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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 and enforceable in the courts of any of the 160 countries that are signatories to the New York Convention.
The 2019 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 2019 LMAA arbitrators received a total of 2,952 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, bulk carriers and offshore supply vessels. Ben is also experienced in ship finance and leasing.
Ben is a Fellow of the Chartered Institute of Arbitrators (FCIArb), an Aspiring Full Member of the LMAA, and a Member of the Baltic Exchange.
Ben has accepted over 40 appointments since January 2018, and regularly accepts appointments on LMAA terms striving always to publish his Awards expeditiously and always within the timeframe specified in those terms.
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 CMC registered, CEDR accredited, IMI Qualified mediator with 23 years' commercial ship broking experience, half of which were spent overseas.
As a Chartered Shipbroker, Ben is a pro-active and seasoned negotiator with excellent interpersonal skills and cross-cultural awareness, with practical knowledge and experience of the issues that often arise out of freight, charterparty, sales, shipbuilding, and related contracts.
Ben's commercial background and breadth of knowledge combined with his familiarity with such contracts, make him uniquely positioned to provide an independent, impartial and fresh perspective to disputes, and to navigate parties toward a mutually agreeable resolution.
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 to provide any other feedback, please click the button below.
In addition to proactively gathering and analyzing 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 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 is a Dispute Resolution Board Foundation (DRBF) member, and believes dispute boards can play a vital role in certain shipping, shipbuilding and marine infrastructure projects, particularly those that require high degrees of collaboration, over extended periods of time, and are particularly sophisticated and/or complex.
An arbitrator and mediator: Ben regularly conducts dispute resolution processes alone and as part of a tribunal, and is experienced in providing reasoned decisions and recommendations succinctly, and with objectivity and integrity.
A Chartered Shipbroker: Ben is a pro-active and seasoned negotiator with 23 years' experience in facilitation, collaboration and relationship management.
Ben's dispute resolution background combined with his commercial experience, make Ben well equipped to contribute on dispute boards in a wide variety of maritime contexts.
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; 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 provides consultancy services and is available to provide opinions, evidence and advice on an ad hoc basis.