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Arbitration in disputes seminar

Date: 26th November 2019

Time: 09:00 - 13:05

Location:
Law Society of Scotland
Atria one, 144 Morrison street
Edinburgh
EH3 8EX

CPD Hours: 3hours 30minutes

Join us to explore the why, when and how of arbitration in detail and identify what arbitration has to offer to your practice and clients, advantages (and disadvantages, if any) versus traditional court proceedings, to equip you to make an informed decision.

Book by Friday 25 October to save 20% with our Early Bird rate

3.5 hours verifiable CPD

Arbitration (Scotland) Act 2010 has modernised arbitration in Scotland providing predictability and certainty to the Scottish regime. The mandate now rests with the legal community to take advantage of this method of alternate dispute resolution.

Join us to explore the why, when and how of arbitration in detail and identify what arbitration has to offer to your practice and clients, advantages (and disadvantages, if any) versus traditional court proceedings, to equip you to make an informed decision.

Our expert speakers will provide step by step guidance to the delegates, on how the process of arbitration unfolds and the essential advocacy skills necessary at each stage to increase your chances of success and avoid mistakes.

*Programme subject to change

Are you a solicitor experiences in arbitration or construction law? If so you may want to think about becoming an accredited specialist in this area. To find out more see Accredited Specialisms

At this event you will:

  • Gain an understanding of when is arbitration suitable in preference to other methods of dispute resolution
  • Understand the key stages in the arbitration process
  • Get practical top tips from experts about what to include and exclude in your arbitration agreement
  • Gain insight on how to use arbitration in your respective practice area by experts in the fields
  • Guidance on advocacy skills essential to increase your chances of success and avoid mistakes
  • Confidence that you can properly advise clients on the best method for resolving their respective dispute.
  • Brandon Malone, Director, Scottish Arbitration Centre
  • Alan McMillan, Partner, Burness Paull LLP
  • Shona Frame, Partner, CMS Cameron McKenna Nabarro Olswang LLP
  • Rob Wilson, Partner, CMS Cameron McKenna Nabarro Olswang LLP
  • 09:00 - 09:20

    Registration and refreshments
  • Speaker
    Brandon Malone, Director, Scottish Arbitration Centre
  • 09:35 - 10:05

    Arbitration clause: to include or exclude

    • When is arbitration suitable?
    • Why arbitrate if there are other options
    • Institutional rules or ad hoc arbitration

    Speaker
    Alan McMillan, Partner, Burness Paull LLP

    10:05 - 10:55

    Arbitration in commercial disputes

    Speaker
    Rob Wilson

    Rob Wilson is a partner and Solicitor Advocate at CMS in the firm’s ICE Disputes Group (Infrastructure, Construction and Energy). He is dual qualified (Scotland and England & Wales). Much of Rob’s work is of an international nature and he is often asked to advise on construction/engineering issues. In particular, he has worked with the energy sector since 1998. His practice covers litigation (both in England and Scotland), international arbitration (in particular, ICC, LCIA, UNCITRAL and LMAA) and mediation (acting both as mediator and in representing clients). A key focus for Rob is projects in Africa, the Middle East and CIS.

    With regards to arbitration, Rob is also the Scotland member of the Task Force set up by the ICC Commission on Arbitration and ADR in relation to National Rules of Procedure for Recognition and Enforcement of Foreign Awards pursuant to the New York Convention of 1958. He co-wrote the Scotland chapter of the CMS Arbitration Guide, the Fifth Edition of which is currently being prepared. He is also a member of the Arbitration Court Users Group in Scotland and was appointed an Ambassador of the Scottish Arbitration Centre in May 2019.

    Recent Directory Quotes include:
    •    Sources have highlighted his knowledge of the energy industry - "He is thorough in his preparation and tenacious in negotiations. He is very comprehensive and built us a bulletproof defence."  He also wins plaudits for his work on mediations. (Chambers UK)
    •    He is a “main name to note” in the space of commercial and joint venture disputes with regards to the development of large-scale projects, and international arbitration (Legal 500).

    10:55 - 11:05

    Panel questions and discussion

  • 11:05 - 11:20

    Refreshments and networking
  • 11:20 - 11:50

    Arbitration in property disputes

    Speaker
    Alan McMillan, Partner, Burness Paull LLP

    11:50 - 12:20

    Arbitration in construction disputes

    Speaker

    Shona is a Partner in the Infrastructure Construction and Energy Disputes team at CMS and has 25 years’ experience in construction and infrastructure dispute resolution. She has dual accreditation by the Law Society of Scotland as a specialist in Construction Law and in Arbitration Law.


    She is regularly involved in providing strategic advice on the management and resolution of complex construction and infrastructure disputes with a view to finding a path through the issues taking into account both her clients’ commercial aims and objectives and the legal framework.


    Shona’s sector experience includes infrastructure (roads, bridges, airports, interconnectors); PFI projects (schools, hospitals, waste, sewage treatment, water treatment, waste to energy); marine (coastal defences, harbour); commercial developments (shopping centres, offices, hotels, retail, conference centres, housing, leisure centres); education (university and college campus developments, research facilities) and utilities.


    Shona frequently writes for and speaks to industry bodies on construction related topics and was a contributor and joint Editor of the textbook “MacRoberts on Scottish Construction Contracts”. She is a Director of the Scottish Arbitration Centre and Co-Vice Chair of the IBA International Construction Projects Committee.
    She is a Fellow of the Chartered Institute of Arbitrators, an Honorary Fellow of the Royal Incorporation of Architects in Scotland, a CEDR Accredited Mediator, is on the Chartered Institute of Arbitrators (Scottish Branch) Arbitrator Panel and RICS Adjudicator Panel and is a CEDR Commercial Arbitrator and Law Society of Scotland Solicitor Arbitrator.


    She is ranked in Chambers & Partners (Band 1) and Legal 500, recognised in Who’s Who Legal Construction and Mediation and is an Acritas Star Independently Rated Lawyer.


    Who’s Who Legal Construction 2018: “Shona has a fantastic knowledge of the law – a client is always in safe hands with her on their side as she will give every matter 100 per cent commitment.”


    Chambers UK 2018: "continually impressive - pragmatic, articulate and commercially sound, with a wealth of experience across a wide range of dispute resolution procedures."


    Chambers UK 2019: "Shona obviously has a good grasp of dispute resolution and strategies to be adopted in the adjudication process. She led us through the process with confidence and reassurance."

    12:20 - 12:50

    Advocacy in Arbitration

    • Adapting your style to arbitration
    • Common mistakes and how to avoid them
    • Refining techniques

    Speaker
    Brandon Malone, Director, Scottish Arbitration Centre

    12:50 - 13:00

    Questions and discussion

  •  

Prices

prices exclude VAT

Member:
£147.34
 
New member:
£134.53
 
Accredited Paralegal:
£134.53
 
Trainee:
£134.53
 
Unemployed member:
£123.86
 
Non-member:
£162.29
 

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