DOCSLIB.ORG

THE RISE of a DISPUTES SUPERPOWER JAMS Redbus CDR Layout 1 08/04/2013 12:44 Page 1

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
THE RISE of a DISPUTES SUPERPOWER JAMS Redbus CDR Layout 1 08/04/2013 12:44 Page 1 COMMERCIAL DISPUTE RESOLUTION www.cdr-news.com July-August 2013 E-DISCOVERY Litigation and Big Data THE UK & IRELAND Are whistleblower bounties on the cards? Commercial Dispute Resolution ARBITRATION CDR Reasoned awards and recast Regulations www.cdr-news.com Volume 4, Issue 4 July-August 2013 LATIN AMERICA: A NEW AGE THE RISE OF A DISPUTES SUPERPOWER JAMS_RedBus_CDR_Layout 1 08/04/2013 12:44 Page 1 ® TM Experts in Mediation & Arbitration Worldwide™ Experts in mediation and arbitration,from the UK to the US. One of the most trusted routes to successful mediation and arbitration is to make the journey with JAMS International. As part of JAMS, a world-leading dispute resolution provider, our 300+ expert panellists operate in over 40 countries. All seasoned professionals, with international experience and a thorough understanding of local cultures, customs, and languages, they handle over 12,000 disputes a year. With our talented people and sophisticated case management system, we can provide you and your clients with the most time-efficient and cost-effective dispute resolution service in any sector, anywhere in the world, at any time. For more information, talk to Matthew Rushton on +44 207 583 9808 or visit www.jamsinternational.com London G Amsterdam G Dublin G Milan G New York G Rome Commercial Dispute Resolution JULY-AUGUST 2013 03 BRICWALLS o recent demonstrations in Brazil, the biggest and Argentina now regularly grapple with complex questions there for more than two decades, point to a of arbitral law, while Colombia’s new statute also provides wider malaise in the country once seen as the much-needed provisions on international arbitration. BRICS’ wunderkind? Growth, at 3%, is hardly The continent’s influence is similarly to the fore at the World sluggish by Western standards. Yet the spectre Trade Organization, whose new head, Roberto Azevêdo, is the of inflation and flagging competitiveness first Latin American to lead the body in its 18-year history. Dcompound foreign investors’ concerns over corporate Besides dragging the Doha Round of trade talks from the governance and political corruption as Brazil gears up to host long grass, Azevêdo wants the WTO’s developing country the world’s two flagship sporting events, the first of which – members to have a greater say in its future policy direction the 2014 FIFA World Cup – kicks off in less than a year. – no easy task, given that the US and EU continue to dictate When it comes to dispute resolution, though, there’s little much of the agenda, including the filing of disputes, at the to protest. The Calvo Doctrine, which at one time permeated Geneva-headquartered institution. An in-depth look into the continent’s thinking, has largely lost its influence among the challenges facing Azevêdo can be found on page 23. both jurists and policy-makers in Latin America – save for Your feedback continues to prove invaluable. Is there recent denouncements of the World Bank arbitration system something you’d like to see us covering more? Do get by Bolivia, Ecuador and Venezuela. Indeed, courts in Brazil in touch; we’d be delighted to hear from you. Edward Machin Editor [email protected] CCommercialD DisputeR Resolution www.cdr-news.com Contents 04 THIS ISSUE NEWS EUROPE Debate rages on over whether the UK should adopt US-style class-actions; Europe’s top anti- 06 fraud watchdog under pressure NEWS AMERICAS US appeals court throws out Motiva’s IP claim against Nintendo’s Wii platform; ICC boosts 08 presence in the Americas with Canadian MOU NEWS AFRICA & MIDDLE EAST State-owned Kuwaiti firm pays Dow Chemical Company USD 2.2 billion; Libya to pay out USD 10 930 million under Arab League treaty NEWS ASIA-PACIFIC Panel constituted for the Philippine-China maritime boundary dispute; Australia’s two richest women win 12 royalties battle against mining titan Rio Tinto 14 PEOPLE & FIRMS 16 CONFERENCE DIARY Editor Distribution Manager Group Consulting Editor Edward Machin Mark Carroll Alan Falach [email protected] [email protected] [email protected] Consulting Editor Associate Publisher Group Publisher Ben Rigby Alex Fetrot Richard Firth [email protected] [email protected] [email protected] Staff Writer Account Manager Group Editor Tom Moore Kevin Byrne Fraser Allan ISSN: 2044-5121 [email protected] [email protected] [email protected] Staff Writer Dahlia Belloul [email