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Covid-19

Global: Future of Disputes Virtual Series

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As the effects of COVID-19 continue to be felt around the world, businesses continue to face significant levels of instability and uncertainty caused by weakened financial markets and disruption to supply chains, workplace operations and business pipelines. Such instability and uncertainty will result in a growth in the number and types of disputes, and we have already seen judicial systems twist and turn to adapt to the new “norm”. Although the present circumstances undoubtedly present numerous challenges, there are also significant opportunities for those who are adaptable and sufficiently prepared.

Relevant questions include:

  • What does this future mean for how we will resolve disputes?
  • Does it create fertile ground for ever more complex disputes with commercial counterparties, regulators and governmental authorities?
  • Will it require us all to reassess where and how we resolve disputes in the future?
  • How can we be prepared for this future in order to minimize our risks?
  • Who will be the “winners” and “losers” from this future?
  • How will that impact the types of disputes and methods of resolution used?

Throughout November, we explored these questions and more via a series of virtual events in order to help our clients navigate the future of disputes — from dispute avoidance to dispute resolution. You can access the recordings and key takeaways below:

Plenary: The Big Picture
Key takeaways

Have Your Say: Are Virtual Hearings Here to Stay?
View recording
Key takeaways

The FCA: Looking Backwards or Forwards?
View recording
Key takeaways

The Rise of Fraud: What Businesses Should Do About It
View recording
Key takeaways

State Intervention and Business Support
View recording
Key takeaways

Class Actions and Consumer Claims
View recording
Key takeaways

Contract Drafting and Management in the COVID-19 Era
View recording
Key takeaways

The Future of Mediation: The Default Option?
View recording
Key takeaways

We would be happy to discuss the issues raised in the specific context of your business. If this is of interest, please contact us.

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Author

Steve Abraham is a partner in the Baker McKenzie Dispute Resolution team based in London and serves as the firm's Dispute Resolution chair for the EMEA region. Steve has a particular focus on international arbitration and ADR in the energy, mining and infrastructure projects, often involving projects in Africa, the Middle East and CIS countries.
In addition to acting in commercial disputes Steve advises in relation to investment treaty issues and in relation to risk and project management issues during the course of projects.
The current edition of Chambers & Partners describes Steve as "an impressive lawyer" who is "nice to deal with". Previous editions have described him as "superb", "very knowledgeable in construction" and "really strong on large-scale infrastructure and mining work", and commented that "his teamwork is great". He is also included in Legal 500's newly published International Arbitration Powerlist and as a leading practitioner in Euromoney's Expert Guide to Commercial Arbitration.
Steve writes and speaks regularly on international arbitration and construction law issues.

Author

Philip Annett is a partner based in Baker McKenzie’s London office focussing on complex investigations, litigation and compliance matters. He has an in-depth knowledge of working with UK and international regulators and enforcement agencies, having previously been a senior lawyer in the Enforcement Division at the Financial Conduct Authority (FCA) where he led some of the regulator's highest-profile enforcement cases. He also previously worked in the Bribery and Corruption Division at the Serious Fraud Office.

Author

Kate Corby is a partner in Baker McKenzie’s Dispute Resolution team in London. Kate has substantial experience of representing clients in complex litigation and arbitration, with a focus on construction and engineering disputes. She also has significant experience in advising on product liability, safety and regulatory compliance. Kate is a member of the firm's EMEA Dispute Resolution Steering Committee, and various of the firm's diversity related working groups at a local and global level. Kate is ranked as a Next Generation Partner in Legal 500 UK, noted for her "strategic thinking”, as being “excellent, smart, focused and very adaptable” and "highly regarded". Kate has also been ranked in Chambers UK and described as an adviser "who has impressed both clients and peers. Sources say: "She has great business acumen in addition to great legal knowledge. This was a tremendous help in maintaining and improving our relationships with our strategic partners in a very delicate moment."

Author

Lereesa is an associate in the Baker McKenzie Dispute Resolution team based in London. Lereesa advises on a range of matters, primarily in the field of commercial litigation. Lereesa has also assisted clients in a number of more specialist areas including public law and product liability. She is a member of the team's Regulatory, Public and Media Law sub-practice group and the Global Healthcare Industry group. Lereesa joined Baker McKenzie as a trainee solicitor in September 2014 and qualified into the Dispute Resolution Department in September 2016. During her time at Baker McKenzie she has spent time working in the Dispute Resolution teams in Baker McKenzie's Hong Kong and Madrid offices.

