8 NEW SQUARE

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Arbitration and Mediation

 

Arbitration

Arbitration is a well established method of dispute resolution in cases with a technical subject matter and those specifically concerning intellectual property, even where matters such as patent validity are in issue. 

As it is a private method of settling disputes, chosen by the parties themselves and (usually) without recourse to the courts, the process allows for great flexibility in procedure and a lower level of formality. It also enables international disputes to be resolved in a single forum.

8 New Square and Arbitration

Chambers has longstanding and extensive arbitration experience which reflects the diverse nature of the many different types of arbitrations that can be conducted. Our 2 former Heads of Chambers, Sir Robin Jacob (formerly Lord Justice Jacob) and Michael Fysh QC, SC (formerly Judge Fysh QC SC) lead our arbitration team.  The team comprises all of our Queen's Counsel and a number of barristers, notably Andrew Lykiardopoulos and Iona Berkeley.

Arbitration Procedure

8 New Square has experience of arbitrations involving the 1996 Arbitration Act, ICC Rules of Arbitration, LCIA Rules, arbitrations applying Unidroit principles and also has experience of taking evidence under the IBA Rules of Taking Evidence in International Commercial Arbitrations. Members of chambers have also been involved in hybrid mediation/arbitration (Med-Arbs) under specially constructed rules and have also assisted in creating "bespoke" arbitral frameworks within which pan-European disputes have been resolved in copyright and patent areas.

International Arbitrations

8 New Square has particular experience in conducting international commercial arbitrations, although members are often involved with wholly UK based cases. Some of these arbitrations involve dealing with aspects of the proceedings or evidence in foreign languages and often involve hearings in international locations, recently, The Hague, Paris, Brussels, Amsterdam and Texas.

Subject Matter

Recent arbitrations have included complex commercial contractual disputes, infringement and validity of intellectual property rights, trade mark and patent licence disputes and claims relating to intellectual property ownership.

Members of 8 New Square have been involved with arbitrations concerning a wide range of sectors including pharmaceuticals, oil, transport infrastructure, electronics, cable television, telecommunications, fragrance and cosmetics, luxury goods, construction, computers and health care products.

Related areas

One member of chambers is a member of the WIPO Arbitration and Mediation Centre's list of Neutrals and the WIPO Arbitration and Mediation Centres Domain name panel and has acted as a panellist in the WIPO domain name dispute procedure carried out under the ICANN Uniform Domain Name Dispute Resolution Policy.

Mediation

A number of our Queen's Counsel act as Mediators, including John Baldwin QC, Daniel Alexander QC and Richard Meade QC.  Richard is a CEDR-accredited mediator.

Our mediatiors have assisted in disputes covering patent infringement disputes, patent licence disputes, design right disputes, trade mark disputes, joint venture disputes, and general commercial disputes.

Most members of chambers have represented clients at mediations and are can advise on the suitability of mediation or other forms of alternative dispute resolution (ADF).