SERVICES

Arbitration is a common form of dispute resolution widely adopted in commercial contracts, especially in shipping. Key benefits of arbitration are confidentiality, flexibility and enforcement. An arbitration award is legally binding and enforceable in 172 countries that are parties to the New York Convention.

London is the global centre for international arbitration. The 2023 statistics of the London Maritime Arbitrators Association (LMAA) demonstrate that it is also where the vast majority of maritime disputes get resolved. 

In 2023, LMAA arbitrators reported 3,268 new arbitration appointments under LMAA Terms and Procedures in an estimated 1,845 references and published approximately 436 awards.

LMAA President, David Steward, said: "The LMAA's case statistics continue to reflect the huge number of parties worldwide who choose international arbitration on the Association's Terms and Procedures to resolve their maritime disputes, not only in the shipping industry but also in offshore energy and international trade. We are grateful to all the arbitrators who contributed to these statistics":

https://lmaa.london/london-retains-its-crown-in-international-maritime-arbitration/  

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.