protected] Published by © 2013 Global Legal Group Ltd. All rights reserved. Global Legal Group Ltd This publication is for general information purposes only. It does not purport to 59 Tanner Street provide comprehensive full legal or other advice. Global Legal Group Ltd. and the contributors London SE1 3PL, UK accept no responsibility for losses that may arise from reliance upon information contained in this publication. This Tel: +44 20 7367 0720 publication is intended to give an indication of legal issues upon which you may need advice. Full legal advice should be Fax: +44 20 7407 5255 taken from a qualified professional when dealing with specific situations. www.glgroup.co.uk Commercial Dispute Resolution JULY-AUGUST 2013 05 LATIN AMERICA Jorge Perez Vera of Total Raffinage Marketing considers the ramifications of Colombia’s new arbitration law; WTO’s new director-general faces tough challenges; Baker & McKenzie and Trench, Rossi e Watanabe Advogados look at recent regional 17 arbitration developments THE UK AND IRELAND Scotland and Ireland lay down the gauntlet to England’s arbitration dominance; Unlocking Disputes – the story so far; 31 US-style bounties for UK whistleblowers on the horizon? E-DISCOVERY AND COMPLIANCE Preparing for litigation and regulatory e-disclosure in the age of Big Data; Jackson Reforms narrow e-discovery in England; 45 FTI Consulting puts the Libor scandal under the microscope INTERNATIONAL ARBITRATION Vinge argues that arbitrators can do more to ensure high- quality awards through reasoned explanation; WilmerHale 61 looks at West Tankers and the Recast Brussels I Regulation FINANCIAL LITIGATION George Z. Georgiou of George Z. Georgiou & Associates examines the recent judgment by the Supreme Court of 70 Cyprus on the status of bailout Decrees 75 CROSS-BORDER LITIGATION 80 MEDIATION CDR Editorial Board Europe UK & Ireland USA Jean-François Bellis Van Bael & Bellis Juliet Blanch Weil, Gotshal & Manges Doak Bishop King & Spalding Martin Burkhardt Lenz & Staehelin Gary Born WilmerHale Peter Calamari Quinn Emanuel Gönenç Gürkaynak ELIG Richard East Quinn Emanuel Robert Giuffra Sullivan & Cromwell Daniel Hochstrasser Bär & Karrer Ted Greeno Herbert Smith Freehills Robert J Gunther Jr WilmerHale José-Miguel Judice PLMJ Graham Huntley Signature Litigation Grant Hanessian Baker & McKenzie Jes Anker Mikkelsen Bech-Bruun Rosemary Jackson QC Keating Chambers Chris Paparella Hughes Hubbard and Reed Harmen de Mol van Otterloo NautaDutilh Andrew Lenny Arthur Cox James Quinn Weil, Gotshal & Manges Michel Pitron Gide Loyrette Nouel Bruce Macaulay Skadden Tim Portwood Bredin Prat Penny Madden Skadden Asia-Pacific Jakob Ragnwaldh Mannheimer Swartling Jane Player King & Spalding Jonathan Leach Hogan Lovells Lee & Lee Benedikt Spiegelfeld CHSH Sue Prevezer QC Quinn Emanuel C Rashmikant Federal & Rashmikant Irene Welser CHSH Jeremy Sandelson Clifford Chance Kyle Wombolt Herbert Smith Freehills Gerold Zeiler schönherr Craig Tevendale Herbert Smith Freehills Russia & CIS Dmitry Dyakin Egorov Puginsky Afanasiev www.cdr-news.com News & analysis 06 EUROPE EUROPE UNITED KINGDOM The case for class-actions While a recent survey shows that more than half of UK consumers are against US-style class-actions, American lawyers say their costly system gives access to justice where regulators have been soft he US Chamber Institute for “We will resist any efforts to introduce US- Legal Reform, a business body style class-actions into consumer redress, aggrieved by frivolous and which risks fuelling a litigation culture excessive lawsuits in the US, and making the UK a worse place to found that Britons are against do business.” adopting American-style Almost 60% of British businesses were legal reforms. concerned that lawyers received too The UK government revealed its draft big a share of the damages in the US, Consumer Rights Bill in the Queen’s Speech and that a change in the law could cost Ton 8 May 2013. The Bill, which will enable billions of pounds in lawsuits, the ILR, opt-out collective actions where breaches which is affiliated with the US Chamber of of consumer or competition law are said to Commerce, found. have taken place, is seen as a cultural pivot “The introduction of opt-out class- towards the billion-dollar cases that are actions in the UK could open the floodgates commonplace in the US. to US-style collective action law suits, and Although the Bill focuses on the possibility of a burgeoning market in compensation for low-value products spurious litigation in Britain, driven by a fast- and services while disentangling