Pinsent Masons & Queen Mary University of London to assess the efficiency of international arbitration in resolving technology disputes

31 May 2016 | 03:55 pm | 1 min. read

International law firm Pinsent Masons and Queen Mary University of London ("QMUL") are launching a research project to uncover how businesses can streamline their approach to technology dispute resolution.

Today marks the launch of the first phase of the research, a survey of businesses to identify and benchmark common market practices for resolving technology, media and telecoms ("TMT") disputes, (including through mediation and arbitration). Businesses are invited to participate in the survey which is open until 17 July 2016.

Technology disputes are renowned for their significant legal costs and lengthy resolution processes, many of which have hit the headlines (including numerous public sector projects). 

Over the next four months the study, led by the Pinsent Masons research fellow at QMUL, Gustavo Moser, will undertake an empirical study analysing businesses' experiences of TMT dispute resolution and their perceptions of the effectiveness of the different resolution processes available.

David McIlwaine, a Partner specialising in IT dispute resolution and renegotiation at Pinsent Masons, says:

"Businesses are prepared to invest significant amounts of money in technology, whether in relation to software implementation projects,  services integration programmes, outsourcing relationships, communications upgrades or otherwise,  In doing so, customers place a huge amount of trust in suppliers to deliver to their business and to maintain business operations.  But such relationships can go badly wrong, and where they do the issue becomes how best to resolve these complex disputes in the most effective way, particularly where the parties are of different nationalities. National courts and international arbitration each have benefits and detriments, but which will deliver reliable and enforceable decisions quickly and cost effectively?  This study will reveal the market's preferred approach and reasons for that."

Gustavo Moser, Pinsent Masons Research Fellow in International Arbitration, adds:

"With the support of major businesses inputting into our research, this empirical study will provide the industry with both a definitive guide to help benchmark a business's approach to dispute resolution against the industry standard, as well as a fresh approach to directly address the challenges that impact the efficiency of the process."

The study is the seventh in a series of research projects from QMUL's School of International Arbitration and is the first of its kind bespoke to the TMT sector.

Professor Loukas Mistelis, Director of the School of International Arbitration at QMUL, notes:

“While there is a great of data relating to the attitudes of significant users of arbitration, such as construction and energy, related data for technology, media and telecoms sector are scarce. A bespoke survey will assist the wider arbitration community identify the expectations and needs of this significant sectors of modern economy.”

Survey closes 17 July 2016. To participate, please visit: http://www.arbitration.qmul.ac.uk/research/2016/

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