before the dispute becomes ripe for settlement negotiations. In a recent arbitration case, an amicable settlement was achieved in the actual course of the hearing. In many cases, however, litigating/arbitrating is the only option.
CIS-related dispute resolution has seen new developments in the recent period, such as the ICSID tribunal criticising the corruption practice in Uzbekistan and refused to hear a claim as contrary to transnational public policy, or the Russian government announced new measures, including a draft new arbitration law, that would re-patriate high-level commercial disputes of Russian individuals and their companies, which are at present commonly arbitrated and litigated abroad. Navigating around the lack of international treaties for recognition of court orders and judgments is made more difficult by the practice of a number of CIS countries to create unnecessary obstacles to enforcement of foreign arbitration awards. In the commercial world time is always of essence. From the moment we receive instructions to act we explain comprehensively the benefits of prompt resolution which would spare the time of the clients’ management and the inevitably irrecoverable fraction of costs, and potentially salvage the relationship between the parties.
We see this especially in civil fraud cases, where asset tracing is obscured, disclosure usually resisted and crucial documents withheld or destroyed, which prevents claimants from seeing even the glimpse of the full picture. In complex cross-border disputes the use of new technologies is extremely beneficial to cost and time economy, particularly at the stages of disclosure and discovery. Often the complexity of a case necessitates initiation of disclosure proceedings in different jurisdictions, which result in enormous quantities of disclosed documents, sometimes deliberately irrelevant and duplicative as part of litigation tactic. MWP uses the most modern software solutions to minimise the time spent and billed to the client for dealing with such documents, whilst maintaining the highest level of attention to detail.”
panorama of high mountains of Bayankol gorge in Central Tien Shan, Kazakhstan
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Fact File “MWP’s brand is widely associated in the market with a wealth of experience, expertise and deep understanding of the CIS region and especially Central Asia. MWP is a truly independent, yet international, full service law firm.” Company: Michael Wilson & Partners, Ltd. Name: Mr M E Wilson Email: info@mwp.kz Web: www.mwp.kz Address: 5, Al-Farabi avenue, Business Centre Nurly Tau, Building 1A, the 7th Floor Telephone: 7 727 258 48 90
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Astana Kazakhstan
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Employment & Labour Dispute Specialist of the Year: Germany
Naegele Kanzlei für Arbeitsrecht Sebastian Frahm is a restructuring specialist at Naegele. He speaks to Acquisition International about his work in the dispute resolution industry.
“I am a lawyer, because I feel needed in this vocation,” explains Sebastian Frahm. “My clients’ welfare provides me with a constant motivation in my role.” Dr. Sebastian Frahm is a restructuring specialist at Naegele, based in Stuttgart, Germany. Frahm advises companies on complex changes to company law reference. Born in Freiburg in 1974, Frahm studied law in Tubingen and Cologne, as well as gaining a PhD in labour law for Betriebsteilubergang. He began his law career at Kuttner before moving to Shearman & Sterling LLP, and finally to Naegele in 2007. Sebastian is a member of the European Employment Lawyers Association, as well as a member of the Board’s charity, Future4Kids eV, of which he is also the founder. He explains more about the firm: “We provide expert advice at the highest level. Nationwide, we represent large and small businesses, corporations and associations, boards of directors, managing directors, supervisory board members and senior managerial staff. A particular concern is the forensic work in the courts and in proceedings before the conciliation board for us. “We also represent people and social interests. Good academic work is one side of our work, the other is social skills. We are serious about social responsibility. Therefore, we understand not only social and cultural institutions, but we can also put our personal mark on various projects, such as our charity endeavours.” Naegele advises and assists business in the following areas of expertise: • Restructuring, reorganisation and all related tasks. • Reconciliation of interests and social plan negotiations. • Legal issues at company level with the works and staff councils. • Collective bargaining and industrial disputes. • Pay system and working time model development. • Complex social security issues around employment and occupational pensions. • Safe legal denunciation of employment and the conclusion of termination agreements. • Individual legal issues of disadvantage and discrimination. For directors, managing director and board members: • Develop compliance rules reflect and take care of value exceeded limits. • Clarification of liability issues and processes. • Creation of contracts and claims assistance. Recently, Naegele, and in particular Sebastain, was awarded a prestigious Dispute Resolution – 2014 accolade for its work in Germany. The award winners were voted for by Acquisition In-
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ternational magazine and is clear validation of the firm’s culture and approach. Sebastian believes that it was Naegele’s strength of purpose helped win this award, and states that he has been striving to actively develop the practise. “We have taken measures to enhance the skillsets of our already-talented employees, but moreover we always keep a careful watch of what our competitors are doing.” It’s safe to say that client loyalty plays a large part in staying ahead of the game, especially in such a competitive industry, but Dr Frahm ensures us that Naegele always rises to the challenge and employs defensive measures to ensure its protection against rivals. “We aim to build and maintain a professional, but also tight relationship,” he says. “Some may even say, a friendship, with our clients.” The dispute resolution landscape is one which is ever-changing and evolving, but Sebastian insists that Naegele’s approach in its structure and core service offerings is key in this industry. “The desire to settle cases is higher than it previously was and this is sometimes really challenging, especially if you are aiming for a good financial result, which in inevitably, we always are.” Sebastian continues to explain how he has experienced a much greater shift in the desire to try and settle disputes out of the courtroom, wherever possible, in his jurisdiction and he states that Naegele sees between 50-60% of cases end in this resolution. “However,” he says, “litigation is still the only option in many many cases and, in particular, we have recently seen the public and health sector to be the most litigious.” But, as international economies begin to regain pace, there has been a huge increase in activity levels, such as the automotive supply sector. Brand, it appears, is everything to Sebastian and Naegele, and the firm places a lot of emphasis on its brand awareness. Recently, Naegele celebrated its 10th anniversary and Sebastian is delighted that the Dispute Resolution – 2014 award coincided with this. “Brand is very important to us, and to our clients too,” he enthuses. “But we believe that our USP is clearly articulated, understood by the market and it differentiates us from the competition. This, of course, being our unique and dedicated team, our good performance in the courtroom and our exemplary negotiation skills.”
Fact File “We aim to build and maintain a professional, but also tight relationship,” he says. “Some may even say, a friendship, with our clients.” Company: Naegele Law Firm Name: Sebastian Frahm Address: Rotebühlplatz 8 70173 Stuttgart (BadenWürttemberg) Email: kanzlei@naegele.eu Phone: 0711/253584-0 Fax: 0711/253584-9
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Schillers square by night, Stuttgart, Germany
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Financial Services Disputes Law Firm of the Year: the UK
Rosling King LLP Melissa Padoa is a partner at Rosling King LLP. Here, she talks to Acquisition International about winning UK Financial Services Disputes Law Firm of the Year.
Partner Melissa Padoa explains not only how delighted Rosling King is to win the award, but also what she attributes the firm’s success to. “Winning this award is a great honour and a wonderful way to highlight the achievements of our Dispute Resolution Team,” she begins. “Our success is, without a doubt, down to our people. We have a highly experienced team, headed up by Georgina Squire, who has specialised in dispute resolution since the 1980s. Many of our lawyers are members of specialist legal and industry associations. We are widely regarded as experts in the fields in which we operate and we generally work in client based teams, which means that we can handle repeat work for clients, where appropriate, although there are no rigid departmental walls. The team working on a client’s business will be selected from whoever has the most relevant expertise. It is a holistic approach that gives our clients the right people for the job. Everyone on the team knows what everyone else is doing, and saying. That includes our clients. (We regard them as being part of the team too).” The success of this award is clear validation of Rosling King’s culture and approach and Padoa goes on to tell how the firm works to develop itself. “At Rosling King we encourage all our lawyers to handle our work on a bespoke basis and this means that we really pay attention to the client’s individual needs. This is the key to our success and the cornerstone of our longstanding relationships with many of our clients. “Georgina Squire and the other partners have developed the Dispute Resolution practice with care and foresight, ensuring that the firm has not only survived the massive economic downturn over the last few years but has in fact flourished. We believe that we have excelled over the years because of our continued quality of advice, and high standards, ensuring client satisfaction.” Client loyalty is tested by the competition now more so than ever before and Padoa explains how Rosling King retains its strong customer base. “We believe that good results encourage client loyalty. Our experience in dispute resolution means that we litigate with drive but also understand the commercial reality of disputes and wherever possible, seek to resolve claims amicably and cost effectively. We consistently achieve outstanding settlements for our clients and where trial cannot be avoided, are generally achieving excellent results and cost recoveries in Court.
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“We also understand that it is important to have the necessary expertise and experience to look after our clients properly therefore we place a huge amount of importance on training. We add value for our clients too by offering tailored training seminars and workshops to help them understand and identify potential claims at an early stage, as well as other subsidiary services.”
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Globally there has been a shift to try and settle disputes out of court wherever possible, as Padoa adds: “At Rosling King we always try and settle without recourse to the Court as this is generally to the best of all our clients. The majority of our cases are settled within Protocol periods, meaning that our clients avoid the costs and delays occasioned by cases being issued and ultimately brought to trial.
“Winning this award is a great honour and a wonderful way to highlight the achievements of our Dispute Resolution Team.”
“The Jackson reforms which came into effect in April 2013 have created a new landscape for litigation, especially from the point of view of costs and funding. The main change was expected to be a costs management regime, but in practice, the consequences of the reforms have been far wider reaching, leading to a zero tolerance attitude of the courts. We acted for Webb in one of the leading cases reinforcing the attitude of zero tolerance, namely Webb Resolutions Limited v E-Surv Limited [2014], where the Court set aside a grant of permission to appeal because the request was not filed within the prescribed period of 7 days. We believe that now, more than ever, it is essential for clients to instruct specialist litigation lawyers who can handle the dispute out of Court, or in Court if absolutely necessary.” As international economies start to regain pace, Rosling King has noticed a change in activity and demand. “We are really noticing an improvement in the economy, we are having to grow with demand and we are currently taking on more office space. “Although we are still receiving instructions from insurers, lenders and companies to act on claims arising from the financial crisis of 2007, and expect this work to continue for some time, we anticipate that we will see more regular, one-off litigious predicaments in the years to come. “Unfortunately, a healthy economy does not safe-guard companies from dispute situations and we are confident that there will always be a demand for lawyers with a good reputation in this field, whatever the economic climate.” Padoa is also very aware of how important the Rosling King brand is, and explains how the firm works to retain its reputation for excellence.
Company: Rosling King LLP Name: Melissa Padoa Email: melissa.padoa@rkllp.com Web: www.roslingking.com Address: 10 Old Bailey, London EC4M 7NG Telephone: (+44) 20 7246 8000
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“We recently totally revamped our website and we are in the process of developing a great deal of useful content to enable viewers to access top quality articles, opinions and videos on everything from case law updates to current affairs. However, brand is not just about logos and ‘bells and whistles’ websites, it is about a company’s ethos and what they would like to communicate to their stakeholders” “Here at Rosling King, we believe that clients take strength from our experience”.
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DISPUTE RESOLUTION 1 0 0
Dispute Resolution 100 - Litigation
Competition Litigation remains one of Addleshaw Goddard’s real strengths. We have one of the largest competition teams in the UK, which include over 20 specialists including a solicitor advocate. We also have an accredited and trained mediator. With expertise across the full range of competition issues, we have particular experience and an enviable track record in relation to all aspects of Competition Litigation. For decades, our partners have been actively litigating competition law disputes - breaking government sanctioned restrictive practices; defending companies implicated in cartels; and recovering £multi-million damages for those harmed by anti-competitive conduct. Our partners have conducted competition damages actions before the High Court, the Competition Appeal Tribunal (CAT) and in mediations. Addleshaw Goddard LLP 100 Barbirolli Square Manchester M2 3AB United Kingdom DX 14301 Manchester Tel: +44 (0)161 934 6000 Fax: +44 (0)161 934 6060
Dispute resolution lawyers throughout our international network represent global businesses on litigation, arbitration, mediation and regulatory matters. We also have broad experience in corporate risk management and conflict management, advising senior level board members and executives of substantial corporates and banks. We provide a comprehensive service in most of the world’s major countries and have dealt with many of the problems generated by changes in the financial marketplace. Our global network includes many experienced former prosecutors, enabling us to represent clients effectively in the most difficult and sophisticated government investigations. We actively pursue all avenues of dispute resolution available and advise clients on choosing the method most appropriate to them. Our main priority is to resolve disputes quickly and effectively with as little disruption to business as possible – recognition of this is central to how we approach any matter.
Ashurst’s clients benefit from the firm’s wide experience of resolving disputes in many business sectors, our expertise in the dispute resolution process and our unwavering focus on our clients’ business needs. Our lawyers are experts in the conduct of litigation, arbitration and alternative dispute resolution. We work with some of the world’s leading organisations to resolve their complex, high profile, commercial disputes. We take a strategic approach to dispute resolution. We focus on the issues that matter to clients and how the dispute resolution process can be managed to deliver the optimum result for the client. Ashurst Broadwalk House 5 Appold Street London EC2A 2HA UK Tel: +44 (0)20 7638 1111 Fax: +44 (0)20 7638 1112
Allen & Overy LLP Apollolaan 15 1077 AB Amsterdam PO Box 75440 Amsterdam 1070 AK Netherlands Telephone Number+31 20 674 1000
Recognized as one of the top litigation groups in the world, Cleary Gottlieb provides clients with creative and result-oriented litigation and arbitration counsel in matters ranging from major commercial disputes to sensitive internal, regulatory or criminal investigations. As a firm with established roots and experience worldwide, we handle local matters as well as multijurisdictional disputes. We are equally at home representing an African sovereign in an International Chamber of Commerce arbitration as we are defending a leading financial institution in U.S., UK, French, German or Italian courts. Cleary Gottlieb Steen & Hamilton LLP 12, rue de Tilsitt 75008 Paris T: +33 1 40 74 68 00 F: +33 1 40 74 68 88
Our global network provides an exceptional platform for handling major cross-border disputes and in recent years we have helped our clients to achieve success in some of the most complex international disputes and investigations. We offer a seamless, integrated service across our network of offices for cross-border disputes and investigations, with expertise in individual jurisdictions but also an understanding of the interplay between different legal systems and regulations. Clifford Chance’s global Litigation & Dispute Resolution practice has around 500 lawyers based in the UK, Continental Europe, the Middle East, Asia Pacific and the United States. Clifford Chance 10 Upper Bank St, City of London, Greater London E14 5JJ 020 7006 1000
As a leading litigation firm our lawyers deal with company-related issues on a day-to-day basis. Our commercial litigation team predominantly acts for large corporate and plcs, advising them on a wide spectrum of disputes – from big ticket litigation and arbitration to smaller, though nonetheless, important, commercial disputes. We understand the need to give straight-forward commercial advice within the context of the whole business. Emotions can run high in company-related disputes and we appreciate that a calm, analytical approach, focusing on practical legal points is required. Often, prolonged litigation suits no-one, particularly when there is a commercial relationship to preserve. Clyde & Co LLP The St. Botolph Building, 138 Houndsditch, London, EC3A 7AG. (for postal service, use EC3A 7AR) DX:160030 Lime Street 5 T: +44 (0) 20 7876 5000 F: +44 (0) 20 7876 5111 E: info@clydeco.com
Our team of commercial dispute resolution lawyers includes a broad mix of litigators experienced in project managing large commercial disputes, across a wide variety of industry sectors and in a range of commercial businesses. We are able to offer clear and concise advice on a full range of issues from contractual disputes and joint venture agreements to professional negligence claims, fraud and privacy and defamation actions. At BLP, we consistently strive to develop innovative solutions for our clients. From the outset we, when appropriate, provide our clients with a cost effective advocacy capability utilising our barristers and team of 21 solicitor advocates, in order to advise clients from the receipt of instruction through to trial, working together to agree strategy and tactics, prepare the case and finally present in court. When external barristers are preferred or desired, we have extremely good relationships with leading Counsel throughout the London Chambers. Berwin Leighton Paisner LLP London, Adelaide House Adelaide House London Bridge London United Kingdom EC4R 9HA Tel +44 (0)20 3400 1000
Business today can be a risky endeavour. You may find yourself confronted by a commercial or corporate dispute, whether it be a falling out with a joint venture partner, a shareholder who claims the company is being run in a manner prejudicial to its interests, a supplier who will not fulfil its obligations under a contract or a warranty/indemnity claim following a merger or acquisition. Our commercial litigation team has the knowledge, skill set and experience to help you deal with the challenges posed by the full range of commercial and corporate disputes. Our disputes resolution experience makes us ideally placed to advise you on contractual and risk management issues that your business may be facing. We have a proven track record of providing practical and commercial advice to a wide range of clients at all stages of the dispute relation process from drafting dispute resolution clauses during pre-contractual negotiations, through to obtaining emergency injunctions in situations where assets may be at risk, to litigating complex multi-jurisdictional disputes and enforcing judgements and recovering assets. CMS Cameron McKenna Mitre House 160 Aldersgate Street London EC1A 4DD T: +44 (0)20 7367 3000 F: +44 (0)20 7367 2000
www.acquisition-intl.com
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Dispute Resolution 100 - Litigation
Globalization of world markets has brought limitless commercial opportunities. However, it has also increased the potential for legal liability by exposing corporations around the world to financial and reputational risk across multiple jurisdictions. Mitigation of those risks requires early engagement with experienced lawyers who understand the cultural as well as the legal and regulatory landscapes but who will also drive relentlessly to deliver results for their clients when a dispute or regulatory intervention is unavoidable.
