Arbitration and Mediation

Arbitration

Arbitration is now 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.

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

Currently there is one CEDR-accredited mediator in Chambers, Richard Meade QC. Richard is willing to accept instructions to act as a mediator through mediation service-providers or directly through the clerks in Chambers.

Richard was accredited by CEDR in 2003. Since then he has had experience of mediations in fields including patent infringement disputes, patent licence disputes, design right disputes, trade mark disputes, joint venture disputes, and general commercial disputes. He has acted as lead mediator and assistant mediator on a number of occasions, and he has also represented parties during mediations, particularly in preparing mediation statements, developing strategies for successful mediation, and representing clients at mediations.

In addition to Richard, many members of chambers have experience of representing clients in mediations and preparing for mediation.