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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 on both sides and is enforceable in the courts of any of the 160 countries that are signatories of the New York Convention.
The 2019 statistics of the London Maritime Arbitrators Association indicate that London, and LMAA arbitration in particular, remains the world’s leading place for the resolution of disputes in the maritime industry and related commercial sectors (including dispute concerning construction of offshore units). In 2019 LMAA arbitrators received a total of 2952 arbitration appointments representing more than 80% of maritime disputes globally.
Ben Goss is a commercial (non-lawyer) arbitrator with considerable experience of the sale & purchase of second-hand vessels, the contracting of newbuildings, the carriage of bulk commodities and the chartering of tankers, bulkers and offshore supply vessels. Ben is also experienced in ship finance and leasing.
Ben is a Fellow of the Chartered Institute of Arbitrators (FCIArb), Aspiring Full Member of the London Maritime Arbitrators Association (LMAA) and a Member of the Baltic Exchange.
Ben regularly accepts appointments on LMAA terms and has received over 30 appointments since January 2018, striving always to publish his Awards within the timeframe specified in those terms.
Mediation is a highly effective way to resolve maritime and shipping disputes. The mediation process provides an opportunity for all parties involved to explore terms of settlement - through a trusted and independent third party with whom each party can discuss the case on a 'without prejudice' and confidential basis - that take account of a broader range of issues than litigation and arbitration necessarily would, and explore options that result in a balanced and constructive outcome.
Ben can conduct the mediation process flexibly in whatever format suits the parties, including remotely by a combination of phone, email and video.
Ben is a CMC Registered and CEDR Accredited Mediator with 22 years of commercial ship broking experience, half of which were spent overseas.
Ben is a pro-active and seasoned negotiator with excellent interpersonal skills and cross-cultural awareness, with hands-on familiarity of the many issues that can arise out of shipping contracts.
Ben's commercial background and familiarity with Charterparties, MoA's and Shipbuilding contracts enables him to bring a fresh perspective, assisting parties to 'see the wood for the trees' and navigate their way to an agreeable outcome.
Your feedback is important and at the end of each Mediation Ben asks the clients to complete a short survey. If you would like further details or a copy of the survey, or if you would like provide any other feedback, please click the button below.
In addition to proactively gathering and analysing client feedback, Goss Maritime also operates a Mediation Complaints Procedure which can be downloaded here.
Dispute Boards (DBs) are mainly used in construction and infrastructure projects, and are gaining in popularity. The concept is imbedded in the UK's National Shipbuilding Strategy where it is referred to as a Project Delivery Board.
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.
Dispute Boards 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 is a Dispute Resolution Board Foundation (DRBF) Member and supports the increased use of dispute avoidance and prevention mechanisms in shipping, shipbuilding and marine infrastructure projects.
An Arbitrator and Mediator: Ben is well versed in conducting impartial, objective and independent dispute resolution processes, alone and as part of a panel; and efficiently drafting succinct reports, recommendations and decisions.
A Chartered Shipbroker: Ben is a pro-active and seasoned negotiator with 23 years' experience in facilitation, collaboration and relationship management.
With a strong commercial background in shipping and shipbuilding coupled with a genuine interest in assisting parties to achieve positive outcomes, Ben supports the increased use of DBs / Project Delivery Boards in the Maritime sector and is available for appointment.
Please get in touch for more information.
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 the report, 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 and tankers; the carriage of goods; the contracting of newbuilding vessels; the sale & purchase of second hand tonnage; and the function and role of the broker in different commercial contexts. Ben is also familiar with the various ways vessels can be financed.
Ben is available to provide opinions, evidence and advice on an ad hoc basis.