Guenther J Horvath is a partner and head of the International Arbitration Group in the Vienna office of Freshfields Bruckhaus Deringer. He specialises in international commercial arbitration with a primary focus on energy matters and corporate disputes as well as industrial engineering. With over 35 years’ experience as a lawyer he has excellent technical, procedural and interpersonal skills developed when acting as a counsel, chairman and party-appointed arbitrator in well over a hundred high-profile disputes.
DLA Piper’s global team of more than 1,400 disputes and regulatory lawyers is the largest dedicated disputes practice globally. We have the local knowledge to apply the regulatory, economic, political and cultural context to legal issues and develop case strategies. We regularly handle technically challenging and complex multi-jurisdictional matters. Our global reach allows us to provide you with fully integrated teams and consistent quality wherever you do business.
Dr. Günther J. Horvath Freshfields Bruckhaus Deringer LLP Seilergasse 16 1010 Vienna Austria T +43 1 515 15 305 F +43 1 515 15 405 www.freshfields.com
Through integrating our leading litigation capability with Herbert Smith Freehills’ other practice areas, we provide a unique full-service offering to clients. The breadth and scale of our practice enables us to act simultaneously on a number of cases at any one time and quickly draw together large teams in response to client needs. We advise clients in every industry sector, ranging from multinational corporations and major financial institutions through to governments and high-profile individuals. We regularly advise on potentially contentious aspects of major corporate and financial transactions.
Our Litigation & Arbitration practice has a long track record of achievement in complex, high stakes, international disputes. With more than 700 lawyers based in 40 offices worldwide, we bring exceptional industry knowledge and provide leading edge advice. Because our lawyers are leaders in their local jurisdictions and function across offices as one team, we are positioned to deliver both local insight and global perspective to meet our clients’ interests in multi-jurisdictional matters. Our worldwide excellence and commitment to our clients is reflected in the top rankings we earn from leading legal directories and third parties.
We offer commercially focused and practical solutions for complex disputes affecting our clients’ interests across industries, geographic locations and jurisdictions, including cross-border matters at the intersection of domestic and international legal orders.
Hogan Lovells US LLP 875 Third Avenue New York, NY 10022 USA Phone +1 212 918 3000 Fax +1 212 918 3100
Herbert Smith Freehills LLP Central Plaza Rue de Loxum 25 1000 Brussels Tel +32 2 511 7450 Fax +32 2 511 7772
In an environment where regulation and its enforcement will only increase, we recognize that effective compliance and avoidance of regulatory intervention are business critical issues. DLA Piper UK LLP 3 Noble Street London EC2V 7EE United Kingdom T: +44 (0) 8700 111 111 F: +44 (0) 20 7796 6666
Jones Day’s Global Disputes Practice offers clients a comprehensive international footprint with lawyers qualified before jurisdictions throughout the worldwww.jonesdayconstruction.com and prepared for any dispute, from jury trials before domestic courts to international arbitration, from complex commercial litigation cases to criminal or administrative proceedings. Our lawyers deliver deep legal and industry experience, and our track record contributes to our impressive reputation for successful dispute resolution wherever disputes arise. Jones Day 222 East 41st Street New York, New York 10017-6702 (T) +1.212.326.3939 (F) +1.212.755.7306
Litigation and dispute resolution clients come to King & Wood Mallesons SJ Berwin to solve their business critical disputes quickly and efficiently. An essential part of our approach to understanding their commercial drivers is listening. It means when we apply our expertise in court, in arbitration and across jurisdictions, the outcome is a win for the business. It makes us strategic problem solvers too. A truly international practice with centres of excellence in UK, Dubai, Germany, France, Spain and Italy, we are able to advise our clients in achieving the best outcome possible: resolving issues and minimising future disputes. King & Wood Mallesons SJ Berwin 10 Queen Street Place London EC4R 1BE England T: +44 (0)20 7111 2222 F: +44 (0)20 7111 2000
Kirkland & Ellis is renowned for its experience in complex litigation and arbitration. The Firm believes that the best litigation results — whether achieved in court or across the bargaining table — occur where the lawyers and client act on the assumption that Kirkland will try the case. Kirkland’s trial-oriented approach is possible because the Firm has a deep bench of senior trial lawyers and an uncommon commitment to training its young lawyers. Kirkland & Ellis LLP 333 South Hope Street Los Angeles, CA 90071 United States Telephone: +1 213-680-8400 Fax: +1 213-680-8500
Lexing is the first international network dedicated to advanced technologies, of which Sébastien Fanti is one of the founders. Lexing allows international companies to benefit from the services of lawyers with skills in information technology law who are recognized in their respective countries. A lawyer in the field of advanced (cloud computing) technologies, Sébastien Fanti operates within the Lexing international network of lawyers. An editor of legal journals (MEDIALEX, Law Journal Information Technologies at the University of Namur) and a member of the Committee on the Rights of the digital rights of the Union Internationale des Avocats, he participated in debates on the future of standards in this area. Lexing Switzerland Sébastien Fanti sebastien.fanti@sebastienfanti.ch Telephone: 0041273221515 – 0041795031515
www.acquisition-intl.com
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Dispute Resolution 100 - Litigation
Linklaters’ dispute resolution lawyers throughout the world have a reputation for succeeding in the most sensitive and complex litigation and arbitration cases. The firm’s primary aim is to help clients, mainly leading multinationals and financial institutions, to avoid litigation wherever possible. When litigation is unavoidable, Linklaters focuses on the commercial objectives of clients, while assessing legal, commercial and reputational risk. The team analyses the negotiating weaknesses of opponents and devises optimum procedural tactics or creative settlement approaches. Linklaters’ dispute resolution lawyers are as familiar with arbitration under all rules as with litigation. They settle disputes for clients in the most appropriate manner, whether by mediation, adjudication or expert determination. Linklaters LLP One Silk Street London EC2Y 8HQ Telephone: (44 20) 7456 2000 Fax (44 20) 7456 2222
Quinn Emanuel Urquhart & Sullivan, LLP is a 650-lawyer business litigation firm -- the largest in the United States devoted solely to business litigation and arbitration. Our lawyers have tried 2247 cases and won 1988, or 88.5%. When we represent defendants, our trial experience gets us better settlements or defense verdicts. When representing plaintiffs, our lawyers have won over $27 billion in judgments and settlements. We have also obtained four 9-figure jury verdicts, thirteen 9-figure settlements, and seven 10-figure settlements. Quinn Emanuel Urquhart & Sullivan, LLP 500 West Madison St., Suite 2450 Chicago, Illinois 60606 tel. +1 312-705-7400 fax. +1 312-705-7401
Mathys Schmid Partner is an established firm of attorneys and notaries with offices at Rittergasse 12, in the heart of Basel, Switzerland. We have gained a reputation amongst a demanding Swiss and international clientele for quality, competence and efficiency. We are a team of experienced and dynamic lawyers licensed to represent clients before all courts of Switzerland. Our main areas of practice are Dispute Resolution and Arbitration, Corporate/M&A, Contract Law, Intellectual Property as well as Restructuring and Insolvency. In case of disputes, we examine whether an out-ofcourt settlement would be advisable and feasible. In a second step, we assess the chances of litigation. If legal proceedings are to be instituted, we defend our client’s position in civil litigation as well as in arbitration proceedings with all due perseverance. We accept nominations to act as mediators, as arbitrators as well as party representatives before national and international courts of arbitration. Mathys Schmid Partner Rittergasse 12 CH-4051 Basel Switzerland Tel.: +41 (0)61 270 99 00 Fax: +41 (0)61 270 99 05 E-Mail: basel@msp-law.ch Website: www.msp-law.ch
Mayer Brown International LLP 350 South Grand Avenue 25th Floor Los Angeles, CA 90071-1503 United States of America T+1 213 229 9500 F+1 213 625 0248
Staying competitive locally and internationally, while managing and mitigating risk, are the key challenges to businesses operating in an ever-changing environment. Global commerce has inevitably led to global disputes. With more than 800 knowledgeable, skilled and focused litigation lawyers in our offices throughout the United States, Europe, the Middle East and Asia, Reed Smith has the experience and capabilities to meet these challenges.
Simmons & Simmons’ international financial markets litigation group focuses exclusively on contentious work for financial institutions. Members of the group work alongside our noncontentious and transactional financial markets lawyers and have constant exposure to the business of financial institutions. As a result, they are not only first class contentious lawyers but have a real understanding of the financial markets and the needs of financial institutions.
We are trusted legal advisers to leading international businesses around the world, helping clients navigate the complexities of operating in this fast-paced and constantly evolving marketplace. Our clients include financial services firms, insurers, life science companies, health care providers, retailers, media companies, technology companies and entrepreneurs, energy companies, transport and logistics operators, communications companies, manufacturers, universities, nonprofits, real estate developers, and municipalities, that rely on our experienced global litigation team for their most complex and high-stakes litigation matters.
Our practice reflects the firm’s non-contentious financial markets practice. We therefore work mainly on high value, complex matters for investment banks, clearing banks, investment and fund managers, securities houses, commodities and futures brokers and dealers, general insurance and life assurance companies and other financial institutions operating in the international financial markets.
Reed Smith LLP Three Logan Square 1717 Arch Street, Suite 3100 Philadelphia, PA 19103
www.acquisition-intl.com
The lawyers in our Commercial Litigation practice have represented clients in virtually every type of business and commercial dispute. Our practice is built on the experience and skill of our trial lawyers. We have represented our clients in jury and bench trials across the Americas, Europe and Asia. We have handled dozens of commercial arbitrations and administrative hearings. Our lawyers take pride in their ability to move quickly and mobilize a team at a moment’s notice to handle emergency litigation, whether it be a TRO, a preliminary injunction or an emergency appeal. We have the ability to assemble teams that include lawyers from across the world with extensive experience in their local courts. And no other firm can offer a litigation practice that is so strongly supported at every step by the lawyers of our nationally renowned appellate practice and a group that specializes in e-discovery.
Simmons & Simmons CityPoint One Ropemaker Street London EC2Y 9SS United Kingdom T +44 20 7628 2020 F +44 20 7628 2070
We advise many of the world’s largest corporations and financial institutions on complex, high-value and sensitive multi-jurisdictional disputes. Our team of dispute resolution lawyers in London provides an integrated and high quality service to all our clients. With experience in managing multi-jurisdictional litigation and international arbitration across all industry sectors, our lawyers both prevent and resolve disputes by giving practical, creative advice that focuses on our clients’ strategic objectives. We have particular strength in financial institutions; energy; infrastructure, mining and commodities; transport; technology and innovation; and life sciences and healthcare. We recognise that each dispute is governed by a unique set of variables, sensitivities and, most importantly, commercial factors. Norton Rose Fulbright LLP 3 More London Riverside London SE1 2AQ United Kingdom
Our first class litigation and dispute resolution skills, coupled with our leading-edge competition law expertise, enable us to handle complex competition litigation matters. Our Competition Litigation group of cross-disciplinary specialists comprises lawyers from our Competition and Dispute Resolution practices. It is made up of eight partners and an adviser on regulated industries, Christopher Wright. Together, we have extensive experience in appeals against decisions of competition and regulatory authorities. We act in competition litigation before English and other national courts, the General Court and the Court of Justice. We are at the cutting edge of the current increase in private actions, acting in ground-breaking competition litigation before the English and European Courts. We also coordinate cross-border antitrust litigation strategies with the practices of our ‘Best Friends’ in other major jurisdictions. Slaughter and May Square de Meeûs 40 1000 Brussels Belgium T +32 (0)2 737 94 00 F +32 (0)2 737 94 01
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Our award winning litigation practice has a leading reputation in the market. We have a track record for advising clients on their most complex and difficult disputes - and have over the years acted on many of the largest cases in the courts and tribunals. We handle all aspects of litigation and arbitration, including financial and banking disputes, recovery and insolvency, professional indemnity, intellectual property, information technology, construction and engineering, fraud and asset tracing, property disputes, trust litigation and business investigations and regulation. We are highly respected among our peers. In addition to the firm’s own clients, we are frequently referred work by top international law firms when they are faced with conflict situations. Stephenson Harwood Level 6, Units 628-629 China World Office 1, No.1 Jianguomenwai Avenue, Beijing 100004, PRC. China T +86 10 65052477 F :+86 10 65052491
Disputes are both commonplace and highly disruptive. They can also be very costly. That’s why we believe in the importance of alternative dispute resolution mechanisms – they resolve disputes more quickly and keep costs to an absolute minimum. But it’s not just about resolving disputes when they arise. We also work with clients to ensure systems are in place that will minimise the risk of litigation happening in the first place. However, where litigation or arbitration ensues, our Litigation and Dispute Resolution practice has extensive experience of successfully resolving increasingly complex and high value commercial disputes across a wide range of sectors worldwide. In addition to our areas of expertise listed below, our lawyers have expertise in contentious trusts, professional negligence, product liability, and claims against directors, shareholders and investors.
