Arbitration and Mediation
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.
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 Juniors, in particular Iona Berkeley.
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.
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 like The Hague, Paris, Brussels, Amsterdam, Texas, Hong Kong and Singapore.
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.
A number of our Queen’s Counsel act as Mediators, including Daniel Alexander QC, Richard Meade QC and Charlotte May QC. Richard is a CEDR-accredited mediator. Quentin Cregan is also a qualified mediator.
Our mediators 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 can advise on the suitability of mediation or other forms of alternative dispute resolution (ADF) and Binding Written Determinations (BWD).