eight expanding legal sector allied to a litigation overlapping laws for the digital age, CBI funding industry that is reaching maturity,” director-general John Cridland warned: said Lisa Rickard, president of the ILR. Commercial Dispute Resolution JULY-AUGUST 2013 07 However, despite the general public’s fear of a compensation EUROPEAN UNION culture, legal services firm Goal predicts non-US securities class- actions settlements to rise to USD 8.3 billion a year by 2020, up The case for class-actions from the USD 18 billion agreed between 2000 and 2012. EU loses fraud fight Goal’s CEO Stephen Everard says these financial fraud cases are “increasing rapidly” and believes “class-action growth outside of the OLAF, the European Anti-Fraud US will mirror the growth of the US class-action scene in the early part of the 21st century.” Office, remains under pressure to This international diversification follows the ruling in the NAB v prevent fraud eating away at the Morrison US Supreme Court case in June 2010, which barred all European economy federal securities fraud suits in the US for securities traded on a foreign stock exchange.
Load more

Recommended publications
  • Partner Moves September
    Lateral Partner Moves in London September/October 2015 REPRESENTATION – SEARCH – TEAM MOVES WWW.EDWARDSGIBSON.COM Addleshaw Goddard head of property finance, following eleven years at Angus Gill, who was of counsel in the finance Glovers Solicitors. department at Hogan Lovells, joins the London banking team at Addleshaw Goddard as a partner. Brown Rudnick Brown Rudnick has hired its first employment Allen & Overy partner into the London office. Nicola Kerr joins the The firm fortifies its real estate finance practice with firm from King Wood & Mallesons where she was the appointment of structured finance specialist European head of employment. Lucy Oddy. Oddy joins from Latham & Watkins to advise on a broad range of structured finance and Clifford Chance securitisation transactions. Bringing a focus on public and private international law, Jessica Gladstone joins the disputes practice of ARC Pensions Law this magic circle firm. Formerly at Debevoise & This roundup sees Anne-Marie Winton join recently Plimpton, Gladstone leaves her role as international established boutique law firm ARC Pensions Law. counsel and joins Clifford Chance as a partner. Winton, a specialist with almost twenty years’ experience of commercial pensions transactions, Clyde & Co joins from Nabarro. Richard Power, formerly arbitration co-head at Berwin Leighton Paisner, joins the global arbitration Baker & McKenzie practice at Clyde & Co. Baker & McKenzie welcomes data protection specialist Dyann Heward-Mills to its privacy practice. CMS Cameron McKenna Heyward-Mills leaves his role as in-house global Milbank, Tweed, Hadley & McCloy senior associate senior privacy counsel at GE Capital. Satyen Dhana joins the competition team at CMS Cameron Mckenna as a partner.
    [Show full text]
  • Paterson Get Convivial Early in the Evening SYLA Turns + When I Grow Older
    SUMMER 2014 } the Leader 03 Classy Kids at the Free Kicks and The New 40 - Two Traverse Theatre Changing Lives Presidents Celebrate the SYLA’s birthday 2 3 + Time present and time past Walter McGill, S THat RARE BEAST, A POET WHO A feature in this edition on Sarah Kemp and her Chairperson and Kenny LOVED WORKING WITH NUMBERS brand of training within Scott + Co reminds us too Cameron, Youth DURING HIS TIME at THE baNK, that the future of this company, like all others, rests Work Manager – keeping goal at ATS Eliot IS A favoURITE OF THIS on the constantly developing skills and enthusiasm Spartans FC COLUMN. AND WHO CAN ARGUE WITH of its staff. Sarah is, of course, involved with slightly THOSE SENTIMENTS. OUR FUTURE IS more mature learners than the Traverse or Spartans, FORMING ALL aroUND US AND IT taKES but she brings the same principles of challenge and A particULAR BRAND OF NortHERN engagement to her work. FATALISM to BELIEVE THat WE ARen’T The economic prospects of this country depend PART OF THE procESS OF SHAPING OUR on many factors, but without our brightest and best PERSONAL DESTINY. young professionals we start to look more Celtic In a summer full of raging debate about our national tabby than Celtic tiger. Alex Lamley, Rising Star at destiny, questions about where our future lies have the 2014 Scott + Co Scottish Legal Awards, has David McLaughlin never been more stark or urgent. And while there the glass-ware to prove he’s in the brightest and has often been more foam than facts, the options best category.