Our litigation experience covers a wide range of business sectors and legal practice areas in the commercial sphere, including intellectual property and patent disputes, banking and insolvency litigation, professional negligence claims, disputes arising from the acquisition of businesses or companies, property and construction cases, trust and pensions litigation and financial services disputes. The broad spread of our commercial litigation practice and the strength of our reputation is such that we regularly attract instructions in high value claims not only from major UK entities (particularly banks and other financial institutions and major UK corporates) but also, increasingly, from international clients who wish to pursue claims through the English courts. Travers Smith LLP 21, place de la Madeleine 75008 Paris T: +33 1 43 12 53 00 F: +33 1 43 12 53 09
The firm has a robust commercial litigation and dispute resolution practice that handles matters and disputes across our core Practice Areas all over Nigeria and where required, we also advise on issues for determination in matters before courts and arbitral panels in the United States of America, the United Kingdom and other countries. Wherever possible, we encourage our corporate and commercial clients to resolve their disputes without resort to litigation or arbitration. Uzoma Azikiwe is a Partner and the head of the firm’s litigation, arbitration and alternative dispute resolution team. He provides advice in maritime, aviation, employment and energy matters, and his specialisations include advising multinationals on oil, gas and environmental matters, the provision, manning and maintenance of vessels, cabotage issues, telecommunications, construction, administrative and constitutional law. St Nicholas House, (10th & 13th Floors), Catholic Mission Street, Lagos, P.O.B. 53123 (Ikoyi), Nigeria. Tel: +234 1 4622307-10, 8970622, 7467733 Fax: +234 1 4622311 Web: www.uubo.org E-mail: uzoma.azikiwe@uubo.org
Taylor Wessing LLP 5 New Street Square London EC4A 3TW United Kingdom DX 41 London Tel. +44 (0) 20 7300 7000 Fax. +44 (0) 20 7300 7100
WEITBRECHTLAW From standard commercial litigation to complex strategic disputes with substantial amounts at stake, from national courts to international arbitration, Weil & Associés has successfully acquired a broad range of litigation skills. Transparency is key and there is no room for surprises. We therefore believe that it is important that you are confident you are in good hands by keeping you spontaneously updated from start to finish at every step of the trial. Having represented clients in trials since 1974, our litigators have a strong litigation and arbitration experience. They have a long-standing and sound knowledge of the formal subtleties that sometimes allow defending a case without even addressing the merits before court. We know how a matter should be presented to the courts or an arbitration tribunal and our expertise as litigation lawyers is recognized by these authorities. Weil & Associés 26, Avenue de la Grande Armée, 75017 Paris, France info@weil-paris.fr weil-paris.fr Tel: +33 (0)1 44 15 98 98 Fax: +33 (0)1 44 15 98 99
Private Damage Claims Companies that have been damaged by an illegal cartel are obliged by corpo-rate law to pursue credible claims. In most cases it makes sense for claimants to form an alliance with others who are similarly damaged by the same cartel. WEITBRECHTLAW assists in the resolution of these claims using, wherever possible, multiparty arbitration and mediation. WEITBRECHTLAW Prof. Dr. Andreas Weitbrecht Rechtsanwalt Bundeskanzlerplatz 2-10 D - 53113 Bonn aw@weitbrechtlaw.com www.weitbrechtlaw.com Tel: +49 228 2673 460 Fax: +49 228 2673 203
The world’s leading financial institutions, largest corporations, sovereign governments, executives and directors turn to our Global Commercial Litigation Practice for their most significant litigation matters. With a global team of more than 700 dispute resolution lawyers worldwide, the Practice has genuine depth and local law capability that few other major firms can match. Our Practice includes our highly-rated litigators and regulatory practitioners experts across the United States (based in New York, Washington, D.C., Los Angeles, the Silicon Valley and Miami), ensuring that any exposure across your operations is handled by one team. In Europe and Asia, our team of more than 330 practitioners has significant and wide-ranging experience in litigation at all levels before national courts and judicial tribunals throughout these regions and before the European Courts in Luxembourg.
Trial skills matter—even in a world where few disputes ever see the inside of a courtroom. Winston & Strawn has built a reputation as a trial lawyers’ firm. Our litigators are fully prepared to defend our clients’ interests in court, both in the United States and around the world. From compliance counseling to mediation, settlement negotiation, motion practice, trial, and appeal, Winston offers a full-service litigation practice capable of meeting our clients’ business and legal objectives, whatever they may be. Our litigators are some of the most seasoned in the industry, bringing extensive courtroom experience to every matter our firm handles. Winston & Strawn LLP 35 W. Wacker Drive Chicago, IL 60601-9703 +1 (312) 558-5600 +1 (312) 558-5700
White & Case LLP 1155 Avenue of the Americas New York, New York 10036-2787 United States
www.acquisition-intl.com
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Dispute Resolution 100 - Arbitration
In today’s global marketplace, disputes are growing in number and complexity. Businesses are facing intense competition and must manage the risks and challenges in doing business locally and internationally. Higher accountability standards and tighter regulatory scrutiny increase exposure and vulnerability. We are uniquely positioned to help you navigate these complexities with confidence, while achieving your strategic and commercial objectives. At Baker & McKenzie, you have access to one of the largest and most recommended Dispute Resolution practices in the world. Our practice includes more than 750 locally qualified practitioners, including many lawyers recognized as leaders in dispute resolution. Chambers Global ranks our practice in 32 countries/regions and we are also recognized as a leading firm in the area of cross-border disputes and international arbitration. Baker & McKenzie LLP Hutchison House 14th Floor, Hutchison House 10 Harcourt Road, Central Hong Kong SAR
ADR is often required by a court or by the dispute resolution clause contained in the parties’ agreement. While ADR started in the areas of family law and workplace conflicts, it is becoming increasingly popular in the business world. In fact, ADR has grown exponentially in recent years as companies worldwide have pursued alternatives to costly and time-consuming litigation and arbitration. Many of our attorneys also work as mediators, gaining valuable insights that they use when they counsel clients through the ADR process. Our track record provides our clients with the means to resolve disputes often before the first pleading has to be filed. When an investigation or case involves publicity, our lawyers have unique experience understanding how to handle cases with legal, media and market issues. Chadbourne & Parke LLP 30 Rockefeller Plaza New York, NY 10112 United States of America +1 (212) 408-5226
DAC Beachcroft has market-leading insurance dispute resolution expertise. We are specialists in all forms of international and domestic dispute resolution including litigation at all levels, arbitration and all forms of alternative dispute resolution (ADR) with particularly extensive experience of mediation.
In addition to traditional litigation, our lawyers have a wealth of experience in alternative dispute resolution. We strive to gain an understanding of our clients’ business and legal needs in order to resolve disputes efficiently and expeditiously. At times, the best solution involves cost-effective alternatives to traditional litigation.
We handle cases across the UK, Europe, Latin America, the Middle East and Asia-Pacific. We assist clients in all industries, but are particularly well known for our insurance sector expertise.
The attorneys in our Alternative Dispute Resolution Practice are experienced in both national and international arbitration, mediation and private negotiation. We also counsel clients who wish to establish alternative dispute resolution programs and provide specialized training for those responsible for implementing them. Alternative dispute resolution techniques have been applied in a variety of practice areas including commercial, employment, environmental and product liability.
Disputes are a fact of corporate and commercial life, but at DAC Beachcroft, we stand by you every step of the way. We do everything we can to help you achieve the best commercial outcome, minimising costs, damage and disruption to your business and (in liability cases) ensuring the best outcome for your insured. DAC Beachcroft LLP 3 Minster Court Mincing Lane London EC3R 7DD T +44 (0) 20 7894 6800 F +44 (0) 20 7894 6801
Edwards Wildman Palmer LLP 111 Huntington Avenue Boston, MA 02199-7613 Tel +1 617 239 0100 Fax +1 617 227 4420
One Pacific Place 23rd Floor, One Pacific Place 88 Queensway Hong Kong SAR China T +852 2846 1888 F +852 2845 0476
Our market-leading international arbitration group is composed of over 120 specialists based in the key international arbitration centres, including Dubai, Frankfurt, Hong Kong, London, Moscow, Paris, Singapore, the US and Vienna. Currently, we manage a caseload of over 200 claims, which span the globe and are being conducted under various arbitration rules. We advise clients in institutional and ad hoc proceedings involving energy and natural resources, telecoms, financial services, construction, joint ventures and sports. In addition to our experience in commercial arbitration, we also have a very significant practice in investment disputes, arising from multilateral and bilateral investment treaties and in disputes between states. Our team includes some of the world’s most prominent arbitration practitioners, who hold high-profile positions in the major arbitration institutions, governmental organisations and professional associations. Senior members of the group regularly accept appointments as arbitrators, and therefore are particularly well qualified to advise our clients on the optimal arbitration strategy for their cases, including the appointment of arbitrators. Freshfields Bruckhaus Deringer 65 Fleet Street London EC4Y 1HS Tel: +44 207 427 3023 Fax: +44 207 108 3023 Website: www.freshfields.com
www.acquisition-intl.com
An integral part of the Firm’s dispute resolution capabilities is the International Arbitration Practice, which advises leading multinationals in arbitration proceedings across the world. Our lawyers are ranked as leaders in major directories, including Chambers Global and UK and PLC’s Which Lawyer?, and are frequent speakers and writers on arbitration topics. They have experience working with all major arbitral institutions and rules. Gibson, Dunn & Crutcher LLP Telephone House 2-4 Temple Avenue London EC4Y 0HB United Kingdom Tel: +44 (0) 20 7071 4000 Fax: +44 (0) 20 7071 4244
Our international arbitration group comprises litigation lawyers and experienced arbitration practitioners from across our international offices and our specialist industry sectors including oil and gas, financial services, healthcare and pharmaceuticals, international insurance and reinsurance (including Bermuda Form arbitration) and construction and engineering. As international arbitration becomes the preferred form of dispute resolution in transnational commercial transactions our lawyers are experts in dealing with international arbitrations seated in major arbitral centres, including London, Paris, Dubai, Singapore and Hong Kong and under the procedural rules of the ICC, LCIA, UNCITRAL, SIAC, DIAC, AAA, JAMS and LMAA. Lawrence Graham LLP 4 More London Riverside London SE1 2AU United Kingdom T: +44 20 7379 0000 F: +44 20 7379 6854 E: info@lg-legal.com
“We get consistent feedback that our dispute resolution capability is one of our ‘USPs’ and for this reason, we continue to invest in it and look for ways in which we can use it to provide us with ‘competitive leverage’.” Andrew Meyler, Chief Executive of 12KBW – read more on page 10
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In today’s increasingly competitive and regulated world disputes have become a fact of business life. Recession has aggravated this for the simple reason that economic pressures lead to the break down of business relationships: When money is tight and access to liquidity is scarce, contentious issues rise to the surface. Difficult decisions have to be made about whether to maintain relationships with business partners, whether it remains viable to commit to an ongoing obligation or whether short term needs outweigh longer term planning. We have seen a steady rise in the number and size of commercial disputes from previous years; a trend set to grow as the disputes arising out of the credit crunch come to be determined in London and beyond. When disputes do arise, the stakes are invariably high for all parties, with not only significant financial issues at play but also important reputational consequences for the parties involved. Mishcon de Reya Summit House 12 Red Lion Square London WC1R 4QD Tel +44 20 7440 7000 Fax +44 20 7404 5982
Steptoe has long had one of the world’s leading international arbitration practices. In the 1970’s the firm represented several major oil companies in the arbitration of expropriation claims against the Libyan government; and in the early 1980’s the firm represented a broad range of US companies in investment claims against the Iranian government before the Iran-US Claims Tribunal in The Hague. Steptoe has continued this practice in recent years with prominent representations in investor-state arbitration, international commercial arbitration, and state-to-state arbitration. Steptoe lawyers also act as arbitrators in international commercial arbitrations, serve on commissions in the leading arbitral institutions, and have held academic appointments in international commercial and investment arbitration at leading law schools in the US and the UK. Steptoe’s International Arbitration Group has a particularly successful record in enforcing international arbitral awards. Steptoe & Johnson 1114 Avenue of the Americas New York, NY 10036 TEL: +1 212 506 3900 FAX: +1 212 506 3950
We assist our clients in drafting sophisticated dispute resolution agreements, and offer insight into the selection of institutions used for arbitration, and understanding of the differing procedures used. We have real experience of the major international arbitral and many of the domestic, and not so well-known institutions. We also advise our clients on the use and abuse (avoidance) of procedures used in international arbitration. Our experience spans many different business sectors including: Technology; Film and Media; Telecommunications; Pharmaceutical and Life Sciences; Energy; Banking and Financial Services; Commodities; Sport, Leisure and Gaming; and Construction and Engineering. Olswang LLP 90 High Holborn London WC1V 6XX DX 37972 KINGSWAY T: +44 (0) 20 7067 3000 F: +44 (0) 20 7067 3999
Vinson & Elkins’ Arbitration and Alternative Dispute Resolution (ADR) practice group includes lawyers throughout the firm who serve as both advocates and third-party neutrals in claim and litigation matters. The group also provides advice and counseling to clients and other firm lawyers with respect to negotiating strategies, effective and efficient uses of ADR, the selection of third-party neutrals, the consideration of appropriate ADR procedures for particular controversies, and the drafting of private ADR clauses and agreements. Vinson & Elkins RLLP 1001 Fannin Street Suite 2500 Houston, TX 77002-6760 Tel +1.713.758.1109 Fax +1.713.615.5607 glipe@velaw.com
Arbitration is commonly chosen as an alternative dispute resolution mechanism in commercial agreements, offering a means of handling disputes which is confidential and can provide a greater measure of control by the parties involved. Our arbitration team handles both domestic and international arbitration, with conflicts of law and competing jurisdiction issues being an important element of the group’s work. We have advised on arbitrations under the auspices of a variety of bodies (including LCIA, ICC, UNCITRAL and LMAA) and we also handle proceedings under commodity trade association rules (GAFTA, LME). RPC Tower Bridge House St Katharine’s Way London E1W 1AA T: +44 (0)20 3060 6000 F: +44 (0)20 3060 7000
We have an extensive domestic and international arbitration practice. We advise our clients on a wide range of complex, high-value arbitrations, involving both English and foreign law, around the world. We advise across the full range of domestic and cross‑border arbitral proceedings including ICSID, LCIA, ICC, UNCITRAL, Stockholm Chamber of Commerce, and SIAC arbitrations, as well as those conducted under the auspices of various trade associations or ad hoc arrangements. Our Hong Kong office handles arbitrations under the CIETAC Rules in Beijing. We are regularly involved in advising on inter-dependent arbitration provisions and issues arising from cross‑border agreements, as well as the strategic implications of the deployment of arbitration and dispute resolution provisions. Slaughter and May One Bunhill Row London EC1Y 8YY T +44 (0)20 7600 1200 F +44 (0)20 7090 5000
Volterra Fietta is a team of public international lawyers, with a top-tier global reputation in both contentious and advisory matters. We combine outstanding academic credentials with the practical experience of seasoned legal professionals. We are the only public international law firm in the world. We are the only international arbitration boutique law firm in the United Kingdom. We have one of the largest dedicated international dispute resolution teams in the world. The firm is ranked in the top tier by all the legal directories. In our cases, we invariably find ourselves adverse to the other top-ranked public international law and arbitration practices. Volterra Fietta 1 Fitzroy Square London W1T 5HE United Kingdom T: +44 (0)207 380 3890 F: +44 (0)207 387 7433 E: info@volterrafietta.com
“Dispute is part of human existence and will always arise, but how it is resolved defines human relationships… Stand up for your rights and keep your relationship - head or tail both parties will be satisfied.” Akin Olawore, Principle Partner at Akin Olawore & Co – read more on page 12
www.acquisition-intl.com
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Dispute Resolution 100 - Litigation / Arbitration
Virtually all businesses will need to resolve disputes of some nature from time to time. They may be perceived as a minor irritation but in more serious cases they can severely disrupt cash flow, the ability to win future contracts and affect the reputation of your business within the wider business community. Our dedicated team provides realistic advice on the options available with regard to business dispute resolution; via mediation, arbitration, negotiation or litigation. We then pursue the appropriate course of action to resolve the dispute in the most cost-effective way. Wherever possible, we avoid the disruption and costs of litigation by encouraging parties to mediate or negotiate a settlement before the case reaches court. We aim to resolve your business disputes and bring them to a successful conclusion but, when required, our services extend to providing full representation in the courts, at tribunals, inquiries (including public inquiries), mediations and arbitration hearings. Andrew & Co Solicitors St Swithin’s Court, 1 Flavian Road, Nettleham Road Lincoln Lincolnshire LN2 4GR 01522 512123
For over three decades Debevoise & Plimpton LLP has maintained one of the world’s foremost international arbitration practices. We have two of the top-eleven leading international arbitration individuals in Chambers Global 2013, and a total of ten partners ranked among the top lawyers in various guides. Our lawyers handle a wide range of the most challenging disputes and lead professional organizations dedicated to arbitration. At Debevoise, we pride ourselves not only on our victories for clients, but also on our continued devotion to improving arbitration practice. For example, in 2010 Debevoise issued a Protocol to Promote Efficiency in International Arbitration, which identifies 25 specific procedures intended to make arbitration more efficient. No other law firm has made such a public and specific commitment to promoting efficiency on behalf of our clients. Rooted in our proud and distinguished history, yet embracing innovative ideas and practices, Debevoise continuously endeavors to establish the benchmark for international arbitration. Debevoise & Plimpton LLP 919 Third Avenue New York, NY 10022
Our Litigation and Arbitration team is robust, pro-active and above all, commercial. Whether your problem is simply an unpaid debt or a complicated contractual dispute, we’ll adopt the best strategy to get a resolution as quickly and cost effectively as possible. BHW are also experts in helping implement strategies to minimise risk. We know when to litigate and when to negotiate. Lisa Wainwright, who heads the Dispute Resolution Department, is both a solicitor and a qualified mediator. Above all, we understand how important it is for our clients to know we’re on their side. We do whatever it takes to get the right result and our commitment is demonstrated in everything we do.
