SERVICES

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.

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.

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.

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.