    [Show full text]
  • Filling the Gap and Gaining Experience
    Filling the Gap and Gaining Experience - advice from a group of commercially focused lawyers and the Careers Service Use this leaflet if you are: - A graduate who has had their traineeship deferred and is looking to make good use of their time - a Diploma student or graduate looking for a traineeship - an undergraduate looking to gain experience to help you stand out in today’s competitive traineeship market A group of commercial law firms answered the three questions below and gave the following advice for making the most of a gap year, and gaining experience. 1. What tips would you give to graduates with a year (or more) to fill due to a deferred traineeship? • Do something constructive that will help them to develop as a person, be it travel, charity work, work experience - a break like that is not likely to arise again in their professional career so it should be used wisely and the time should be appreciated. • Try to be positive – see this as an opportunity. Make the most of the time you have, think of the time as an opportunity to develop yourself further rather than a negative turn in your career path. • Studying an LLM can be a good selling point but employers are likely to rate a period of work in a relevant business as highly as a taught LLM. • Possibly enquire as to whether any of the firm’s clients have any job opportunities available. • Look for pro bono opportunities or take time out to achieve personal goals such as learning a language.
    [Show full text]
  • CJSM Update at 24 May 2013
    Organisation Name Town/City Secure eMail Address A Ritchie GLASGOW [email protected] A.C. Miller & Mackay PERTH & KINROSS [email protected] A.C. Miller & Mackay PERTH & KINROSS [email protected] A.C. Miller & Mackay PERTH & KINROSS [email protected] A.C. Miller & Mackay PERTH & KINROSS [email protected] A.J. Gordon & Co GLASGOW [email protected] Aamer Anwar & Co GLASGOW [email protected] Aamer Anwar & Co GLASGOW [email protected] Aamer Anwar & Co GLASGOW [email protected] Aamer Anwar & Co GLASGOW [email protected] Aberdein, Considine & Co. ABERDEEN [email protected] Aberdein, Considine & Co. ABERDEEN [email protected] Aberdein, Considine & Co. ABERDEEN [email protected] Aberdein, Considine & Co. ABERDEEN [email protected] Adams Whyte EDINBURGH [email protected] Alex Muir NORTH AYRSHIRE [email protected] Alex. Brown & Co. HIGHLAND [email protected] Allan Kerr EAST AYRSHIRE [email protected] Anderson Shaw & Gilbert [email protected] Anderson Shaw & Gilbert [email protected] Anderson Shaw & Gilbert [email protected] Anderson Strathern LLP EDINBURGH [email protected] Anderson Strathern LLP EDINBURGH [email protected] Anderson Strathern LLP EDINBURGH [email protected] Anderson Strathern LLP EDINBURGH [email protected]
    [Show full text]
  • Excelhouse 60%
    60% LET Up to 2,835 sq ft left excel HOUSE EDINBURGH excel HOUSE EDINBURGH Striking Contemporary Grade A office space 2nd Floor / Excel House / Semple Street / Edinburgh / EH3 8BF Prime office location Within 5 minutes walk of Haymarket transport hub offering rail and tram connections Over 15 bus routes on the doorstep Surrounded by excellent staff amenities including restaurants, coffee shops, sandwich bars and convenience shopping Efficient open plan space Value for money Flexible lease terms ...ticking all the boxes Highly Flexible light filled space view of reception DESCRIPTION Excel House is situated on Semple Street, within the Exchange District, Edinburgh’s financial heart. The location offers superb transport facilities for staff and is surrounded by ample local facilities and amenities. Edinburgh’s Haymarket transport hub is only 5 minutes walk away, offering access to both rail and the new tram service which offers fast and easy access to Edinburgh Airport. There are multiple bus routes on Lothian Road and Morrison Street serving the whole city. view of second floor view of second floor GRADE A SPECIFICATION ACCOMMODATION The following office accommodation is available: • Generous manned reception (07:15 to 20:15) SUITE A BEGBIES TRAYNOR GROUP plc • CCTV covering all external