By working alongside the major insurance and reinsurance legal firms in London, Bermuda, the U.S.A. and Australia, Cranmore’s personnel have gained extensive experience of litigation and arbitration support work. The Cranmore team has a proven track record in providing clients and their legal advisers with the technical support required in such situations – including the provision of testimony in both Court and Arbitration proceedings in the U.K., the U.S.A., Bermuda and Australia. Cranmore America House 2 America Square London EC3N 2LU Tel: +44 (0)20 7680 4123 Email: enquiries@cranmore.co
BHW Solicitors 5 Grove Court Grove Park Leicester LE19 1SA Tel: +44 (0)116 289 7000 Fax: +44 (0)116 281 6229
In seeking expeditious and cost-effective resolutions for our clients’ disputes, we are committed to prioritising alternative dispute resolution. Yet litigation is the mainstay of our practice, covering multi-party disputes, debt/commodity recovery, liability from negotiations, conflict-of-laws issues, EU competition law, foreign judgments enforcement, injunctive protection, arbitration proceedings and enforcement of arbitral awards. Resources from our banking, insolvency and employment practices are often brought in to ensure top value-adding client service in an extensive range of specialist litigation - one more factor contributing to our virtual 100% success record. Elias Paraskevas Attorneys1933 Asklepiou Street 106 79 Athens - Greece Tel: +30 210 36 10 333 dparaskevas@paraskevaslaw.com
Fountain Court is one of the leading sets in commercial litigation and dispute resolution. Members of Fountain Court are renowned for their expertise in this broad area. Commercial litigation is what members of Fountain Court excel at. All members of Chambers are involved in commercial litigation work on a day-to-day basis. Members advise and appear in complex, high value disputes in the Commercial Court and Chancery Division as well as in commercial arbitrations here and abroad and in overseas Courts and arbitrations. In short, Fountain Court members act whenever clients require excellent advice and representation in major business disputes. Fountain Court Chambers Fountain Court Temple London EC4Y 9DH Telephone: +44 (0)20 7583 3335
A significant focus of Cravath’s litigation practice is representing and advising international clients. We practice only U.S. law, which means that our litigation activities are focused on actual and potential litigation in U.S. courts and arbitrations conducted throughout the world. From our New York and London offices, we are routinely called upon to represent non‑U.S. companies in many of the largest and most complex trials and appeals in federal and state courts, in domestic and international arbitrations (including ICC, LCIA, AAA and private arbitrations), before administrative agencies and regulatory authorities and in virtually every other type of proceeding, including internal investigations. Cravath, Swaine & Moore LLP Worldwide Plaza 825 Eighth Avenue New York, NY 10019‑7475 T: +1‑212‑474‑1000 F: +1‑212‑474‑3700
“Clearly dispute resolution is now seen by a growing number of companies as an efficient and profitable process. Surely the crisis related cases had an impact on the demand and prove that going outside of the courtroom has many advantages.” Michel Léger, Managing Partner at BDO France – read more on page 18
www.acquisition-intl.com
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Dispute Resolution 100 - Litigation / Arbitration
Rosenblum Newfield, LLC We provide legal, commercial and strategic advice on a wide range of business disputes. Our focus is on providing results-driven solutions that minimise the risks and realistically assess the potential rewards. The team enjoys a high profile, independent position in the market, and rarely faces the kinds of conflict issues which mean that we cannot act against large institutions. We pride ourselves on being partner-led and ensuring that there is a strong and continued presence of the lead partner on every assignment. Our lawyers are experts in all forms of dispute resolution and are well placed to recommend the best process to suit our clients’ particular needs. Fox Williams LLP Ten Dominion Street, London, EC2M 2EE Tel: +44 (0) 20 7628 2000
Our Dispute Resolution specialists are experienced in handling substantial and complex malters for sophisticated clients who invariably demand high standards and prompt turnaround times. They have conducted commercial dispute resolution and litigation in both domestic and international venues. Litigation is often a complex and expensive business - people vary rarely embark upon it voluntarily. We aim to ensure that the process is as painless as possible and we will always have in mind a client’s ultimate objectives and we will seek to achieve or exceed expectations accordingly. Hamilton Downing Quinn Ruskin House, 40-41 Museum Street, London WC1A 1LT. UK Tel: +44 (0)207 831 8939 Email: law@hamd.co.uk
The Gulf marketplace offers opportunity and risk in equal measure. The political, regulatory and commercial environment is complex and highly charged. In such an environment, some disputes are inevitable. We can help you with tactics for dispute resolution as well as the obtaining and preservation of evidence and analysis of routes to enforcement After exploring all appropriate avenues of alternative dispute resolution (including mediation and expert-assistance in all their guises), we can conduct litigation and arbitration of disputes concerning construction and infrastructure, commercial contracts, employment, licence arrangements, IT projects and intellectual property. We represent companies, financial institutions and governments worldwide. Pinsent Masons LLP Level 8 The H Hotel, Office Tower (formerly known as The Monarch Office Tower) One Sheikh Zayed Road P.O. Box 115580 Dubai United Arab Emirates t: + 971 4 373 9700 f: + 971 4 373 9701
Rosenblum Newfield, LLC is a civil litigation, administrative, and health care law firm with offices in New York and Connecticut. Concentrating on the defense side of civil litigation matters (with a special focus in medical liability cases/malpractice claims), administrative hearings and health care law, it has established a record of accomplishment based on its core values and on proprietary methodologies that have proven successful for its clients. Outside the health care arena, the firm also provides commercial clients in a number of industries with civil litigation and business counsel. For both health care and commercial clients Rosenblum Newfield provides cyber liability services, an emerging area of the law. The firm is highly regarded within the legal and medical professions and the business community, and offers clients a stable culture built on extensive experience, meticulous, creative research and respect for all parties to the situations it addresses. These qualities contribute to an impressive record of defense verdicts, as well as to longstanding client relationships. NEW YORK CITY, NY The Chrysler Center 405 Lexington Ave, 26th Floor, # 26001 NY, NY 10174-2699 T: (212) 888-8001 F: (212) 888-3331
We offer the full range of litigation, arbitration and other dispute resolution services. We also have highly-regarded specialist, contentious regulatory and crime, fraud & investigations practices. Our contentious intellectual property and employment groups are acknowledged market leaders. Our philosophy is to combine outstanding practices in each of the jurisdictions in which we operate with the highest levels of service internationally. Simmons & Simmons LLP 40th Floor Park Place 1601 Nanjing Road West Shanghai 200040 China T +86 21 6249 0700 F +86 21 6249 0706
Unfortunately disputes occur in all businesses. When they do you need clear advice on where you stand and what remedies are available to you. We understand this and work with you to resolve the problem in the manner that best suits you. Most disputes are now resolved without recourse to litigation. Our experienced Dispute Resolution team work exclusively on the resolution of disputes. Whether your case is complex, routine, or something you just want resolved swiftly, we will ensure it is dealt with at the appropriate level and that costs are controlled. We offer a proactive dispute resolution service and are able to respond instantly when urgent applications are necessary to prevent the dissipation of assets. We provide expert dispute resolution advice in many areas including all types of contractual and property disputes, asset recovery, professional negligence and judicial review. We cover every method of resolving disputes including negotiation, mediation, arbitration and litigation. Summaries of these main methods are set out in our bulletin entitled Dispute Resolution. Trowers & Hamlins LLP 3 Bunhill Row London EC1Y 8YZ DX 774 Lon/City t +44 (0)20 7423 8000 f +44 (0)20 7423 8001 E: enquiries@trowers.com
Many successful people have to assert or defend their legal rights at some time in their lives. Obviously winning is key but keeping the day to day disruption to a minimum is also a consideration. Our dispute resolution team understands that full scale litigation may not always be the best solution. We therefore try in most instances to help our clients find alternative solutions that stop short of appearing in court or before arbitration panels. Mediation is one of the lynchpins of our work. When full-scale litigation is required, we aim at all times to provide clients with the qualities they expect: technical excellence, clear tactical, result-oriented advice, lateral thinking, sympathy and objectivity. But most important is ensuring our clients know that when things get tough we will support them all the way. withersworldwide Greenwich CT office 660 Steamboat Road, Greenwich, CT 06830, USA Tel: +1 203 302 4100
“I use every opportunity, whether it be in Client Option Meetings, my lectures to other professionals or articles to highlight the benefits of non-court based dispute resolution, referring to the many different methods of DR.” Elissa Da Costa-Waldman, founder of The Family Dispute Resolution Practice – read more on page 20
www.acquisition-intl.com
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Dispute Resolution 100 - Expert Determination
Chris Makin Expert Determination is the process whereby the parties agree to refer their disagreement to an impartial expert third party and that they will then be bound by his or her decision. Like adjudication and arbitration, the parties can choose who the appointed expert is. Expert Determination is more commonly used in industries other than construction but it is a process that may be well suited to some types of construction related disputes. In the construction industry it is primarily used to resolve technical issues, such as defects or extension of time claims. As a guide, if a court would rely on expert evidence to resolve the dispute, expert determination will possibly be a viable and cheaper alternative. Construction Dispute Resolution Service Ltd, 2 Court Close, Rollesby, Norfolk, England, NR29 5EX. E Mail: enquiries@construction-dispute.co.uk Tel: +44 (0)1493 748048
Expert Determination is a private process involving an independent technical expert who makes a binding decision on technical rather than legal issues and who has the power to ask questions of the parties before rendering his or her decision. The decision is binding unless it is agreed by the parties at the outset that the determination will not be. Expert determination is particularly suited to disputes of valuation or a purely technical nature across a range of sectors. CEDR can assist by proposing suitable experts to act as the expert determinator from our panel. We will also handle all aspects of the expert determination arrangements. These include arranging document exchange, administrating funds, resolving procedural difficulties and providing support and guidance to the parties and the Expert Determinator as required. CEDR T: +44 (0)207 536 6060 E: adr@cedr.com
Chris Makin performs expert determination (“ED”) by private appointment, and from the President of the Institute of Chartered Accountants in England & Wales. It is a procedure where a dispute, usually of a technical nature, is resolved by an expert whose decision is final and binding. He is appointed under contract, either by a procedure set out in a previous legal agreement (the dispute resolution clause in a shareholder agreement, for example) or by agreement at the time of the dispute between the parties and the expert. It is not arbitration or litigation, so their rules and precedents need not be followed; the expert must act under the terms of the contract with the parties in dispute, so the three – or more – of them can agree those terms to suit the situation. Chris Makin 3 Gray’s Inn Square, London, WC1R 5AH Telephone: 020 7430 0333 Fax: 020 7430 0666 DX: DX 283 London Chancery Lane
Frequently, business sale and purchase agreements contain a mechanism for adjusting the “headline” price or value obtained, commonly through Completion or Earn-Out Accounts. However, these clauses often lead to a dispute. To maximise chances to improve the final position, preparation for a potential dispute over such a price-adjustment mechanism needs to start early. In the earlier phases of a transaction much ground can be lost through inexperience and it becomes increasingly difficult, if not impossible, to recover that ground at a later stage. Our dispute professionals have extensive experience of such dispute situations, whether advising a party to the deal or acting as the Independent Accountant. We have acted in many different industries covering all sizes of dispute, from those involving a single item through to large multinational deals with over 100 separate items in dispute. What we do When acting as the Independent Determining Accountant, our goal is to provide an efficient, effective, properly justified and objective determination of the matters in dispute. Deloitte 2 New Street Square London EC4A 3BZ United Kingdom Phone number : +44 20 7936 3000 Fax number : +44 20 7583 1198
Grant Thornton’s Expert Determination services are led by specialists with considerable experience of acting as the independent expert to resolve disputes. Our experience is augmented by regularly working with legal and financial advisers and with corporates directly, both in pre-deal due diligence and post transaction in the event of dispute. Our team has a broad range of hands-on experience across numerous sectors supplemented by industry specialists who bring insight and in-depth sector expertise. Grant Thornton UK LLP Nick Andrews Partner, Forensic and Investigation Services T +44 20 7383 5100 nick.d.andrews@uk.gt.com www.grant-thornton.co.uk
Expert determination is founded in contract. An independent third party will act as an expert rather than judge or arbitrator, and is appointed by the parties to decide the dispute privately. There is no right of appeal and the expert’s determination is final and binding on the parties save usually in the case of fraud or manifest error. Parties will make written and oral submissions to the expert and he or she will then give a binding decision on the case. It is particularly used in disputes concerning valuation (for example rent reviews, share valuations or price adjustments) or technical disputes across a range of sectors (for example IT, accountancy, supply contracts, oil and gas). Herbert Smith Freehills LLP Exchange House Primrose Street London EC2A 2EG London office DX: 28 Tel +44 20 7374 8000 Fax +44 20 7374 0888
Expert determination is a confidential and binding process that can offer an effective means of settling a technical issue or dispute. It is an impartial and flexible process. The expert is required to act fairly and give each party a reasonable opportunity to be heard and respond to the other party. The determination of the dispute will be by an independent person with expertise relevant to the dispute. When a fast solution is needed, expert determination is often the quickest and most inexpensive way of resolving disputes – particularly where the facts are agreed. It is carried out in private, and therefore can be guaranteed to protect confidences and commercial sensitivity. Expert determination is appropriate for technical or valuation issues. For example, an IT specialist may be appointed in an IT supply and installation contract to determine compliance with specifications or an accountant may be appointed as an expert in a business valuation dispute. Wragge & Co Pinsent Masons LLP 30 Crown Place Earl Street London EC2A 4ES t: +44 (0) 20 7418 7000 f: +44 (0) 20 7418 7050
“We attribute this award to a great team and some precedentsetting decisions. My employees are young but experienced and motivated to give their best for the firm. The driving force is to be surrounded by remarkable people.” Sébastien Fanti, Partner at Lexing – read more on page 22
www.acquisition-intl.com
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Dispute Resolution 100 - Negotiation
Most legal cases can be resolved through constructive negotiations, and it is generally beneficial to settle a claim before taking the matter to court. Negotiation is far less formal than court proceedings.
Few organisations can avoid disputes in today’s business climate. We can advise you how best to present your arguments or defend your position, be it in negotiations, arbitration, litigation, mediation or tribunal proceedings.
Our Professional Practices Group includes specialist litigation and arbitration advisers, who are highly experienced in both UK High Court litigation and domestic and international arbitration in the partnership sphere.
Essentially, both parties are able to decide the outcome of your dispute usually at minimal costs compared to the costs in taking a matter to court.
The right advice, at the right time, can save you money.
The Dispute Resolution team attracts high-profile instructions from some of the largest firms and has an excellent client base, predominantly in the professional and financial services sectors. However, the team also acts for individual partners.
