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CDR Spring Arbitration Symposium Review: Philippa Charles and Ian Gatt QC’s panels

09 May 2017

 
Ian Gatt QC chaired a panel of distinguished arbitration practitioners at the CDR Spring Arbitration Symposium held in London on 27 April 2017.

The panel, comprising Wendy Miles QC (Debevoise, London), Paul Stothard (Norton Rose Fulbright, Dubai), Jason Yardley (Jenner & Block, London), Patricia Nacimiento (Herbert Smith Freehills, Frankfurt) and Kirit Javali (Jafa & Javali, New Delhi), discussed the topic of "Ensuring the Enforcement of Arbitral Awards" in a relaxed "Question Time" style format.

The panel commented on the importance of undertaking due diligence before the commencement of proceedings in order to ascertain for clients and funders whether there were identifiable and enforceable assets, and the use of third parties to assist in asset tracing. There was a comparative discussion of the ability to preserve assets pre-award in various different jurisdictions. Panel members also gave first-hand illustrations of problems and solutions they had encountered in enforcement proceedings, ranging from different approaches to the public policy ground for refusing enforcement to various local idiosyncrasies which need to be observed.

The panel members shared their experiences of funding enforcement proceedings and also trying to monetise awards by selling them on. There was a general recognition of the fact that whilst global enforcement was a reality, local knowledge and properly informing the arbitral tribunal of the requirements of the local courts in jurisdictions where recognition and enforcement might be sought was essential.

Ian Gatt QC at CDR Arbitration Symposium

Philippa Charles was one of the panellist speakers in the session that discussed the energy market and disputes in that sector. The session was chaired by Brandon Malone, Chair of the Scottish Arbitration Centre.

Philippa's presentation focused on time and cost efficiencies in energy disputes. She referred to recent user group survey data highlighting the need for arbitration and litigation processes to be used in conjunction with ADR processes, including but not limited to mediation, to give client parties the most effective outcomes. At present, the ADR offerings from major arbitral institutions seem to be underutilised and there is clearly scope for the arbitration community to make better use of the tools already available to meet the users' wishes.

The other distinguished speakers on the energy panel were Peter MacDonald Eggers QC of 7KBW, who spoke engagingly about quality and sampling issues in commodities disputes, Mark Clarke of White & Case, who tackled the issue of arbitrability in energy disputes, Gordon Nardell QC of 20 Essex Street, who highlighted some of the real risks of Brexit for disputes in the energy sector, and Luis Agosti of Cornerstone Research, who delivered an analysis from an economic perspective of the European gas market and the circumstances which continue to give rise to gas price review disputes.

A full summary of the conference can be found here - Changing times in arbitration, energy disputes and award enforcement


Ian Gatt QC, Stewarts LawIan Gatt QC is a Partner in the Commercial Litigation and International Arbitration teams. Ian is an experienced advocate and commercial litigator with more than 30 years' experience of all forms of dispute resolution. He was called to the bar in 1985 and was appointed Queen's Counsel in 2002, at the age of only 38. Ian has been noted in The Legal 500 guide for his work in professional negligence cases. He has been described as "dependable and reliable on just about everything" and "user-friendly, client-friendly, cost-effective and commercial".

Ian's expertise spans commercial and high-value employment disputes in the UK, Middle East and Asia. In the course of his career he has acted for a wide range of companies, financial institutions and individuals involved in domestic and international litigation and arbitration. Ian has acted in numerous disputes and arbitrations, including a US$100m Commercial Court dispute against Pan Oceanic Chartering for Unipec Asia following the early termination by Unipec of a long term contract of affreightment. He has also acted in an ICC arbitration relating to the alleged fraudulent sale of a mine that involved the application of Turkish law.

 

Philippa Charles, Head of International ArbitrationPhilippa Charles heads the International Arbitration department and is commended for her provision of "an excellent service for her clients." Sources praise her as a "bright, tenacious and energetic" practitioner with "good, up-to-date knowledge of the law."

She has extensive experience of high-value, complex cross-border disputes and has advised extensively on issues concerning jurisdiction and governing law, in addition to representing clients in both arbitration and court proceedings. She has written widely on topics relating to arbitration and cross-border issues in both the national and international press.

Contact us

  • Charles Philippa

    Philippa Charles

    Partner and Head of the International Arbitration Department, Stewarts Law LLP

    T: +44 (0)207 936 8127

  • Gatt Ian

    Ian Gatt QC

    Partner in the Commercial Litigation and International Arbitration departments, Stewarts Law LLP

    T: +44 (0)20 7822 8147

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