Dispute Resolution Clauses: Mediation, Arbitration and Litigation from an International Perspective during the COVID-19 Pandemic

World Class Speakers | 100+ Lawyer Attendees | 3 Sessions | 60 Mins

Agenda

30 July 2020 @ 2:30 PM UTC

Dispute Resolution Clauses: Mediation, Arbitration and Litigation from an International Perspective during the COVID-19 Pandemic

 

Due to non conformity of any one or more of the essential Commercial elements as laid down in the principles of a contract, involving two or more conflicting parties, disputes are sometimes inevitable and unavoidable. To ensure avoidance of a long drawn, financially burdensome legal dispute, it is equivocal and jurisprudent for disputed parties to take recourse to an alternative form of settlement of a dispute. Thus Mediation, Arbitration and Litigation form an integral part of resolving a disputed crisis especially at a time when the whole world is battling the Covid 19 crisis, thereby at the same time helping to maintain the required business relationship intact and sound. In this webinar Legal experts try to fathom the possibilities of the following format of settlements and analyze the resolution clauses from an international perspective.

 

  • Understanding variations in the concepts of Mediation, Arbitration and litigation from the International Legal perspective.

  • The role of the third party and his legal standing.

  • Why is these resolution clauses seen as the most potential for of settlement of International Legal disputes?

  • How relevant are these dispute resolutions especially at the time of a great crisis for mankind, which is the Covid 19 pandemic?

  • Distinct advantages in using Mediation. What is a Mediator’s Legal standing and how does it confirm to the interest of the warring parties? Rules governing Mediation.

  • The Arbitrator’s professional Legal position, an understanding. Implications and accordance of the Arbitrator’s decision on the parties to the dispute.

  • Procedure of applying Mediation and Arbitration in conjunction towards settlement of a Legal dispute.

  • Confidentiality of the processes and disclosures by the conflicting parties, an understanding of the clauses involved in it.

  • Issues triggering disputes in the short term due to the Covid 19 crisis Worldwide - Force Majeure / Frustration / Impossibility

Speaker

Sarosh Zaiwalla

Senior Partner at Zaiwalla & Co
London, United Kingdom

In 1982 Sarosh started the first London law firm in the one square mile district of the City opened by a solicitor born outside of Europe. He began his practice in shipping arbitration working primarily for the Indian Government, before expanding out into commercial law where today he is widely regarded as a trailblazer in litigation & arbitration having changed the law in over 115 commercial cases in the UK.


Sarosh is named in GQ UK’s (2016) 100 Most Connected Men and is appointed to the
Council of the University of Chicago’s Harris School of Public Policy. He is a former
member of the International Court of Arbitration of the ICC, Paris, (1990). In 2002 the Indian Prime Minister awarded him for his outstanding contribution to the field of
International Arbitration Law.


In June 2019 Sarosh and his firm successfully settled a 9-year $1.3 billion claim brought by his client, Iran’s Bank Mellat, against the UK Government for the wrongful imposition of sanctions against the Bank. This was the highest value claim ever brought in the UK for such a sanctions case. Sarosh credits his success to the fact he does not readily accept the status quo, “I always look to find new points of law that can be worked into an effective strategy for my clients. You need courage with integrity.”

 

Over the years Sarosh has amassed a phenomenal global client list of industry,
governments, high profile individuals in public life and celebrities in entertainment and
sport. He has even been called upon by the Dalai Lama to facilitate a dialogue with China
over Tibet.

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