Can We Still Be Friends? London As A Global Seat Of Arbitration Post-Brexit

broken Wedding Rings symbolize the BrexitMichael McIlwrath, Global Chief Litigation Counsel for GE Oil & Gas opened his recent article An Unamicable Separation: Brexit Consequences for London as a Premier Seat of International Dispute Resolution in Europe with the following quote, attributed to the most prolific of all authors, ‘unknown’:

“I try not to think of divorce as failing at marriage but rather winning at bitterness and resentment.” Continue reading

Singapore Has Taken The Lead In Regulating Agreements To Mediate

singapore-dayIt is no secret that Singapore strives to be Asia’s dispute resolution hub. Today, it is one step closer to establishing itself as the leader in innovative mediation laws. On 10 January 2017, the Mediation Bill, which was proposed on 7 November 2016, was passed by the Singaporean parliament. Continue reading

The Geneva GPC – Does The Future Lie In Mediation?

genevaOn 29 September 2016, various stakeholders from the judicial and alternative dispute resolution (ADR) community – arbitrators, mediators and judges, in-house counsel, external lawyers, policy-makers as well as representatives of arbitral institutions – gathered in sunny Geneva for a lively exchange on “the future of dispute resolution” at the city’s GPC event. Continue reading

The mediation process: when and why it is used

A photo by Steve Halama. unsplash.com/photos/NPKk_3ZK2DY

Mediation can be successfully deployed at any point in the timeline of a dispute – either before proceedings are issued, afterwards, up to, and even during trial. It is, after all, a facilitated negotiation and represents an opportunity to settle early, reducing stress, acrimony and legal costs.

Defining mediation is arguably a futile task: in the same way we accept that ‘beauty is in the eye of the beholder’, mediation is whatever users can imagine and can agree it to be. Thus, there are many different approaches, which vary widely according to users’ needs and the demands and timing of the case. Continue reading

The Role Of ADR In Commercial Dispute Resolution: A Brief Overview

chess.jpgAlternative dispute resolution (ADR) has a critical role to play for in-house counsel seeking to do more with less, but it remains something of a novelty as compared to the centuries-long tradition of courtroom litigation.

While there were many international arbitrations in the nineteenth century and into the early twentieth century, they tended to be pursuant to treaties under public international law with states acting against other states on behalf of their nationals and their commercial interests. Such arbitrations tended to bebetween imperial powers – British, Dutch, Portuguese or Soviet – and only following the dismantling of these empires and the consequent explosion in the number of independent nation states did international arbitration become the mainstream concern it is today. Continue reading

Chart Of Dispute Resolution Stages And Steps

 Today, because of the flexibility, adaptability and versatility of ADR, Users of dispute resolution processes have available to them a wide variety of techniques that can be used to prevent, control and resolve disputes. New techniques are constantly being developed to deal with the wide variety of potential disputes that can occur in any kind of relationship, and at any stage in the development or escalation of a problem or dispute. Continue reading

Ask An Expert: Babatunde Ajibade

thumbnail_Dr Ajibade Photo

Lagos-based disputes lawyer, Babatunde Ajibade SAN, partner at SPA Ajibade, discusses the increasing complexity of commercial disputes and the importance of effective communication in the field of dispute resolution. 

What is your current role in dispute resolution?

My current role in dispute resolution is more often than not as counsel, either in litigation or in arbitration. I have sat as a sole arbitrator once and I’m looking to develop that aspect of my practice further, but for now my predominant experience is as counsel. So, I would describe myself as an advisor.

I specialise in commercial dispute resolution across a relatively broad spectrum – company law disputes, insolvency, banking, joint ventures, aviation, investments, insurance, common law actions for breach contract and tort, amongst others.

I have wanted to be a litigator for as long as I can remember. I enjoy pitting my wits against adversaries in court or before a tribunal. I also get a sense of satisfaction from achieving results for my clients, especially when their cause is just (which is not always the case!). Continue reading