Arbitration is a way to resolve disputes privately and confidentially outside the courts. The dispute will be decided by one or more persons (the "arbitrators" or "arbitral tribunal"), who render the "arbitration award". An arbitration award is legally binding and enforceable in the courts of any of the 172 countries that are parties to the New York Convention.
The 2022 statistics of the London Maritime Arbitrators Association (LMAA) indicate that London, and LMAA arbitration in particular, remains the worlds leading place for the resolution of disputes in the maritime industry and related commercial sectors (including disputes concerning construction of offshore units). In 2022, LMAA arbitrators received a total of 3,193 new arbitration appointments under its Terms and Procedures in an estimated 1,807 references. This represents an increase from 2021 of almost 15% in appointments and 9% in references.
Ben Goss is a commercial (non-lawyer) arbitrator with an international background in shipping. Ben has accepted over 150 arbitration appointments since 2018 and has written over 50 awards.
Ben is a Member of the Baltic Exchange, a Fellow of the Chartered Institute of Arbitrators (FCIArb), and a Full Member of the LMAA. In 2023, Ben was elected to the Committee of the LMAA.
A Chartered Shipbroker, Ben has over 25 years of experience in chartering bulk carriers, tankers and offshore support vessels; the carriage of goods, the sale & purchase of second-hand vessels; the contracting of newbuilds; ship finance and leasing.
Ben accepts appointments in disputes arising from all maritime-related contracts including charter parties, bills of lading, contracts of affreightment, MoAs and shipbuilding contracts.
Ben also accepts appointments in disputes arising out of ship finance, energy and renewables contracts.
Mediation is a highly effective way for parties to resolve maritime and shipping disputes whilst retaining control of the process and the outcome.
The mediation process provides an opportunity to explore terms of settlement - through an impartial and independent third party, on a 'without prejudice' and confidential basis - that takes account of a broader range of issues than litigation or arbitration necessarily would, and explore solutions that result in a balanced and constructive outcome.
A mediation can be conducted at any time before or whilst a dispute is being litigated in court or arbitration, and flexibly in whatever format works best for the parties. A successful mediation brings about an early end to the dispute thereby saving considerable time, cost and inconvenience.
Ben is a CEDR Accredited, IMI Qualified Mediator with 25 years of commercial shipbroking experience, half of which was spent overseas.
A Chartered Shipbroker, Ben is a proactive and seasoned negotiator with excellent interpersonal skills and cross-cultural awareness.
A maritime arbitrator, Ben is adept at managing dispute resolution processes as a third-party neutral and distilling the issues.
Ben's commercial background and experience, combined with his in-depth knowledge of charter parties, MoAs, shipbuilding and related contracts, make him uniquely positioned to assist parties in navigating their way to an amicable resolution of disputes.
Dispute Boards (DBs) are mainly used in construction and infrastructure projects, and are gaining popularity.
Otherwise known as Dispute Resolution Boards, Dispute Review Boards, and Dispute Adjudication Boards, DBs consist of 1-3 individuals who assist contracting parties, throughout the life of a project, to avoid, manage and resolve disputes in real-time by identifying and addressing issues early on.
DB members usually are not lawyers. Rather, they are respected and trusted professionals selected for their knowledge, experience and independence, in the subject matter of the project.
According to the Dispute Resolution Board Foundation (DRBF), 60% of projects utilizing a DB have no disputes at all; and 98% of the disputes that reach the DB do not go on to further litigation or arbitration.
DBs can provide a low-cost and highly effective means of assisting parties in a project not only to resolve disputes quickly but to avoid them altogether resulting in a "best-for-project" outcome for all parties.
Ben believes that complex shipping, shipbuilding and marine infrastructure projects where high degrees of collaboration are required over extended periods of time, could benefit from the assistance of a Dispute Board.
Ben's dispute resolution background, combined with his commercial experience, makes Ben well equipped to contribute: As an arbitrator and mediator, Ben regularly conducts dispute resolution processes alone and as part of a tribunal and is experienced in providing reasoned decisions succinctly and with objectivity and integrity; As a Chartered Shipbroker, Ben is a proactive and seasoned negotiator with 25 years of experience in facilitation, collaboration and relationship management; and as a CEDR accredited, IMI qualified mediator, Ben is adept at helping disputing parties find middle ground and settle their differences.
Ben is a member of the Dispute Resolution Board Foundation (DRBF) and is available for appointment on Dispute Boards.
An expert witness is a person who by virtue of education, training, certification, skills or experience, is accepted by the judge or arbitral tribunal as an expert. Expert witnesses may deliver "expert evidence" within the area of their expertise. Their testimony may be rebutted by testimony from other experts or by other evidence or facts.
Ben has acted as an expert and is experienced in all aspects of the process from accepting initial instructions and producing reports, through to cross-examination in front of an arbitral tribunal.
As a Chartered Shipbroker, Ben has extensive knowledge and experience of all aspects of ship broking, most notably the chartering of bulk carriers, tankers and offshore support vessels; the carriage of goods; the contracting of newbuilding vessels; the sale & purchase of second hand tonnage; ship finance and leasing.
Ben's arbitration practice keeps him busy, but Ben welcomes enquiries in respect of ad hoc shipbroking and advisory assignments, and expert witness work.