Negotiations can begin before a court claim has started or even after, but they must occur before the court makes a decision on the case. If negotiations have reached a deadlock, the parties mat turn to Mediation to attempt to resolve the issue before or during any court proceedings. Negotiations however are not suitable in every dispute. If the time limit for making a claim is very close or if a dispute hinges on a point of law, negotiations may be fruitless. Even so, there would be opportunities to negotiate up to the time the court makes its decision. Our Solicitors will negotiate on a ‘without prejudice’ basis, which generally means that anything discussed in the negotiation cannot be referred to in court. We will act in your best interest towards brokering the best solution for you.
We operate cost effective procedures to resolve issues that include going to the Court but also consider other methods of resolving disputes including mediation, arbitration and negotiation. We will give you a free consultation over the phone to identify the nature of your problem and advise you of possible alternatives available to resolve it. Getting the best advice quickly often saves considerable costs and time.
Our team is acutely aware that litigation or arbitration can be protracted, stressful and costly. Where possible, we aim to resolve disputes without the need for proceedings either through negotiation or formal mediation. In some cases, however, urgent injunctive relief is required from the Court (for example, where expulsion is threatened), and the team has a great track record in obtaining such relief from the Court.
Eaton Smith LLP 14 High Street, Huddersfield, West Yorkshire, HD1 2HA Tel: (01484) 821300 Fax: (01484) 821333
Fox Williams LLP Ten Dominion Street, London, EC2M 2EE Tel: +44 (0) 20 7628 2000
We take a proactive approach to resolving commercial, charity and personal legal disputes, using negotiation and mediation wherever appropriate as a practical alternative to litigation.
Negotiation is part of everyday life. As with any endeavour, it can be effective or unproductive. Everyone can become a better negotiator, regardless of skill level.
Our team of expert lawyers can help your business to address and manage your dispute whether internal or with consumers and suppliers.
If you are about to enter into a difficult negotiation, the experts at the Stitt Feld Handy Group can help you prepare for the negotiation so that you have the skill and ability to go into the negotiation and Expect Success. Our negotiation consultants use the Seven Elements of Principled Negotiation (created by Professor Roger Fisher at Harvard) to help you prepare for and conduct your negotiation and, if you wish, we happily participate with you in the negotiation itself.
Our expert lawyers have a huge amount of experience in representing clients at formal mediation as well as other forms of ADR. Indeed, we have two professionally accredited mediators within our team ready to advise on the challenges and pitfalls that ADR can often present. We will explore all avenues to ensure that we achieve the best possible resolution for you and will tenaciously negotiate your corner, in order to achieve the best possible result. When successful, ADR can achieve extremely cost-effective results, which is rarely possible through court based litigation. Hugh James Hodge House 114 - 116 St. Mary Street Cardiff CF10 1DY Tel: 029 2022 4871 Fax: 029 2038 8222
DLS Law Norfolk House East, 499 Silbury Boulevard, Central Milton Keynes, Buckinghamshire, MK9 2AH DX 31410 MILTON KEYNES Telephone: +44 (0) 1908 924200
ADR provides a variety of methods for resolving disputes which can lead to their practical and cost efficient resolution when negotiation fails. Alternative Dispute Resolution (ADR) provides a number of methods for resolving disputes practically and, in many cases, time and cost effectively. The different forms of ADR on which Ince advises include dialogue, structured negotiation and mediation. At Ince we explore the core issues between the parties and the most appropriate method of resolution. Globally we have over 80 partners and 150 assistants trained to advise clients in all forms of ADR and dispute resolution is at the heart of the firm Ince partners were at the forefront of the establishment of ADR in the UK. We are a founding member of The Centre for Effective Dispute Resolution (CEDR), ADR Net and the Maritime Solicitors Mediation Services (MSMS), which focuses on disputes within the shipping and marine industries.
Where litigation is the only option, we will take effective action to resolve the conflict in the best interests of your business. Stone King 13 Queen Square Bath BA1 2HJ DX: 8001 Bath Tel: 01225 337599 Fax: 01225 335437
The Stitt Feld Handy Group 416-307-0006 or 1-800-389-0435 (from the Bahamas)
Disputes are a drain on business, requiring lawyers to develop a proactive strategy, one that focuses on our client’s needs and is designed to achieve the desired outcome in a timely and cost effective manner. Our lawyers are therefore experienced in a variety of alternative dispute resolution methods including negotiation, mediation, expert determination and arbitration. Used correctly these methods can help retain business relationships, deal with peripheral but important non-monetary issues and yet provide a binding, enforceable, agreement. Ward Hadaway Sandgate House 102 Quayside Newcastle upon Tyne NE1 3DX DX number: DX 730360 Newcastle upon Tyne 30 T: +44 (0) 191 204 4000 F: +44 (0) 191 204 4001 E: enquiries@wardhadaway.com
Ince & Co Tel: +44 (0) 20 7481 0010 Fax: +44 (0) 20 7481 4968 DX 1070 London City Ince & Co LLP International House 1 St Katharine’s Way, London E1W 1AY
www.acquisition-intl.com
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Dispute Resolution 100 - Mediation
Commercial mediation is a practical yet sophisticated process designed to address the real issues and obstacles behind conflict in reaching a commercially viable solution. ADR Group’s commercial mediators understand that for many individuals and organisations dispute resolution is a ‘distress purchase’. The cost in terms of business disruption and personal management time to manage conflict is often underestimated. Our commercial mediation services provide an effective yet challenging alternative. The appointment of a professional third party neutral commercial mediator through the ADR Group will provide the structure within which a constructive and positive negotiation process can take place. The decision to settle and terms of agreement rest with the parties themselves, not the mediator and not a judge.
Alternative Dispute Resolution (ADR) is a collection of dispute resolution processes and techniques employed with a view to resolving disputes, preferably at an early stage, thereby saving costs and avoiding expensive and time consuming litigation or arbitration. There are other advantages including confidentiality and the fact that the parties have found greater control over the dispute. BL Resolve have a number of experienced dispute resolution specialists based at our offices in Southampton, Portsmouth, Oxford and London. Blake Lapthorn Seacourt Tower, West Way, Oxford, OX2 0FB Tel: 01865 248607 Fax: 0844 620 3403 Email: info@bllaw.co.uk
Our mediators have established themselves as leaders in the rapidly developing world of commercial mediation both in the United Kingdom and internationally. They have conducted some 250 mediations in the last twelve months and have assisted in settling claims worth over five billion pounds.
Fenwick Elliott is a leader in the field of ADR and in particular mediation. We have been instrumental in promoting mediation, and a range of ADR techniques such as early neutral evaluation, project mediation and expert determination, and dispute boards throughout the construction and energy industries.
Mediation is a process whereby a neutral third party spends, typically, a day with the parties to a dispute and tries to facilitate a settlement. The process is confidential. The mediator does not act as a judge or arbitrator. He expresses no views of his own as to the rights and wrongs of the dispute or the likely outcome of any litigation.
We are firm advocates of ADR, recognising that used in the right place and at the right time, commercial mediation, for example, can resolve differences quickly and cost-effectively. Our specialist experience, whether as mediator or party representative involved in a multi party, multi million-pound negotiation, means that we can provide our clients with a sound risk management strategy to resolve their disputes.
The mediators at Brick Court Chambers have undertaken thousands of mediations and have long experience of helping parties design and plan the process for maximum effectiveness. Brick Court Chambers 7-8 Essex Street London WC2R 3LD DX 302 London Chancery Lane Contact Numbers Telephone: +44 (0)20 7379 3550 Fax: +44 (0)20 7379 3558
ADR Group Grove House Grove Road Redland Bristol BS6 6UN DX: 99884 Redland Bristol T: +44 (0)117 946 7180 F: +44 (0)117 946 7181
Fenwick Elliott LLP Aldwych House 71-91 Aldwych London WC2B 4HN
IN PLACE OF STRIFE No one wants to be in a commercial dispute: they are both time-consuming and costly. Increasingly, facilitated mediation is the ideal way to resolve any dispute rapidly and effectively, without the need to go to court. Our experienced mediation team has the expertise and experience to understand your issues when you find yourself in dispute, and actively help you to work towards a successful and speedy resolution. We are active members of ADR Group and the Association of Midlands Mediators. Freeth Cartwright LLP 1 Heddon Street Mayfair London W1B 4BD DX 37209 Piccadilly Telephone: +44(0)845 050 3200 Fax: +44(0)845 050 3250
www.acquisition-intl.com
In Place of Strife, The Mediation Chambers, helps people and companies resolve disputes quickly, confidentially and cost-effectively. We provide the services of some of the most experienced and effective mediators currently practising in the UK and internationally. In Place of Strife’s Chambers mediators have a wide range of specialist skills underlying their mediation experience and our experienced case administrators will be able to advise as to the mediator who is best suited to your case.
While litigation is inevitable in certain circumstances, our litigators are also leaders in arbitration and the use of alternative dispute resolution (ADR) techniques. Our lawyers are familiar with the entire range of alternative dispute resolution mechanisms, including neutral evaluation, appraisal arbitration, mediation, dispute review boards, and mini-trials. The breadth of our arbitration experience enables us to collaborate with in-house counsel to determine when and whether the use of arbitration or other ADR processes are more appropriate than full-blown litigation or trial.
In Place of Strife, The International Dispute Resolution Centre, 70 Fleet Street, London, EC4Y 1EU Tel: 0844 556 3510 Email: info@mediate.co.uk
King & Spalding LLP 1100 Louisiana Suite 4000 Houston, TX 77002 T: +1 713 751 3200 F: +1 713 751 3290
Littleton mediators have a vast range of litigation experience in commercial, employment, professional negligence and other areas of law. They bring their extensive specialist knowledge to the mediation process. They have the ability to absorb information rapidly, to analyse complicated law and facts, and to identify the key issues in a case at the mediation stage. They are always approachable, and are able to establish a relaxed rapport with clients and lawyers alike. They bring commercial reality and common sense to mediation. Littleton mediators work assiduously to help the parties find a resolution of their disputes, however complex or apparently intractable they may be. Littleton Chambers 3 King’s Bench Walk North London EC4Y 7HR Telephone: 020 7797 8600 Facsimile: 020 7797 8699 DX: 1047 Chancery Lane Email: clerks@littletonchambers.com
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Dispute Resolution 100 - Mediation
LSM London School of Mediation
LSM is one of the world’s leading organisations for mediation training. We are unique in the support we provide for alumni, on the courses and afterwards through the transition into practice. We are passionate about mediation and its role in business, for the workplace, in commercial and insurance disputes, medical matters, the community, property, employment and human rights. Let us pass that passion and enthusiasm on to you as part of a truly ethical vocational choice.
Separation and divorce usually involve a major crisis for a family. The same is true of commercial disputes where business can be disrupted and court costs astronomical. At Phillips Solicitors our specially trained lawyers act as mediators for both private individuals and commercial clients, and we have set up Town Gate Mediation specifically to offer these mediation services. You can call our mediation team on 01256 854627 or visit towngatemediation.co.uk for more information.
London School of Mediation 218 Strand London United Kingdom WC2R 1AT Telephone: 0207 427 0848
Phillips Solicitors & Towngate Mediation 38 London Street Basingstoke RG21 7NY t. +44 1256 354627 e. legal@towngatemediation.co.uk
Our mediators bring to the mediation process the skills which we have honed in our legal practices, including thorough preparation, objective risk analysis, commercial awareness and an in depth knowledge of litigation, combined with mediation and negotiation skills and a wide experience both as mediators and as representatives in mediation. The disputes we mediate reflect the wide range of practice areas at Serle Court, covering disputes in the fields of company law, contractual disputes, banking, charities, employment, estates and probate, financial services, ICT, intellectual property, private international law, partnership, property, shipping and trusts. Serle Court mediators have mediated disputes in and across several different jurisdictions, and often mediate in multi-party disputes. A number of mediators are also happy to act as co-mediators in difficult multi-party negotiations. Serle Court 6 New Square Lincoln’s Inn, London WC2A 3QS, DX 1025 LDE Telephone +44 (0) 20 7242 6105 Fax +44 (0) 20 7405 4004 Out of hours +44 (0) 7714 853642
We know that clients are usually looking for a cost efficient, commercially attractive and speedy resolution of their disputes. Our aim is to understand the client’s commercial objectives from the beginning and to identify a strategy to achieve those objectives in an economic and expeditious manner. Our experience covers all forms of ADR including arbitration, adjudication, dispute resolution boards, expert determination, early neutral evaluations and mediation.
TLT provides a full mediation service, offering an efficient and effective process for resolving commercial disputes as an adjunct or alternative to formal litigation or arbitration.
Thirty Nine Essex Street 82 King Street, Manchester M2 4WQ Tel: +44 (0)16 1870 0333 Fax: +44 (0)20 7353 3978
TLT LLP One Redcliff Street Bristol BS1 6TP United Kingdom
Our mediators are experienced in a wide range of commercial disputes and have individual areas of specialism and sectoral expertise. They are used to handling cases of all sizes and complexity, including multi-party and cross-border cases.
Wragge & Co’s entire dispute resolution capability is one of the largest of its kind in the UK. The core dispute resolution team of 160 lawyers includes experts in contract and commercial, engineering and construction, mediation and arbitration, regulatory litigation, IT, professional negligence, insurance and volume debt recovery. Elsewhere in the firm are teams specialising in dispute resolution for competition, employment, pensions, intellectual property (IP) and real estate. Wragge & Co’s innovative approach to resolving disputes begins before its experts have even been instructed. One of our dispute resolution experts will be happy to carry out an initial analysis of your case and discuss your options with you at no cost. Wragge & Co LLP 55 Colmore Row Birmingham B3 2AS England DX: 13036 Birmingham-1 Tel: +44 (0)870 903 1000 Fax: +44 (0)870 904 1099
Mediation can be an effective way of resolving disputes without the need to go to court. It involves using an independent third party – a mediator – who helps both sides endeavour to reach a settlement of their dispute. Mediation is a confidential process where the terms of the negotiation are not disclosed to the court or tribunal. If parties are unable to reach agreement, they can still go to court. Stephenson Harwood’s litigation specialists advise clients on mediation, devise suitable processes and represent clients at mediations. Stephenson Harwood LLP 1 Finsbury Circus London EC2M 7SH United Kingdom DX 64 Chancery Lane T +44 20 7329 4422 F +44 20 7329 7100
“At Rosling King we encourage all our lawyers to handle our work on a bespoke basis and this means that we really pay attention to the client’s individual needs. This is the key to our success and the cornerstone of our longstanding relationships with many of our clients.” Melissa Padoa, Partner at Rosling King LLP – read more on page 30
www.acquisition-intl.com
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Dispute Resolution 100 - Legal Costs
Abacus consists of a core team of six Senior Costs Draftsmen, including five Fellows of the Association of Law Costs Draftsmen (three of whom are also qualified Costs Lawyers), and a former Solicitor and Partner in a Nottingham law firm. The team have a combined experience of over 114 years in the legal costs profession, which puts Abacus in a strong position when advising clients on the ever changing areas of costs law. Abacus is based in the City of London, enabling the company to provide costing services to its varied London client base, which includes global law firms, major insurance companies and accountancy firms, as well as other niche practices both in London and nationally. The City location also enables assistance to be provided to clients on costs matters at short notice, including urgent attendances at hearings and at the clients’ offices as necessary. Abacus Law Costs Consultants Studio 33 4th Floor 1-13 Adler Street London E1 1EG United Kingdom T 020 7392 2044 F 020 7392 2105 DX 854 London/City info@abacuslawcosts.co.uk
Johnson & Johnson, Law Costs Draftsmen, Cost Lawyers, Cost Consultants & Negotiators was formed in 1989 when the proprietor, D.A. (Tony) Johnson decided that he wanted to provide a quality and bespoke service to solicitors who required the specialist help and advice needed to steer them through the arcane and complex maze that was then, and remains to this day, the world of detailed Bill preparation, Assessment proceedings and Costs negotiation. Johnson & Johnson Law Costs Dratftsmen St.Austell Office 8 Church Street St. Austell PL25 4AT DX 81254 ST AUSTELL Tel: 01726 64729 Fax: 01726 69831 Email: info@jjlegal.co.uk
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Cost Chambers Limited is a young and dynamic team of Legal Cost Consultants, who bring a fresh outlook and energetic approach to the world of costs. Our services enable our clients to focus on their caseload and not get drawn into the secondary litigation of costs. We have a personal and professional relationship with our clients and are committed to providing a service that will exceed expectations with respect to the recovery of their costs. Our team includes individuals from a variety of legal backgrounds who demonstrate the depth of their knowledge and experience on a daily basis. Cost Chambers Limited 25a Cemetery Road Southport PR8 6RH E-mail: enquiries@cost-chambers.com Telephone: 01704 504090 Fax: 01704 534564 DX: 728544 Southport 9
McCarthys is one of the older and more respected costs practices, having been founded in 1979 by David McCarthy, then a fellow of the Association of Law Costs Draftsmen (ALCD) and today a senior Costs Lawyer (ACL). The firm practised in Chancery Lane for 20 years, before restructuring and relocating to Chelmsford in January 2000. McCarthys has worked for some of the most respected solicitors in the UK, from small firms through to Magic Circle firms, dealing with all aspects of costs from routine civil litigation, through to complex and novel cases at Supreme Court and European Court level and high profile multi-million pound commercial cases. McCarthys Legal Costs Lawyers 9 Ayletts, Broomfield, Chelmsford, CM1 7LE TEL: 01245-442544 Email: mail@mlcl.co.uk
We are Gibbins Costs Lawyers. We are Costs Lawyers and Law Costs Draftsmen specialising in all aspects of legal costs, including bills for detailed assessment, Legal Aid claims, advocacy and negotiations.
