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Global: The Future of Dispute Resolution

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The COVID-19 pandemic will have long-lasting effects on our society and economy. It has already forced us to reevaluate how we socialize, work and conduct business, and has fundamentally changed the way we resolve disputes and administer justice.

While the enforced, temporary changes to our lifestyle and the economy are likely to be reversed as soon as it is safe to do so, in our view, many of the changes made to the way we resolve disputes brought about by COVID-19 should not be reversed. Instead, the relevant authorities and the legal community should take the opportunity to make fundamental changes to the way disputes are resolved for the benefit of those who pay for and use dispute resolution processes: taxpayers and litigants.

The purpose of this piece is to advocate for such change where appropriate, and to set out potential ways to deal with the challenges arising from such change.

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Andy is a partner in the Baker McKenzie Dispute Resolution team based in London. He advises clients on international, commercial and investment treaty arbitration as well as in complex, often multijurisdictional litigation, mediations and expert determinations. He also advises clients on issues pertaining to private and public international law. Andy is recommended in Who's Who Legal: Arbitration 2018 and individually ranked in the field of International Arbitration by Chambers UK, who describe him as "a 'superb' practitioner," and "very commercial" and also recognized by Legal 500, who call him "an arbitration doyen."

Author

Charles Thomson is a partner and solicitor advocate in Baker McKenzie’s Dispute Resolution Practice Group in London. He co-manages the Business Crime Unit, and is part of the Financial Institutions Disputes, Contentious Trusts and Compliance and Investigations Groups. Charles joined the Firm as a trainee in 2002, and concurrently spent three months on secondment as a judicial assistant at the Royal Courts of Justice in the Civil Appeals Division. A solicitor advocate since 2007, Charles appears as an advocate in all Higher Courts in England and Wales. Chambers and Legal 500 both commend Charles for his legal practice. Charles is also listed as a Rising Star in Litigation by Legal Week.

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Henry Garfield is a senior associate in Baker McKenzie's Dispute Resolution department based in London. Henry's practice focuses on fraud, asset tracing, internal investigations and business crime. He also undertakes general commercial litigation. Henry has just completed an 11 month secondment to the Serious Fraud Office, during which he was the Case Lawyer on an investigation into a £60 million fraud. The investigation involved unravelling trust and company structures in several offshore jurisdictions and has recently resulted in two individuals being charged with fraud and forgery offences.

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Joanna Ludlam is a partner in the Dispute Resolution team in Baker McKenzie's London office, where she leads the market-leading Regulatory, Public & Media law team and also co-leads the office's Compliance & Investigations Practice Group. At an international level, she co-chairs the Firm's Global Compliance & Investigations Steering Committee. In 2016, Joanna was named as one of The Lawyer’s “Hot 100” for her practice, and is recognised by Legal 500 and Chambers & Partners.

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Dogan Gultutan is an associate and Solicitor-Advocate (Higher Courts Civil Proceedings) in the Baker McKenzie Dispute Resolution team based in London. He focuses his practice on the resolution of commercial disputes, particularly through arbitration and litigation. He also has experience in regulatory and investigatory matters. Dogan is dual qualified (England & Wales and Turkey) and has over eight years' experience before the English and Turkish courts and arbitral tribunals. Dogan relocated from Baker McKenzie Istanbul and joined the London team in 2016. Dogan is also a PhD student at City, University of London, where he focuses his research on the general legal principles regarding the awarding of moral damages in international investment arbitrations. Dogan is also a Visiting Lecturer at City, University of London and has taught undergraduate and graduate students on International Economic Law, Equity and Trusts and Public Law.

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