17 Nov 2016 | 01:57 pm | 1 min. read
International law firm Pinsent Masons has supported a global research study undertaken by the School of International Arbitration at Queen Mary University, London on their largest sector-specific empirical study in international arbitration.
"Pre-empting and Resolving Technology, Media and Telecoms Disputes" examines the views of over 340 legal specialists, enabling business leaders to compare their dispute resolution policies against those of their peers, both suppliers and potential customers.
The report identifies and considers critical factors for businesses across all industry sectors when establishing an effective dispute resolution strategy, anticipating which areas may be contentious in future, and how the market may need to respond.
David McIlwaine, Partner specialising in IT dispute resolution and renegotiation at Pinsent Masons, says:
"For any business, success is a product of many factors. The right approach to dispute resolution is undoubtedly one of them. Businesses will need to use, or be prepared to use, different mechanisms to protect their position and to improve their negotiation strategy. This research represents a truly global view of the TMT dispute resolution market and enables businesses to understand how their dispute resolution policies compare with the wider market as well as offering guidance on how to predict and pre-empt future risks and issues."
Professor Loukas Mistelis, Director of the School of International Arbitration at Queen Mary University of London, adds:
"The 2016 International Dispute Resolution Survey is the seventh survey released by the School of International Arbitration, Centre of Commercial Law Studies, Queen Mary University of London. We hope that it will help people in the sector to identify weaknesses and strengths, and more effectively to use the various dispute resolution mechanisms that are available. In short, to improve the way they approach dispute resolution."
Anthony Abrahams, Director General of the Chartered Institute of Arbitrators (CIArb), advocates the benefits of international arbitration and mediation.
“International arbitration and mediation are highly effective dispute resolution mechanisms. CIArb actively encourages professionals from a wide range of specialisms to train with the Institute in order to become alternative dispute resolution (ADR) practitioners.
“Business leaders can protect themselves from the delays and issues faced within court systems by including an ADR clause in their contracts. For ADR to truly flourish in the area of TMT disputes, more work will need to be done in order to reassure parties that the number of specialised practitioners is on the increase and that they can do the job. CIArb’s Dispute Appointment Service provides access to expert dispute resolvers worldwide.”
The full report, "Pre-empting and Resolving Technology, Media and Telecoms Disputes" can be downloaded here.
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