Jennings was established in 1989 and along with our good reputation, has grown significantly. We provide comprehensive costs consultancy services to legal practices and solicitors throughout the UK.
Since 1976, our passion at Gibbins has always been about maximising the profitability of our clients, and that ethos remains central to our business aims today. However, a lot of other things have changed over the years and we have developed and expanded accordingly. We don’t just provide a bill-drawing service! Our services range from costs negotiating in PI and commercial cases to completing Legal Aid forms and everything in between (including drawing bills).
As trusted advisors to clients who rely on our skills and efficient working methods to maintain cashflow and accurately claim their costs, our clients number high profile practices as well as small independent solicitors, many of whom Jennings have worked with for a number of years and who see us as their ‘first call’ for legal services support.
Gibbins Costs Lawyers Freemans House Liquorice Way PONTEFRACT WF8 1DR Tel: 01977 701938 DX 22252 info@gibbins.net
We are proud of our status as one of the most experienced and respected teams of Costs Lawyers / Draftsmen in the region.
Jennings Costs Consultants T: 0870 7777 100 F: 0870 7777 600 E: info@jenningscosts.co.uk
We act for Solicitors, insurers and private individuals from all over the UK.
Based in Cambridgeshire, R Costings Limited is a leading firm of Costs Lawyers, Draftsmen and Consultants providing a comprehensive legal costs service to the legal profession, corporate organisations, trade unions, businesses and associations of all sizes.
Our role is often varied but whatever function we are performing we never lose sight of three fundamental aims. These are to add value, to recognise risk, and to find solutions for all our clients’ costs issues.
R Costings Limited has grown rapidly since it was formed in 2002 by its Managing Director Paul Reason, and now employs a number of Costs Lawyers, Law Costs Draftsmen and support staff, servicing the industry nationwide.
Renvilles Costs Lawyers & Consultants Ltd 5 Hammet Street Taunton Somerset TA1 1RZ
R Costings Ltd Tel: 01480 463499 Fax: 01480 463411 DX: 46405 St Ives (Cambridge) Email: info@rcostings.co.uk R Costings, James Hall, Parsons Green, St Ives, Cambridgeshire PE27 4AA
2014 Dispute Resolution Awards | 45
DISPUTE RESOLUTION 1 0 0
Dispute Resolution 100 - In-House Dispute Department
Dispute Resolution 100 - International Legal Consultant & International Commercial Mediator Talbot-Garman Consultores Ltda
Hyundai Heavy Industries Co., Ltd. (“HHI”) is a Fortune 500 company and an industry leader in shipbuilding, offshore and plant engineering and construction, as well as construction and power equipment manufacturing. HHI is the parent of the HHI Group, a multinational conglomerate with a global network of branch offices and more than forty overseas affiliates. HHI’s legal team is comprised of lawyers with diverse common and civil law qualifications and a dedicated legal staff who are collectively responsible for project negotiations; contract risk analysis, mitigation and management; international trade disputes; intellectual property litigation; international arbitration and litigation, mediation and expert determination. HHI’s legal team is well-versed in dispute settlement practices in many jurisdictions and fora, including arbitration under all of the major institutional rules, and works closely with major international and regional law firms across Asia, Europe, the Americas and the Middle East to pro-actively manage potential and active disputes. HYUNDAI HEAVY INDUSTRIES CO., LTD International Legal Department 1 Jeonha-dong, Dong-gu Ulsan, Korea 682-792 Direct: +82 52 202 0209 Fax: +82 52 202 9220
“The desire to settle cases is higher than it previously was and this is sometimes really challenging, especially if you are aiming for a good financial result, which in inevitably, we always are.” Sebastian Frahm, Restructuring Specialist at Naegele – read more on page 28
Rupert Talbot-Garman LL.B. (Hons), LL.M. (Hons) (Maritime Law) (Soton.), Solicitor of the Supreme Court of England & Wales, MCIarb, MCIL, is an International Commercial Legal Consultant & Bilingual (English/Spanish) CEDR Accredited Commercial Mediator. Rupert specialises in the resolution of international disputes relating to ships, shipping, international trade and commodities. For details, please see Rupert’s websites (and his LinkedIn profile): Consultancy: www.talbot-garman.com Mediation: www.talbot-garman-mediator.com Contact details: Email: rupert@talbot-garman.com U.K. Mobile / Blackberry: +44 (0) 7834 597 248 Skype: ruperttalbot-garman Celular chileno: 5354 3046 Talbot-Garman Consultores Ltda. is the trade name of Asesorías Talbot-Garman Consultores Ltda.
“Success in business today requires big picture thinking with attention to the finer details, the execution of which is vital in managing risk and successfully turning an inspired vision into business headlines.” Ahmed Barakat, Managing Partner at ASAR - Al Ruwayeh & Partners – read more on page 16
www.acquisition-intl.com
46 | 2014 Dispute Resolution Awards
And the winners are ... Angola International Mediation Institute
Mediator of the Year: Angola
Chris Albertyn, Arbitrator & Mediator Emery Jamieson LLP
Argentina Marval O’Farrell & Mairal
Dispute Resolution Law Firm of the Year: Argentina
Fasken Martineau DuMoulin LLP Fillmore Riley
Australia Allens Campbell Bridge SC Clayton Utz Gilbert + Tobin Gordon Smith, Independent Arbitrator Herbert Smith Freehills Maddocks Resource Dispute Resolution Pty Ltd Seven Wentworth Austria Becker Anton BLS Rechtsanwälte bpv Hugel Rechtsanwalte Dorda Brugger Jordis Rechtsanwälte GmbH Graf Patsch Taucher Rechtsanwälte Griss & Partner Hasch & Partner Anwaltsgesellschaft mbH Karasek Wietrzyk Konfliktkultur - Kulturkonflikt KWR Platte Rechtsanwalt SMP Schweiger Mohr Partner Rechtsanwälte Specht Böhm Rechtsanwalt GmbH Universität Wien Ürge & Cernohlávek Willheim Müller Rechtsanwälte Bahrain Zu’bi & Partners Belgium Altius Altius (in cooperation with Tiberghien) Afschrift Maritime Consultants Bvba Strelia Vera Van Houtte - Independent Arbitrator Wilmer Cutler Pickering Hale and Dorr LLP Bolivia Bufete Aguirre
Litigator of the Year: Australia Mediator of the Year: Australia Class Action Law Firm of the Year: Australia Overall Dispute Resolution Law Firm of the Year: Australia Arbitrator of the Year: Australia Insurance Disputes Specialist of the Year: Australia Employment Litigator of the Year: Australia Expert Determination Firm of the Year: Australia Maritime Disputes Barrister of the Year: Australia Cross Border Disputes Advisory Firm of the Year: Austria Litigation Law Firm of the Year: Austria Competition & Antitrust Dispute Specialist of the Year: Austria Arbitration Law Firm of the Year: Austria Banking & Finance Dispute Specialists of the Year: Austria International Claims Settlement Firm of the Year: Austria Employment Litigator of the Year: Austria Tax Disputes Specialist of the Year: Austria Mediator of the Year: Austria Overall Dispute Resolution Law Firm of the Year: Austria Boutique Dispute Resolution Law Firm of the Year: Austria Civil Arbitration Law Firm of the Year: Austria Civil Litigators of the Year: Austria Academic Institution of the Year: Alternative Dispute Resolution Intellectual Property Disputes Specialist of the Year: Austria Media Dispute Specialists of the Year: Austria Dispute Resolution Law Firm of the Year: Bahrain
Dispute Resolution Law Firm of the Year: Bolivia Litigation Law Firm of the Year: Botswana
Brazil Advocacia Waltenberg Cascione Pulino Boulos & Santos Chamber of Commerce Brazil-Canada Center for Arbitration and Mediation Escritório Jurídico Carbone Jose Emilio Nunes Pinto Advogados L.O. Baptista, Schmidt, Valois, Miranda, Ferreira, Agel Stocche Forbes Padis Filizzola Clápis Advogados TozziniFreire Advogados
Energy Disputes Litigator of the Year: Brazil Competition & Antitrust Litigator of the Year: Brazil Commitment to Excellence & Education: Dispute Resolution Institution of the Year Maritime Disputes Law Firm of the Year: Brazil Energy Disputes Arbitrator of the Year: Brazil Arbitration Law Firm of the Year: Brazil Litigation Law Firm of the Year: Brazil Tax Disputes Specialist of the Year: Brazil
Djingov Gouginski Kyutchukov & Velichkov Canada Allan S. Blott, Q.C., Professional Corporation of Lawyers Borden Ladner Gervais LLP
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McLauchlin & Associates McMillan LLP McMillan LLP McNamee Mediation Arbitration Michael Silver Mediator Inc. Miskin Law Offices Palaire Roland Rosenberg Rothstein Parker Mediation-Arbitration, Inc. Parker Mediation-Arbitration, Inc. Prof. Alan Levy Singleton Urquhart LLP Singleton Urquhart LLP Stern Landesman Clark LLP Stout Dispute Resolution Inc The Hon. Marc Lalonde, O.C. P.C. Q.C. Woods LLP Cayman Islands Appleby Walkers Chile CorreaGubbins Estudio Juridico Otero FerradaNehme
International Arbitration Specialist of the Year: Belgium Commercial Property Disputes Specialist of the Year: Belgium Tax Litigation Law Firm of the Year: Belgium Belgian Overseas Arbitration Specialist of the Year: London Mediation Specialist of the Year: Belgium Infrastructure Disputes of the Year: Belgium Competition & Antitrust Dispute Specialist of the Year: Belgium
Botswana Luke & Associates
Bulgaria Boyanov & Co
Geoffrey Vale, Arbitrator Hunter Litigation Chambers Kaufman Laramée Kelly International Settlement Services Inc.
