International Mediation

I am at the forefront of international mediation. International arbitration is well established but international mediation is emerging as the new kid on the block.

Below you will find examples of the disputes that I have mediated in this area and details of the organisations that I am involved with.

International Disputes:-

Bank Trustees and taxpayer and Two African Government Departments
A three week mediation in Africa. A sum in excess of £850 million was involved in tax claims, tax evasion allegations, and criminal and civil claims by the government. Off-shore funds were involved. Extensive proceedings in South Africa, the UK, Guernsey and France involving tracing of assets, freezing of assets and a long term dispute between the taxpayer and the dedicated government units. Extensive preparation and continuous mediation sessions resulted in a settlement where subsequently the dispute will need to be mediated further to settle new factors.

A Non-UK Government Agency and An Oil Products Company
A claim by a non-UK government agency against one of its most prominent oil supply companies. Mediated in the country of origin with local lawyers and parties. Politically sensitive claim where previous negotiations had failed. Claims exceeded 10 million euros. A settlement in significant sums and with ancillary arrangements was obtained.

A Global French Company and A Global Swiss Company
Two global multi-national companies jointly responsible for hundreds of thousands of employees world wide and with bases in Geneva and Paris clashed in one area of their international businesses. Activities in Africa resulted in mutual complaints being instigated in London. The agency concerned approached me as there were potentially catastrophic public consequences for all involved. A process was designed and implemented which, after activity in Paris and London over a considerable period of time, resulted in a successful meeting in London. Top management was directly involved and the terms of the settlement remain forever wholly secret.

A Bank and A subsidiary of A Swiss Bank
Decision makers in the UK and Switzerland are working on finding a settlement to claims arising out of the purchase of an Insurance business. Litigation and mediation run in parallel and the final senior management meeting in mediation is to take place shortly where the multi million pound claims were the subject of a joint decision makers’ review pending final negotiation.

A French Bank and A Greek Shipping Family
A claim for breach of fiduciary duty against a French Bank brought by a Greek Shipping family involving tracing, contractual and money laundering issues in several countries. Claims £40m+ and mediation held in France.

An American Company and A French Commercial Agency
A commercial agency dispute mediated in Paris between an American Company and French Agents following termination of an agreement for supply of components to the Aerospace industry.

A Non-UK Regulator and A Utility Provider
A dispute over the expansion of the Regulator’s powers where the Utility Provider objected strongly on grounds of the illegality of the action and the possible commercial disadvantage that would occur. Mediated in place of origin.

An International Hotel Group and A Bermuda Hotel Group
A claim for the balance of monies due following the sale of hotels in Bermuda to an international hotel group. Legal, accountancy and factual issues, mixed with strong assertions about the conduct of local and international management. Over $10m claimed.

An American Photographic Retailer and An Italian Manufacturer
A world-wide distribution arrangement between an American photographic retailer and Italian equipment manufacturers was terminated and fundamentally changed in the UK. Claims and counterclaims were resolved and the business relationship maintained.

International Organisations:-

I am a member of the CPR Executive Advisory Committee which meets in New York and am a member of the CPR European Committee which meets in Paris, London and Geneva. I addressed the last European Congress of CPR in Paris, leading presentations given by judges from France and America.

I am a member of the IBA and took part in the ABA’s ADR programme at the AGM of the Dispute Resolution Section.

I am a panel mediator for the World Intellectual Property Organisation (WIPO).

I am a fellow of the International Academy of Mediators and attend their meetings in the United States. I am currently planning their first international meeting which will take place in September 2009 at SJ Berwin LLP’s offices in London.

I am undertaking SJ Berwin LLP’s initiative to support and develop mediation in Russia which commenced last year. This means that I have, to date, addressed two conferences in Moscow; one a SJ Berwin initiative which involved Moscow judges, and the second at a conference held by the Scientific and Methodological Centre for Mediation and Law for top policy makers and users in order to progress awareness and a mediation statute.

I will be undertaking a mediation awareness programme in private for all Russian judges in the forthcoming year.

Some Essential European Mediation Developments:-

The Directive was officially adopted by the European Parliament and Council on the 21st May 2008. Following this, the Directive was published in the Official Journal on 24th May 2008 and will enter into force twenty days thereafter, that is, the 13th June 2008.

Member States must comply with the Directive by the 21st May 2011, that is, three years after the Directive was adopted. However, the nomination of competent courts and authorities for the purposes of enforceability of agreements must be provided to the Commission by the 21st November 2010.

One of the important decisions that Member States will have to make is whether they wish to limit the provisions of the Directive to cross-border disputes or whether, and if so, how, they will apply it to internal disputes as well.

To remind you what it does, here is the link to a summary of the Directive and a link to the Directive itself, if you need more detail:

Summary

Directive

Also, a mediator Code of Conduct has been developed by the Commission. Finalised in July 2004, it has already been promulgated and can be found here:

Code of Conduct