areas Suite A 515 sq ft (48 sq m) • Full lift access (2 x 10 person lifts) Suite C 2,320 sq ft (216 sq m) • Metal raised access floor with 200mm clear void • 4 pipe fan coil air conditioning system TOTAL: 2,835 sq ft (264 sq m) • Metal suspended ceiling with recessed lighting • Full height glazing QMPF plc • Recently refurbished and available for immediate entry • Up to 5 parking spaces available • NCP car park with 203 spaces across the road SUITE C • Secure cycle storage Princes Street 1 12 2 5 MINUTES WALK 4 16 TRAM STOP 7 EDINBURGH 5 CASTLE 3 9 6 8 2 1 PRINCES STREET 2 4 11 16 12 11 5 MINUTES WALK 1 3 11 TRAM STOP 10 14 10 4 10 13 3 14 15 13 15 14 13 THE EXCHANGE 6 DISTRICT 12 7 15 6 18 7 16 9 HAYMARKET 8 TRANSPORT HUB 19 17 5 9 8 21 5 20 tram route NEIGHBOURING OCCUPIERS 1.
    [Show full text]
  • Legal Update: Growth Finance
    Legal Update: Growth Finance COMMON INVESTOR CONCERNS Introduction of these being realised. From a legal on some level and will wish protections perspective due diligence will be necessary contained in the investment agreement The investor is looking for a return on the company’s ownership of assets. It to ensure that key decisions cannot be on its investment. The basis of its is increasingly important for investors to taken without the investor’s consent – investment decision will refl ect the assess the existence and protection of for example, any change in the nature risks associated with the investment intellectual property rights (IPR) within a of the business, or departure from the and the return it wishes to achieve. business, particularly in e-commerce or business plan or annual budget. The There are different considerations related applications. It is vital that all investors will ordinarily appoint a non- when investing in a start-up company IPR is vested in the company the subject executive director who will provide a and in an established business. While of the investment, and not retained by greater depth of experience as well as every investment is different there individual directors or shareholders who protect the interests of the investor in are issues common to almost all may have been the creators of the IPR the company. Care should be taken investments. in question, or by another associated to ensure a good “fi t” between the company. Much “intellectual capital” proposed non-executive director and A Good Idea Is Not Enough! or know-how is also inevitably held by the existing management in order to the executives themselves hence the secure the growth in value which both A good idea or a perceived market importance of service agreements to investors and management seek.
    [Show full text]
  • Resources for Seeking Work in the UK Legal Sector
    IT’S NOT JUST FOR THE FREEBIES! The law fair comes along once a year and is your opportunity to explore some of your career options in much greater depth than the internet allows. It can be tempting to turn up, walk around picking up some freebies and leave – but if you do, you’re missing out on the full benefits of having a fair which is ultimately being organised for you! To make the most of it and find out who’s coming, read on… Why come to the Law Fair? 1. In such a competitive market, getting work experience and/or a traineeship is harder than ever, but by no means impossible. Coming and making the most of the fair may open some doors or open your mind to opportunities for you to consider. 2. This is your chance to find out all sorts about law firms and organisations which can be difficult to glean from the web. This includes - what kind of work firms do, what kind of clients they work for, how they value their trainees, what responsibilities they give to work experience students and trainees, what the social life at the firm is like, what the culture of the firm is like and what they are doing to safeguard the future of their firm in the current economic climate. 3. It is a recruitment event, so when someone asks your name and writes it down, they are doing this for a reason – typically to make a note of applications they would like to fast-track to interview, or definitely wouldn’t want to interview.