Overall Dispute Resolution Law Firm of the Year: Bulgaria Financial Services Disputes Law Firm of the Year: Bulgaria Personal Injury Litigator of the Year: Canada Oil & Gas Disputes Law Firm of the Year: Canada
China Deacons Grandall Law Firm, China Haley & Co in association with Clayton Utz
Workplace Disputes Law Firm of the Year: Canada Shareholder Disputes Law Firm of the Year: Canada Securities Litigation Law Firm of the Year: Canada Professional Negligence Litigator of the Year: Canada Maritime Arbitrator of the Year: Canada Dispute Resolution Chambers of the Year: Canada Civil Litigator of the Year: Canada Transportation Disputes Specialist of the Year: Canada Construction Disputes Law Firm of the Year: Canada Insurance Litigator of the Year: Canada Competition & Antitrust Litigator of the Year: Canada Commercial Mediator of the Year: Canada Med-Arbs Specialist of the Year: Canada Asbestos-Related Litigator of the Year: Canada Bankruptcy and Insolvency Litigator of the Year: Canada Labour & Employment Dispute Specialist of the Year: Canada Third Party Investigator of the Year: Canada Collective Agreements Specialist of the Year: Canada Commercial Property Disputes Specialist of the Year: Canada Professional Liability Disputes Specialist of the Year: Canada Criminal Defence Law Firm of the Year: Canada Independent Investigator of the Year: Canada Commercial Arbitrator of the Year: Canada Boutique Dispute Resolution Law Firm of the Year: Canada Corporate Litigation Law Firm of the Year: Cayman Islands Insolvency Disputes Law Firm of the Year: Cayman Islands Boutique Dispute Resolution Law Firm of the Year: Chile Labour & Employment Dispute Specialist of the Year: Chile Economic Litigator of the Year: Chile
Lehman Lee & Xu University of Macau
Commercial Litigation Law Firm of the Year: China High Profile Case Litigators of the Year: China Infrastructure Disputes Law Firm of the Year: China Emerging Market Dispute Specialist of the Year: China Competition & Antitrust Dispute Specialist of the Year: China Dispute Resolution Law Firm of the Year: China Legal Faculty of the Year: Dispute Resolution
Colombia Palacios Lleras Triana, Uribe & Michelsen
Litigator of the Year: Colombia ADR Law Firm of the Year: Colombia
Croatia Divjak, Topic & Bahtijarevic Law Firm Wolf Theiss
Dispute Resolution Law Firm of the Year: Croatia Arbitrators of the Year: Croatia
Cyprus Montanios & Montanios LLC Tassos Papadopoulos & Associates
Maritime Dispute Specialist of the Year: Cyprus Banking Litigation Law Firm of the Year: Cyprus
Herbert Smith Freehills King & Wood Mallesons
Czech Republic Glatzová & Co Kotrlik Bourgeault Andrusko KPMG Peterka & Partners Pierstone Weinhold Legal
Dispute Resolution Law Firm of the Year: Czech Republic International Arbitration Law Firm of the Year: Czech Republic CEE Dispute Resolution Law Firm of the Year Shareholder Disputes Law Firm of the Year: Czech Republic Corporate Litigator of the Year: Czech Republic Domestic Disputes Law Firm of the Year: Czech Republic
2014 Dispute Resolution Awards | 47
Denmark Moalem Weitemeyer Bendtsen Ecuador Bustamante & Bustamante Egypt Ackad Law Office Nassar Law Zaki Hashem & Partners Estonia Eversheds Ots & Co Glikman Alvin & Partnerid Sorainen Finland Attorneys at Law Borenius Ltd Backström & Co Attorneys Kalliolaw Asianajotoimisto Oy Lindfors & Co Attorneys at Law Ltd Peltonen LMR Attorneys Ltd. Waselius & Wist France BDO France Bredin Prat Fourgoux et Associés K&L Gates King and Spalding Lamy & Associés Monsieur Pierre Borral, Arbitrator NomoS Philippe Leboulanger, Arbitrator Raffa, Ebeid and Partners Serge RUEL, Arbitrator Teynier, Pic & Associés UGGC Avocats French Polynesia Bredin Germany Anwaltskanzlei Straeter Arendts Anwälte Arnecke Siebold Rechtsanwälte Partnerschaftsgesellschaft Baker & McKenzie Bardehle Pagenberg Bird & Bird BMH Bräutigam & Partner Rechtsanwälte BridgehouseLaw BRV Law Clifford Chance CMS Hasche Sigle Cohausz & Florack Dabelstein & Passehl Dierks+Bohle Rechtsanwaelte Ehlers, Ehlers & Partner equidis.de FFW Freshfields Bruckhaus Deringer LLP Gleiss Lutz Gleiss Lutz Harmsen & Utescher Hengeler Mueller Kozianka Law L2C Rechtsanwaelte Naegele Kanzlei für Arbeitsrecht Noerr LLP PPR & PARTNER Pape Rauh Preu Bohlig & Partner RAUE LLP
Financial Services Disputes Law Firm of the Year: Denmark Dispute Resolution Law Firm of the Year: Ecuador Franchise Disputes Law Firm of the Year: Egypt Arbitration Team of the Year: Egypt Construction Disputes Law Firm of the Year: Egypt ADR Law Firm of the Year: Estonia Competition & Antitrust Disputes Law Firm of the Year: Estonia Litigation Firm of the Year: Estonia Financial Services Disputes Firm of the Year: Finland Litigation Law Firm of the Year: Finland Corporate Disputes Law Firm of the Year: Finland International Arbitration Specialist of the Year: Finland Dispute Resolution Law Firm of the Year: Finland Arbitration Law Firm of the Year: Finland Arbitration Support Firm of the Year: France Commercial Litigator of the Year: France Competition & Antitrust Litigator of the Year: France Dispute Resolution Law Firm of the Year: France Arbitration Specialists of the Year: France Contract Litigation Law Firm of the Year: France Economic Dispute Specialist of the Year: France Intellectual Property Litigator of the Year: France Cross Border Arbitrator of the Year: France Mediation Law Firm of the Year: France Public Contract Dispute Specialist of the Year: France Energy Litigation Law Firm of the Year: France International Disputes Law Firm of the Year: France
RAUE LLP RAUE LLP Scholtka & Partner Rechtsanwälte
Thümmel, Schütze & Partner, Rechtsanwälte
Energy Disputes Law Firm of the Year: Germany Mediator of the Year: Germany Regulatory Disputes Law Firm of the Year: Germany Environmental Dispute Specialist of the Year: Germany Mediation Law Firm of the Year: Germany European Disputes Law Firm of the Year: Germany Forensic Dispute Specialist of the Year: Germany
Gibraltar Massias & Partners
Dispute Resolution Law Firm of the Year: Gibraltar
Scholtka and Partner SKW Schwarz Rechtsanwälte Speckin, Dembski & Partner
Greece A&K Metaxopoulos and Partners Law Firm Bahas, Gramatidis & Partners KPP Law - Kerameus, Papademetriou, Papadopoulos Law Offices Lambadarios Law Firm PotamitisVekris PotamitisVekris V&P Law Firm V&P Law Firm Guatemala Consortium Centro America Abogados Mayora & Mayora Hong Kong Alan Leong SC’s Chambers David L. Kreider, International Arbitrator Des Voeux Chambers Gary Soo’s Chambers Parkside Chambers Philip Chan Associates Limited Squire Sanders Stephenson Harwood Tanner De Witt
Dispute Resolution Firm of the Year: French Polynesia Pharmaceutical Dispute Specialist of the Year: Germany Gaming Dispute Specialist of the Year: Germany Transportation Disputes Specialist of the Year: Germany Arbitration Law Firm of the Year: Germany Patent Prosecution Law Firm of the Year: Germany Dispute Resolution Law Firm of the Year: Germany Contract Litigation Law Firm of the Year: Germany Cross Border Disputes Advisory Firm of the Year: Germany Intellectual Property Disputes Law Firm of the Year: Germany Healthcare Dispute Law Firm of the Year: Germany US-Based Dispute Specialist of the Year: Germany Technical Arbitrator of the Year: Germany Logistics Dispute Specialist of the Year: Germany Professional Liability Dispute Specialist of the Year: Germany Life Science Litigators of the Year: Germany Independent Moderator of the Year: Germany National Court Litigator of the Year: Germany Large Scale Civil Disputes Law Firm of the Year: Germany Engineering Disputes Specialist of the Year: Germany Product Liability Specialist of the Year: Germany Trademark Dispute Specialist of the Year: Germany ADR Firm of the Year: Germany Chemical Disputes Specialists of the Year: Germany Maritime Disputes Law Firm of the Year: Germany Employment & Labour Dispute Specialist of the Year: Germany Banking Litigation Law Firm of the Year: Germany Directors and Officers Liability Specialist of the Year: Germany Drug Law Disputes Law Firm of the Year: Germany Arbitrator of the Year: Germany
Hungary Dr Nagy Judit Csilla Law Office Forgó, Damjanovic & Partners Law Firm Gárdos, Füredi, Mosonyi, Tomori Law Office Sándor Szegedi Szent-Ivány Komáromi Eversheds Iceland LOGOS Legal Services India Chitale & Chitale Partners Fox Mandal P&A Law Offices Poovayya & Co Inodensia Soewito Suhardiman Eddymurthy Kardono Ireland Ronan Daly Jermyn Israel Amit, Pollak, Matalon & Co. Eshel, Ashlagi, Rozent Heskia-Hacmun Law Firm S Horowitz & Co Yahia Salameh Abu Rmeileh Est. Italy Avvocati Associati Franzosi Dal Negro Pensato Setti Bonelli Erede Pappalardo Chamber of Arbitration of Milan CONCILIA, since 1999 conflict management and ADR
Dispute Resolution Law Firm of the Year: Greece Product Liability Specialist of the Year: Greece Competition & Antitrust Dispute Law Firm of the Year: Greece Arbitration Law Firm of the Year: Greece Cross Border Disputes Law Firm of the Year: Greece Employment & Labour Dispute Specialist of the Year: Greece Commercial Litigator of the Year: Greece Shareholder Disputes Law Firm of the Year: Greece Arbitration Law Firm of the Year: Guatemala Litigation Law Firm of the Year: Guatemala Construction Litigator of the Year: Hong Kong Cross Border Disputes Specialist of the Year: Hong Kong Arbitration Chambers of the Year: Hong Kong Civil Litigator of the Year: Hong Kong Insurance Litigator of the Year: Hong Kong Product Liability Specialist of the Year: Hong Kong Oil & Gas Disputes Law Firm of the Year: Hong Kong Financial Services Disputes Law Firm of the Year: Hong Kong Employment & Labour Dispute Specialist of the Year: Hong Kong Cross Border Dispute Law Office of the Year: Hungary Litigation Law Firm of the Year: Hungary Commercial Arbitration Law Firm of the Year: Hungary Labour & Employment Dispute Specialist of the Year: Hungary Dispute Resolution Law Firm of the Year: Iceland Competition & Antitrust Dispute Specialist of the Year: India Energy Disputes Law Firm of the Year: India Dispute Resolution Law Firm of the Year: India Litigation Support Law Firm of the Year: India Dispute Resolution Law Firm of the Year: Indonesia Employment Litigation Law Firm of the Year: Ireland Dispute Resolution Law Firm of the Year: Israel Competition Disputes Law Firm of the Year: Israel Litigators of the Year: Israel Cross-Border Disputes Law Firm of the Year: Israel Mediators of the Year: Israel Patent Litigation Law Firm of the Year: Italy Commercial Litigation Law Firm of the Year: Italy Arbitrators of the Year: Italy Sustained Excellence in Mediation: Italy
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48 | 2014 Dispute Resolution Awards
Maxxi Adr NCTM Studio Legale Associato Negri-Clementi Toffoletto Montironi & Soci Vitale & Partners Japan Hiratsuka & Co
Mediator of the Year: Italy Sustained Excellence in Litigation: Italy Aviation Disputes Law Firm of the Year: Italy
Nishimura & Asahi
Commercial Arbitration Law Firm of the Year: Japan Intellectual Property Dispute Specialist of the Year: Japan Commercial Litigation Law Firm of the Year: Japan
Kazahkstan Michael Wilson & Partners, Ltd.
Mining Disputes Law Firm of the Year: Kazakhstan
Kenya Mr. James Mangerere, Mediator your firm
Mediator of the Year: Kenya Arbitrator of the Year: Kenya
Nagashima Ohno & Tsunematsu
Kuwait ASAR - Al Ruwayeh & Partners Kyrgyzstan Mortimer Blake Law Lativia Attorneys at Law Borenius Kronbergs & Cukste Sorainen Lithuania Tark Grunte Sutkiene Tark Grunte Sutkiene Luxembourg Bonn Steichen & Partners Malaysia Jeff Leong, Poon & Wong Raja, Darryl & Loh Shearn Delamore & Co Shearn Delamore & Co Skrine, Advocates & Solicitors Mauritius Kailash Dabeesingh Arbitration Chambers Mexico Basham, Ringe y Correa, S.C. Miranda & Estavillo SC Müggenburg, Gorches, Peñalosa y Sepúlveda Namibia Koep & Partners Netherlands H. van der Tuin consultancy B.V. Houthoff Buruma MGON Mediation Groep Oost-Nederland Severijn Hulshof Advocaten New Zealand Bell Gully Danny Gelb, AREINZ AAMINZ, Mediator DLA Phillips Fox Kensington Swan Simpson Grierson Thorndon Chambers Nigeria Adeyemi-Akisanya Associates Akin Olawore & Co McCarthy Mbadugha & Co
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Commercial Litigation Law Firm of the Year: Kuwait Commercial Arbitration Law Firm of the Year: Kyrgyzstan Commercial Litigation Law Firm of the Year: Latvia Dispute Resolution Law Firm of the Year: Latvia Banking Disputes Law Firm of the Year: Latvia Dispute Resolution Law Firm of the Year: Lithuania Commercial Arbitration Law Firm of the Year: Lithuania Dispute Resolution Law Firm of the Year: Luxembourg Cross-Border Disputes Law Firm of the Year: Malaysia Technology Disputes Law Firm of the Year: Malaysia Corporate Litigation Law Firm of the Year: Malaysia Real Estate Disputes Law Firm of the Year: Malaysia Commercial Arbitration Law Firm of the Year: Malaysia Construction Disputes Law Firm of the Year: Mauritius Commercial Litigation Law Firm of the Year: Mexico Commercial Arbitration Law Firm of the Year: Mexico Constitutional Litigation Law Firm of the Year: Mexico
Pembroke Chambers Principles Law Partnership
Alternative Dispute Resolution Law Firm of the Year: Nigeria Arbitrators of the Year: Nigeria
Norway Advokatfirmaet Hjort Simonsen Vogt Wiig Simonsen Vogt Wiig Storeng, Beck & Due Lund Wikborg Rein
Dispute Resolution Law Firm of the Year: Norway Oil & Gas Disputes Law Firm of the Year: Norway Arbitration Law Firm of the Year: Norway Employment Litigator of the Year: Norway Litigation Law Firm of the Year: Norway
Pakistan Vellani & Vellani
Dispute Resolution Specialist of the Year: Pakistan
Panama Pardini & Asociados
Dispute Resolution Law Firm of the Year: Panama
Peru Bullard Falla Ezcurra Abogados Miranda & Amado Abogados
Arbitrator of the Year: Peru Commercial Litigators of the Year: Peru
Philippines Angara Abello Concepcion Regala & Cruz Law Offices
Dispute Resolution Law Firm of the Year: Philippines
Poland Wardynski & Partners
Litigator of the Year: Poland
Portgual Armando Henriques, Ana Cristina Pimentel & Associados – Sociedade de Advogados Franco Caiado Guerreiro & Associados José Miranda Dias & Associados - Sociedade de Advogados, RL Luis Miguel Amaral - Advogados / Lawyers Morais Leitão, Galvão Teles, Soares da Silva & Associados Morais Leitão, Galvão Teles, Soares da Silva & Associados PLMJ SRS Advogados Romania Adi Gavrilã Mediation Firm Rãzvan Dincã & AsociaÅ£ii Voicu & Filipescu SCA Russia DS Law.Attorneys Egorov Puginsky Afanasiev & Partners Khrenov and Partners Law Office Singapore Clasis LLC Drew & Napier LLC Equitas Chambers Pte. Ltd Focus Law Corporation Gateway Law Corporation
Dispute Resolution Law Firm of the Year: Namibia
Harry Elias Partnership LLP K&L Gates LLP
Corporate Mediator of the Year: Netherlands Financial Litigator of the Year: Netherlands Civil Mediator of the Year: Netherlands Construction Disputes Law Firm of the Year: Netherlands
K&L Gates LLP
Litigation Law Firm of the Year: New Zealand Mediation Specialist of the Year: New Zealand Insurance Litigators of the Year: New Zealand Financial Services Disputes Law Firm of the Year: New Zealand Intellectual Property Dispute Specialist of the Year: New Zealand Arbitrator of the Year: New Zealand
Stamford Law Corporation
Mediators of the Year: Nigeria Real Estate Dispute Specialists of the Year: Nigeria International Trade Disputes Law Firm of the Year: Nigeria
Loo & Partners LLP Messrs. Aequitas Law LLP RHT Law Taylor Wessing
Stephenson Harwood LLP Tiberias Management Consultants Pte. Ltd. Slovakia Weinhold Legal South Africa Bowman Gilfillan
Shipping Disputes Law Firm of the Year: Portugal Litigators of the Year: Portugal Arbitrator of the Year: Portugal Dispute Resolution Law Firm of the Year: Portugal ADR Law Firm of the Year: Portugal Criminal Litigator of the Year: Portugal Mediation Law Firm of the Year: Portugal Cross Border Disputes Law Firm of the Year: Portugal Mediator of the Year: Romania Arbitrator of the Year: Romania Real Estate Dispute Specialists of the Year: Romania Real Estate Dispute Specialists of the Year: Russia Dispute Resolution Law Firm of the Year: Russia Litigation Law Firm of the Year: Russia Domestic Disputes Law Firm of the Year: Singapore Corporate Litigation Law Firm of the Year: Singapore Mediation Specialist of the Year: Singapore Boutique Dispute Firm of the Year: Singapore Intellectual Property Dispute Law Firm of the Year: Singapore Civil Litigator of the Year: Singapore Insurance Disputes Specialist of the Year: Singapore Cross-Border Disputes Specialist of the Year: Singapore Commercial Dispute Specialists of the Year: Singapore Adjudication Law Firm of the Year: Singapore International Disputes Law Firm of the Year: Singapore Maritime Disputes Law Firm of the Year: Singapore Arbitration Law Firm of the Year: Singapore High Value Dispute Specialist of the Year: Singapore Dispute Resolution Law Firm of the Year: Slovakia Dispute Resolution Law Firm of the Year: South Africa
2014 Dispute Resolution Awards | 49
Knowles Husain Lindsay Legal and Labour Law Advisory Service Spain Amat i Vidal-Quadras Advocats
Corporate Litigator of the Year: South Africa Employment Litigation Law Firm of the Year: South Africa
Herbert Smith Freehills Moscardó Abogados SLP Perez Albors & Co. Uria Menendez
Intellectual Property Disputes Law Firm of the Year: Spain Civil Litigation Law Firm of the Year: Spain International Arbitration Law Firm of the Year: Spain Dispute Resolution Law Firm of the Year: Spain Litigation Law Firm of the Year: Spain Shipping Disputes Law Firm of the Year: Spain Shareholder Disputes Law Firm of the Year: Spain
Sri Lanka Nithya Partners Path & Co Consultancy
Litigation Law Firm of the Year: Sri Lanka Dispute Resolution Specialist of the Year: Sri Lanka
Gomez-Acebo & Pombo Abogados, S.L. Gomez-Acebo & Pombo Abogados, S.L.
