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Using Mediation in Commercial Disputes

Webinar – Using Mediation in Commercial Disputes

Moderator

Calvin Hamilton, Independent Arbitrator and member of Int Arb Arbitrators & Mediators

Calvin’s profile

Calvin A. Hamilton has more than 35 years’ experience in International Arbitration and has sat in investment and commercial disputes across the globe. His experience as arbitrator include cases under ICC, ICDR, Madrid Court of Arbitration, Zurich Chamber of Commerce and UNCITRAL rules in a variety of seats.

His primary focus is in the Caribbean, London, Continental Europe and US. He conducts arbitrations arising from projects and cases in Latin America and the Caribbean in both Spanish and English. Calvin is fluent in Spanish and additionally has a working knowledge of Portuguese, and proficient in French. He is a dual national of Guyana and Spain and is admitted in New York and Madrid.

Calvin’s culture and language skills also enable him to appreciate and anticipate cultural and other due process problems when sitting as an arbitrator. Appropriate to his practice, Mr Hamilton has also developed a good understanding of the common law and civil law through his practice in Spain and the Commonwealth Caribbean including Guyana and Barbados as well as the US.

Calvin’s primary expertise covers Investment, corporate, commercial, construction & infrastructure, and energy & natural resource disputes. More widely, his experience includes procurement, technology, manufacturing & distribution, banking & Finance.

Calvin’s Int-Arbitrators & Mediators member profile

Panel

Jane Player – Independent Mediator and member of Int-Arb Arbitrators and Mediators

Jane’s profile

Jane is a leading, international mediator. She was formerly a partner at King & Spalding, co-head of the International dispute resolution group and head of London disputes team at Bird & Bird, and DLA Piper LLP respectively.

Jane’s focus lies in commercial and contractual claims particularly in construction, fraud and project disputes including pharmaceuticals, energy, technology, IP and media. Jane is also experience in professional negligence, family trust and local authority PFI disputes.

The use of mediation techniques earlier in the business relationship and working with parties to help them maintain their commitment to the venture, as opposed to focusing on rights and obligations once things go wrong, has proved very successful in Jane’s mediation practice.

Her approach supports businesses in their desire to form long term strategic relationships. She has particular experience of international dispute resolution and has a leading reputation for managing cross cultural aspects of joint venture and international shareholder disputes.

Jane has an engaging style and is often praised for her proactive, commercial approach. She is recommended for mediations where there are strong personalities within the parties’ groups and where there may be some cynicism towards the potential for dispute resolution through mediation.

Jane speaks French, Spanish and Italian to varying degrees.

Jane’s Int-Arbitrators & Mediators member profile

Wolf von Kumberg – Independent Arbitrator/Mediator and member of Int-Arb Arbitrators and Mediators

Wolf’s profile

Wolf is a leading internationally recognized arbitrator and mediator with over 30 years’ experience in International legal business, and joins Int Arb Arbitrators & Mediators from ArbDB Chambers.

Wolf is particularly knowledgeable in disputes related to the Aviation & Aerospace, Defence, Compliance, IP, Cyber Security and High Tech Industries. His Practice involves most regions of the World and includes commercial, government and state entities.

He has acted as counsel and sits as arbitrator and mediator in domestic and international disputes in a variety of jurisdictions including London, Paris, New York, Geneva, Singapore, UAE, Cairo and Chicago.

Wolf is fluent in English and German, has a good working knowledge of Italian and French.

His practice covers Aviation & Aerospace, Satellite Technology, Investor State, Cyber, Engineering, Technology, Maritime, and Insurance & Reinsurance.

Wolf’s Arbitrator profile

Wolf’s Mediator profile

Baria Ahmed – International Mediator and Co-Founder of Caribbean ADR Initiative (CADRIn) 

Baria’s profile

Baria is a UK qualified barrister, arbitrator, mediator and ADR consultant, with a practice focussing on international projects, commercial ADR services, professional training and development. A member of the Honourable Society of Lincoln’s Inn, London, Baria operates both independently and as a member of various institutional panels and enjoys a highly varied ADR practice, assisting clients across the spectrum including construction and engineering, banking and finance, partnership and shareholder, insurance and employment/workplace matters.

As a trainer, Baria has shaped and delivered internationally recognised mediation and ADR skills courses, running both open and in-house programs for law firms and corporate clients around the globe. Separately, and with a keen interest in cultural and jurisdictional influences on ADR, Baria has undertaken substantial research into comparative practices, working with international donors and development agencies such as the World Bank, IFC, UNDP, Inter-American Development Bank and the EU.

In the Caribbean, Baria was integral in the establishment and launch of the Arbitration and Mediation Court of the Caribbean (AMCC) in Barbados, stepping down as the institution’s founding Director General in December 2018. In 2020, she co-founded the Caribbean ADR Initiative (CADRIn), a non-profit organisation working to inspire regional clients and practitioners towards greater use of ADR through the provision of practical resources and knowledge dissemination.

Agenda

  • Why the use of Mediation makes sense in commercial disputes?
  • At what point in a dispute does mediation work best?
  • Should mediation be built into contract clauses?
  • Some practical tips when organizing a mediation in the Caribbean Region.
  • Spotlight on mediation in construction and hospitality industry disputes.
  • Highlight virtual mediation and how it works.

Our special thanks to Baria Ahmed for contributing to the Webinar on this topic.

Download Information Bulletin on The Practicalities of Mediation in the Caribbean Region: The Effectiveness and Benefits of Using Mediation in Business Disputes

View the full recording of the webinar below

About Int Arb

Overview

Int Arb Arbitrators & Mediators is a specialist set of independent arbitrators and mediators with experience in substantial disputes across the globe. Our expertise lies with aviation & aerospace, investor state, construction, engineering & infrastructure, and corporate and commercial disputes including technology and telecommunications, banking, transport, IP, M&A, Insurance and re-insurance, mining, energy, oil & gas.

The dedicated and experienced support management team are on hand to talk through and have detailed conversations with our clients in order to understand the requirements of each dispute(s) – guiding you through the process of appointment and making suitable recommendations of mediator or arbitrator.

Managing Director: Sam Carter

DDI: 0203 928 7280 · Email: Sam.Carter@int-arb.com · LinkedIn: Sam Carter

International Arbitration Centre (IAC) and IAC Online

Virtual Arbitration Portal & Hearing Facilities – IAC Online provides a secure virtual portal and unique navigation dashboard. Our virtual hearing room streamlines the proceedings with the focus on the Tribunal, lead advocates and witnesses. It also allows for all involved to attend (support lawyers, clients etc) without congesting the screen. 

IAC Online provides easily accessible, physically separated private breakout rooms for each party and tribunal to use throughout in the same way you would have for a physical hearing.

During this time at the IAC we are regularly holding semi-virtual hearings. This due to our infrastructure and facilities, we are one of the only venues in London who can sensibly operate social distancing measures and keep all involved as safe as possible going forwards.

CEO: Owen Lawrence

DDI: 0203 928 7288 · Email: Owen.Lawrence@int-arb.com · LinkedIn: Owen Lawrence

International Arbitration Centre © 2021


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Managing Director: Sam Carter · DDI: 0203 928 7280 · Email: Sam.Carter@int-arb.com · LinkedIn: Sam Carter