    [Show full text]
  • Chairman's Column P.8 Auld Broad P.10
    SUMMER 2007 ISSUE 57 CityThe newsletter of the City of London Solicitor Solicitors’ Company and the City of London Law Society Chairman’s Column p.8 Auld Broad p.10 Council Members’ Report p.16 Where have all the Lawyers Gone? p.18 CITY SOLICITOR City of London Law Society City of London Solicitors’ Company Committee Members Court of Assistants President Master The Master W.J.L. Knight Chairman Senior Warden † D.A. McIntosh Ms A.L. Marks Secretary Junior Warden N.A. Cameron Alderman & Sheriff D.T.R. Lewis Administrator Stewards Mrs E.J. Thomas, B.A. I.C.S. Morpeth J.M. Abramson Committee Specialist Ms S. Dunn Full Assistants Past Master J.E. Hume Committee Past Master B.J. Greenwood, LL.B. † CHAIRMAN Past Master A.J.C. Collett, LL.B. PRESIDENT Past Master N.C.C. Bamping, LLP. * N.C.C. Bamping Past Master Miss K.D. Richardson, M.A. † S.W. Davis M.C. Roberts, B.A. N.M.L. Hughes R.D. Max V.T. Keaveny J.R.C. White, T.D. * Ms A.L. Marks Alderman D.H. Wootton Ms J.C. Palca V.T. Keaveny † Ms. F.A.E. Palmer Mrs C.F.Woolf S.G. Popham Additional Assistants M.C. Roberts, B.A G.C. Bond, D.L. D. Thomas J.R. Millar P.B. Way te M.A. Webster Chairman of The City of London Law Society † J.R.C. White, T.D. D.A. McIntosh † Mrs C.F.Woolf, C.B.E. Ex-Officio Assistants * Ex-officio, appointed by the CLSC Past Masters † Ex-officio as members of the Council of The Law Society J.H.
    [Show full text]
  • Qlikview Printing
    What do Edinburgh graduates do? 2013/14 Award Grouping: Professional Legal Practice (PGD) 93.2% 1.7% 2.5% 2.5% Due to start a job in Seeking employment Time out or something Employment Further study the next month or further study else 110 2 0 3 3 Response rate: 88.7% This report contains employment and further study destinations information for graduates from the 2013/14 DLHE survey. It features data for the following awards: Professional Legal Practice (PGD) Employment Job Title Employer Name Place of Work Number Intern at Human Dignity Human Dignity Trust London 1 Trust Solicitor Thompsons Edinburgh 1 Trainee Solicitor Aberdein Considine Aberdeen 1 Trainee Solicitor Aberdein Considine Edinburgh 1 Trainee Solicitor Anderson Strathern Edinburgh 1 Trainee Solicitor B C K M Edinburgh 1 Trainee Solicitor Balfour + Manson Edinburgh 1 Trainee Solicitor Blackwood Partners Aberdeen 1 Trainee Solicitor BLM Edinburgh 1 Trainee Solicitor Brodies Edinburgh 6 Trainee Solicitor Brodies Glasgow 2 Trainee Solicitor BTO Edinburgh 1 Trainee Solicitor BTO Solicitors Glasgow 1 Trainee Solicitor Burness Paull Edinburgh 5 City of Edinburgh Trainee Solicitor Edinburgh 1 Council CMS Cameron Trainee Solicitor Edinburgh 2 McKenna CMS Cameron Unspecified Trainee Solicitor 1 McKenna location Trainee Solicitor Crown Office Edinburgh 2 Trainee Solicitor Davidson Chalmers Edinburgh 1 Trainee Solicitor Dickson Minto Edinburgh 1 Unspecified Trainee Solicitor Dickson Minto 1 location Trainee Solicitor Digby Brown Solicitors Edinburgh 1 Job Title Employer Name Place
    [Show full text]
  • CURRICULUM VITAE for BRANDON MALONE LLB, LLM, Diplp, NP, FRICS, Fciarb, Faiadr, WS, Solicitor Advocate, Solicitor Arbitrator
    CURRICULUM VITAE FOR BRANDON MALONE LLB, LLM, DipLP, NP, FRICS, FCIArb, FAiADR, WS, Solicitor Advocate, Solicitor Arbitrator Full Name: Brandon James Malone Business Address Brandon Malone & Company 83 Princes Street EDINBURGH EH2 2ER Quadrant Chambers Quadrant House 10 Fleet Street LONDON EC4Y 1AU Telephone +44 (0) 131 357 8549 +44 (0) 7968 464996 E-mail [email protected] Website www.arbitration.scot Brandon Malone is a highly experienced commercial litigator, arbitrator, adjudicator, mediator and expert determiner, dual qualified as a solicitor in Scotland and in England and Wales. He has over 25 years of post-qualifying experience in commercial dispute resolution, covering various sectors with an emphasis on construction, engineering and energy disputes. He is one of the most specialised and experienced construction and engineering lawyers in Scotland, and is the only solicitor advocate in Scotland accredited as a specialist in both construction and arbitration law. He is also the only lawyer in Scotland to have been made an Eminent Fellow of the Royal Institution of Chartered Surveyors (FRICS). Brandon Malone has extensive experience in the field of arbitration, having served as an arbitrator for over fifteen years, in arbitrations under a variety of rules including those of LCIA and ICDR. He was the architect of the Scottish Arbitration Centre, having devised the structure of the Centre for the Scottish Government and implemented the proposals. He has led the Centre’s Board from its inception. Brandon Malone led the successful Scottish team that secured the International Council for Commercial Arbitration (ICCA) Congress for Edinburgh in 2021 and chairs the ICCA-New York City Bar-CPR Institute Working Group on Cybersecurity in International Arbitration.