Sweden Advokatfirman Delphi Elmzell Advokatbyrå Hamilton Advokatbyrå Mannheimer Swartling Advokatbyrå MAQS Law Firm Setterwalls Switzerland AGON Partners CMS von Erlach Poncet CMS von Erlach Poncet Dr.Hans Rudolf Steiner LLM, Attorney-at-Law, independent Arbitrator. Etude de Me Sebastien Fanti gbf Gerspacher Bell Fankhauser GTLaw Jeremy Lack Esq Lévy Kaufmann-Kohler LHA MENTHA Suter Howald Attorneys at Law WunschARB Sàrl
Insurance Disputes Law Firm of the Year: Sweden Labour & Employment Dispute Specialist of the Year: Sweden Banking & Finance Dispute Specialists of the Year: Sweden Arbitration Law Firm of the Year: Sweden Dispute Resolution Law Firm of the Year: Sweden Litigation Law Firm of the Year: Sweden Competition & Antitrust Law Firm of the Year: Switzerland Joint Venture Disputes Law Firm of the Year: Switzerland Dispute Resolution Law Firm of the Year: Switzerland International Arbitration Specialist of the Year: Switzerland Litigator of the Year: Switzerland Domestic Disputes Law Firm of the Year: Switzerland Financial Disputes Law Firm of the Year: Switzerland Mediator of the Year: Switzerland International Investment Arbitrators of the Year: Switzerland Real Estate & Construction Disputes Law Firm of the Year: Switzerland International Trade Disputes Law Firm of the Year: Switzerland Contract Disputes Law Firm of the Year: Switzerland Cross Border Disputes Law Firm of the Year: Switzerland
Taiwan Tsar & Tsai Law Firm
Dispute Resolution Law Firm of the Year: Taiwan
Thailand Tilleke & Gibbins
Dispute Resolution Law Firm of the Year: Thailand
Turkey Bennar Balkaya BridgehouseLaw
Arbitrator of the Year: Turkey Litigation Law Firm of the Year: Turkey
UAE Axis Auditing & Accounting International Law Firm Mizzau Hadef & Partners UK 11 Stone Buildinga 12 King’s Bench Walk 48 Bedford Row Alternative Costs AMC Economics LLP Andrew Jackson Ashurst LLP Ben Quinn Berg Legal Bonaccord Ecosse Limited Carter Perry Bailey LLP CEG Europe
Arbitrator of the Year: UAE Intellectual Property Disputes Law Firm of the Year: UAE Litigator of the Year: UAE Private Client Dispute Litigators of the Year: the UK Personal Injury Litigator of the Year: UK LLP Litigator of the Year: UK Law Costs Draftsman of the Year: UK Competition & Antitrust Dispute Specialists of the Year: UK Shareholder Disputes Specialist of the Year: UK M&A Disputes Specialist of the Year: UK Technology Disputes Firm of the Year: UK Mis-Sold Interest Rates Disputes Firm of the Year: UK Life Sciences Dispute Specialist of the Year: UK Reinsurance Disputes Specialist of the Year: the UK Commercial Damages Firm of the Year: UK
Charles Brown Solicitors
Woodsford Litigation Funding Limited
Project Finance Dispute Specialists of the Year: UK Independent Mediator of the Year: UK Employment Mediators of the Year: UK Property Litigation Firm of the Year: UK Equality Disputes Specialist of the Year: UK Matrimonial Finance Dispute Resolution Specialist of the Year: UK International Trade Disputes QC of the Year: UK HR Disputes Firm of the Year: UK Energy Arbitrator of the Year: UK Agricultural Arbitrator of the Year: UK Multi-Party Mediator of the Year: UK Litigation Funding Specialist of the Year: UK Contractual Claims Firm of the Year: UK Expert Witness of the Year: the UK Copyright Dispute Specialist of the Year: UK Family Mediator of the Year: UK Injunction Specialist Law Firm of the Year: UK Real Estate & Property Arbitrator of the Year: UK Personal Insolvency Disputes Firm of the Year: UK Manufacturing Dispute Specialist of the Year: UK Demurrage Dispute Specialist of the Year: UK Board Room Disputes Specialist of the Year: UK Cross-Border Independent Expert of the Year: UK Media & Entertainment Disputes Law Firm of the Year: UK Legal Budgets Specialists of the Year: UK Professional Negligence Litigator of the Year: UK Primary Care Trust Dispute Firm of the Year: UK Shipping Disputes Firm of the Year: UK Maritime M&A Disputes Firm of the Year: UK Independent Construction Adjudicator of the Year: UK Construction & Engineering Mediator of the Year: UK IT Litigator of the Year: UK Online Defamation Disputes Specialist: UK Energy Disputes Firm of the Year: UK Chancery Disputes Specialist of the Year: UK International Arbitration Chambers of the Year: UK Domestic Commercial Litigation Firm of the Year: UK Conditional Fee Dispute Specialist of the Year: UK Redundancy Dispute Firm of the Year: UK Valuation Disputes Specialist of the Year: UK Leading Expert Witness: Damages Assessment in Antitrust Litigation Transport Dispute Chambers of the Year: UK Expert Determination Specialist of the Year: UK High Value Funding Specialists of the Year: UK Agriculture Disputes Firm of the Year: UK Financial Services Disputes Law Firm of the Year: the UK EU Disputes Specialist of the Year: UK Maritime Arbitrator of the Year: UK Workplace Mediation Firm of the Year: UK Clinical Negligence Arbitrator of the Year: UK Contentious Probate Firm of the Year: UK Residential Leasehold Disputes Specialist of the Year: UK International Arbitration Funders of the Year: UK
Ukraine Grischenko & Partners Vasil Kisil & Partners
Arbitrators of the Year: Ukraine Dispute Resolution Law Firm of the Year: Ukraine
DAG Mediation Deal Mediation Services Dewar Hogan Edward Legard, Mediator Elissa Da Costa-Waldman, Barrister Paul Key QC (Essex Court Chambers) Gateley Geoffrey M. Beresford Hartwell George F White Group Gill Mansfield - Commercial Mediation Goodwin Malatesta Legal Costs Services Gosschalks Sir Alan Traill – Granary Plc Greater London and East Anglia Mediation LLP Green Chameleon: Mediation gunnercooke LLP Haslams Surveyors LLP Horsey Lightly Fynn Ian Strathdee Consultancy Interlink International Trading (UK) Limited Jane M Cooksey Mediator KPMG LLP Lee & Thompson LLP Legal Budget & Costs Management Littleton Chambers Lockharts Loudouns LSLC - Maritime Business Forum Mark Entwistle Mark Mattison - Accredited Mediator Martin Kaye Solicitors Mills Selig NERA Economic Consulting Nicklaus Thomas-Symonds No5 Chambers Olswang Palmyra Chambers PJH Law Stamford PricewaterhouseCoopers LLP PwC Quadrant Chambers R. J. Davis Ltd REDRESS SOLUTIONS LLP Rollits LLP York Rosling King LLP Simmons & Simmons Stone Chambers The TCM Group Thirty Nine Essex Street TWM Solicitors Winckworth Sherwood LLP
USA Accormend Associates Inc. ADR Toolbox Arbitrator Robert Douglas Asmar, Schor & McKenna, PLLC AzuRe Advisors, Inc. Barbara Weisman, Esq. Benz ADR Bryan Cave Carey Perkins LLP Charles River Associates Cokinos Bosien & Young Coleman & Horowitt, LLP Comeau Arbitration Services Inc Cox Castle & Nicholson LLP Cozen O’Connor
Mediator of the Year: Maryland Mediator of the Year: Texas Arbitrator of the Year: New York Maritime Claims Specialist of the Year: Washington, DC Insurance Disputes Specialist of the Year: USA Mediator of the Year: New Jersey Arbitrator of the Year: California Labour & Employment Disputes Firm of the Year: Missouri International Litigation Firm of the Year: USA Regulatory Disputes Specialist of the Year: Texas Civil Litigator of the Year: Texas Complex Commercial Litigator of the Year: California Reinsurance Arbitrator of the Year: California Securities Litigator of the Year: California International Arbitration Law Firm of the Year: USA
www.acquisition-intl.com
50 | 2014 Dispute Resolution Awards
Dan Tan Law Debevoise & Plimpton Decision Quest Dentons Donahue, Durham and Noonan, P.C. Duke Law School EBANKS HORNE ROTA MOOS LLP Economists Incorporated EDG Partners Ellis & Winters EpsteinBeckerGreen Feder Law Firm GableGotwals Glankler Brown Global Resolutions, PLLC Gonzalez Saggio & Harlan LLP Greenberg Traurig, LLP Harens Mediation Heley, Duncan & Melander, PLLP Heninger Garrison Davis, LLC Jerry Knafo, Esq. Joe H Henderson Joel Levine, Esq. John E Sands Arbitrator K & L Gates LLP Kaplan Massamillo & Andrews Kastner Kim, LLP Kilpatrick Townsend & Stockton LLP Knafo Law Offices Kutak Rock LLP Laurie & Laurie P.A. Law Office of David Steinfeld, P.L. Law Office of Irene C. Warshauer Law Offices of Denise Smith Cline, PLLC Law Offices of Leon M. Rosenblatt Lether & Associates, PLLC Lommen Abdo, P.A. Marks ADR LLC Maslyn Law Mayer Brown Mediation Works Incorporated (MWI) Melinda G. Jayson, P.C. Mewes & Steinfeld Miller, Canfield, Paddock & Stone, P.L.C. Monteleone & McCrory LLP Mound Cotton Wollan & Greengrass Navigant Consulting, Inc. Nixon Peabody, LLP Nymaster, Goode, West, Hansell & O’Brien, P.C. Office of Daniel H. Margolis O’Melveny & Myers O’Neil, Cannon, Hollman, De Jong, SC Otterbourg P.C. Palmer Mediation LLC Parker A. Denaco, Arbitrator Pepper Hamilton PMA Dispute Resolution Robins, Kaplan, Miller & Ciresi L.L.P. Rogers Joseph O’Donnell Rose Law Firm Rouda, Feder, Tietjen & McGuinn Schiff Hardin LLP Shafer Glazer, LLP Shapiro, Galvin, Shapiro & Moran Simon Peragine Smith & Redfeam Simpson Thacher & Bartlett LLP Simpson Thacher & Bartlett LLP Skadden Arps Steve Rottman Mediation Susan Grody Ruben, Mediator & Arbitrator The Mediation Offices of Lee Jay Berman Thomas F. Levak, Arbitrator & Mediator
www.acquisition-intl.com
Boutique Disputes Firm of the Year: USA Competition & Antitrust Litigator of the Year: New York Alternative Dispute Resolution Specialist of the Year: California Insurance Litigation Firm of the Year: Illinois Civil Litigator of the Year: Connecticut Mediator of the Year: North Carolina Hurricane Litigation Firm of the Year: Texas Damages Analysis Firm of the Year: Washington, DC Healthcare Dispute Firm of the Year: Georgia Litigator of the Year: North Carolina Employment Litigator of the Year: New York Civil Litigator of the Year: Colorado Litigator of the Year: Oklahoma Conflict Management Firm of the Year: Tennessee Dispute Resolution Specialist of the Year: Michigan ADR Firm of the Year: Wisconsin Cross Border Litigator of the Year: USA Complex Civil Litigator of the Year: USA ADR Law Firm of the Year: Minnesota Personal Injury Litigator of the Year: Alabama Personal Injury Litigator of the Year: USA Mediator of the Year: California Arbitrator of the Year: Florida Labour & Employment Dispute Specialist of the Year: New Jersey Criminal Defence Law Firm of the Year: the USA Litigation Law Firm of the Year: Illinois Shareholder Disputes Firm of the Year: California Litigator of the Year: Washington, DC Personal Injury Litigator of the Year: Pennsylvania Mediators of the Year: Nebraska Employment Litigators of the Year: Minnesota Real Estate Litigators of the Year: Florida Shareholder Disputes Specialist of the Year: New York ADR Law Firm of the Year: North Carolina Labour & Employment Dispute Specialist of the Year: Connecticut Insurance Litigator of the Year: Washington Personal Injury Litigator of the Year: Minnesota ADR Firm of the Year: Maryland Franchise Disputes Firm of the Year: Virginia Financial Services Disputes Firm of the Year: Illinois Mediation Training Firm of the Year: USA Complex Business Disputes Specialist of the Year: Texas Real Estate & Construction Disputes Law Firm of the Year: California Employment & Labour Disputes Specialist of the Year: Michigan Contract Litigator of the Year: California Reinsurance Mediators of the Year: USA Construction Litigator of the Year: USA Class Action Law Firm of the Year: USA Litigator of the Year: Iowa Arbitrator of the Year: Washington, DC Employment Discrimination Law Firm of the Year: New York Litigators of the Year: Wisconsin Litigation Law Firm of the Year Mediator of the Year: Kansas Arbitrator of the Year: New Hampshire Litigator of the Year: Pennsylvania Employment Discrimination Specialist of the Year: California Patent Litigation Law Firm of the Year: New York Public Contract Dispute Specialist of the Year: California Insurance Defence Specialists of the Year: Arkansas Personal Injury Litigator of the Year: California Construction Mediator of the Year: Illinois Appellate Law Firm of the Year: USA Estate Litigators of the Year: California Dispute Resolution Law Firm of the Year: Louisiana Banking Disputes Law Firm of the Year: New York Securities Litigation Firm of the Year: New York Intellectual Property Litigation Law Firm of the Year: USA Most Trusted Mediator: USA Arbitrator of the Year: Ohio Negotiator of the Year: California Public Sector Arbitrator of the Year: California
TraskBritt, P.C. Tsao-Wu, Chow & Yee LLP UHY Advisors FLVS Inc Vestevich, Mallender,mm DuBois & Dritsas, PC Vinson & Elkins LLP Vinson & Elkins LLP Wheeler Associates Wilmer Cutler Pickering Hale and Dorr LLP Wilson Elser Moskowitz Edelman & Dicker LLP Wolf & Shore, LLC
Dispute Resolution Law Firm of the Year: Utah Civil Litigator of the Year: California Arbitrator of the Year: Texas Most Reasoned Arbitrator: the USA Tort Specialist of the Year: Texas Toxic Tort Litigators of the Year: Texas Maritime Disputes Specialist of the Year: Connecticut Most Feared Litigator Litigator of the Year: Massachusetts Family Disputes Firm of the Year: Connecticut
Venezuela Centro Arbitraje Camara de Caracas Torres Plaz & Araujo
Arbitrators of the Year: Venezuela Litigators of the Year: Venezuela
Vietnam VCI Legal
Dispute Resolution Law Firm of the Year: Vietnam
A law firm for lifescience and other innovative businesses Helping Life Science Businesses Make The Most Of Their New Ideas Bonaccord is an award winning law firm specialising in the life sciences. We help innovative businesses maximise the commercial value of their technologies. The life sciences sector is highly specialised with unique challenges. Our insightful support and understanding of the industry, based on many years’ experience, aims both to protect your interests and support you in seeing your idea to market. This applies whatever stage your business has reached – whether you’re a one-man consultancy needing advice on setting up, or a huge multinational searching for experts to deliver specialist legal advice. Our clients include companies in the following sectors: l Pharmaceuticals l Genetics l Biochemistry l Biotechnology l Bioengineering l medical devices l Cosmetics l Infomatics l Engineering l Innovative foods l Heritage and traditional foods Bonaccord is based in Edinburgh, and works with clients all over the UK as well as globally. Our services also include training in legal business skills, carrying out commercial mediation and acting as a notary public in Scotland. Bonaccord was founded by life sciences lawyer Patricia Barclay.
+44 131 202 6527 enquiries@bonaccord.eu
www.bonaccord.eu