    [Show full text]
  • Curriculum Vitae Eoghainn CM Maclean, Advocate
    Curriculum Vitae Eoghainn CM Maclean, Advocate With leading Scottish set, Ampersand Advocates [email protected] t: 0044 141 560 2003 m: 0044 780 301 6759 4 Athole Gardens, Glasgow, G12 9AY, UK Profile Eoghainn (pronounced “A1”) is a leading commercial litigator, ranked by the Legal 500. In 2019, he returned full time to the commercial bar after a year as permanent Crown Counsel, leading High Court (i.e. Crown Court) prosecutions in back to back jury trials, preliminary and sentencing hearings. Eoghainn has handled hundreds of commercial, competition, property (including planning and IP) and professional liability cases before the highest civil courts. He conducts them as lead counsel. Practice • Accounting & fraud; administrative; agency • Banking & finance • Competition; company; contracts; construction; crime • Defamation & media; diligence • EU law; evidence & procedure; HR • International private law, insolvency; insurance; IP & IT; interim remedies • Land & property; leasing; lending & securities; moveable property • Partnerships; professional negligence; public law; public procurement; prescription & limitation • Shipping & transport; sports; supply of goods & services • Tax; trusts & succession • Unjustified enrichment Experience Eoghainn regularly appears in the civil, commercial and appeal courts of Scotland, as well as other courts, tribunals and inquiries, including parliamentary hearings. He has been instructed for extended proofs, as well as individual hearings. He has long experience of negotiating settlements of commercial disputes. (see his webpage). Eoghainn MacLean 1 ampersandadvocates.com Curriculum Vitae Eoghainn CM Maclean, Advocate Recent Reviews “If you need someone in your corner instruct Eoghainn. Quick to get up to speed. Superb on his feet in court - and he explains what is going on to clients. Best at complex commercial cases.
    [Show full text]
  • Candidates Anderson, Colin Campbell, Jonathan Carson, Stuart
    Candidates Anderson, Colin Campbell, Jonathan Carson, Stuart Haran, Paul Hutchison, Mark Leslie, Kim MacKay, Ross McIntyre, Ewan Malone, Brandon Melville, Victoria Murray, Susan Wiseman, Eilidh Candidate Information Name: Colin W Anderson Place(s) of Business: 15 Buckstone Place, Edinburgh EH10 6UB Professional degrees, Diplomas or qualifications: LLB (Hons.) ; Notary Public Date of Admission as a solicitor: 29 November 1977 Current self-employed/employed/unemployed position (please provide detail): Retired Solicitor Service to Local Faculty or Law Society of Scotland: Member of Society Career Mentoring Scheme In-House Lawyers Group Committee 1988 – 2012, including 15 years as Vice- Chairman Represented Society on the Board of the European Company Lawyers Association 1988 – 2005, including serving as Vice-President and President Former Member of Society Competition Law sub-committee Personal statement as to why you wish to stand for the Council (up to 250 words) – I have always taken a very close interest in the work of the Council and the issues facing the legal profession. I consider my experience and skills gained over 35 years in the legal profession would enable me to make a positive contribution to the Council’s work. While I have spent the larger part of my career in-house, I also spent 10 years in private practice. When I was in-house at Standard Life, I worked extensively with law firms, both large and small, in Scotland and the rest of the World. I also have considerable management and budgeting experience which I can bring to this role. I have extensive experience of committee work with the Society and also through my involvement with community organisations and a charity.
    [Show full text]