Author

Katia is a senior associate in the Baker McKenzie Dispute Resolution team, based in London. She advises clients on global dispute resolution strategy and settlement negotiation and acts on their behalf in commercial and investment disputes under LCIA, ICC, ICSID and UNCITRAL Arbitration Rules. She acts on behalf of governments and private parties in energy, large construction projects and post M&A disputes, where she has extensive experience. Her practice mainly involves multijurisdictional issues and she regularly advises clients on investment structuring and restructuring. Katia completed a nine-month secondment in Shell’s EMENA Litigation Group, working on a number of high-stake disputes. She taught international commercial and investment arbitration at King’s College London for several years and regularly publishes in the field of international arbitration.

Author

Marc Florent is a partner in the Baker McKenzie Dispute Resolution team based in London. Marc joined the Firm from another leading multinational firm in 2019 having been a partner there for 17 years and having been involved in several of the most significant cases in his field. Marc is a native English and French speaker. Chambers 2019 describes Marc as "notable for his expertise in structured finance disputes, particularly with regard to matters involving financial derivatives". In the Chambers 2020 Banking Litigation category, sources describe him as "a very good technical lawyer and a decisive team leader," who can "deploy his very substantial litigation experience to highly impressive effect."

Author

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.

Author

Yindi is a partner in the Baker McKenzie Dispute Resolution team based in London, and a member of the Compliance and Investigations group. Yindi’s practice includes a broad spectrum of complex and high-value international and domestic commercial litigation for multinational clients, with specialist expertise in anti-bribery and corruption investigations, compliance and trust disputes.

Author

Kate Geale is an Associate in Baker McKenzie London office.

Author

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.

Author

Julia Hemmings is a partner in Baker McKenzie's IT/Commercial Group based in London. Together with Helen Brown, Julia heads up the Consumer and Commercial Advisory Practice. Julia joined the Firm in 2001 and also worked in the Sydney office from March 2006 to March 2008.

Author

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.

Author

Hugh Lyons is a partner in Baker McKenzie’s Dispute Resolution department, based in London. He has extensive experience of high-profile and high-value commercial and financial disputes. His clients include major corporates, financial institutions and leading insolvency practitioners. Much of his work arises from disputed financing transactions, restructuring and insolvency, fraud and financial misconduct. He is also actively involved in the Firm's pro bono offering. Hugh is recognised for his practice by Legal 500, while Super Lawyers ranks him a “Top Rated Attorney in London” in the categories of commercial litigation, fraud and insolvency & bankruptcy. Hugh is a member of the Insolvency Lawyers Association and a fellow of the Association of Business Recovery Professionals.

Author

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

Judith Mulholland is a Senior Associate in the Baker McKenzie Dispute Resolution team based in London. Judith has considerable experience in international commercial arbitration, including ICC, LCIA, SCC, UNCITRAL and ad hoc arbitration under the Arbitration Act 1996, as well as ancillary and enforcement proceedings before the English Courts. Judith also regularly advises clients on complex and high-value litigation and other forms of Alternative Dispute Resolution.

Author

James Parker is a Senior Associate in Baker McKenzie London office.

Author

Anjuli Patel is a senior associate and solicitor-advocate in the Baker McKenzie Dispute Resolution team based in London. She has substantial experience working in the Firm's offices in London, Johannesburg and Hong Kong on a wide range of contentious and regulatory issues. Anjuli is recognised by the Association of Young Arbitrators (AYA) as one of Africa's 50 Most Promising Young Arbitration Practitioners for 2020. Anjuli has an MBA from Imperial College Business School, equipping her with a strong commercial focus and valuable business insight. She is also a member of the Mayor of London's Infrastructure Advisory Panel, supporting City Hall's work towards improving London's infrastructure.

Author

Jonathan chairs the firm's Financial Institutions Global Industry Group and is a partner in the London Dispute Resolution practice. Jonathan has deep experience in advising boards, executive teams and individuals dealing with issues of market integrity, ethics, brand and reputation impact, conduct risk, whistleblowing, market misconduct, systems and controls failings and remediation, public statements and investor relations, financial crime, fraud, regulatory investigation and enforcement, public policy, public law and civil and criminal litigation. Jonathan's substantial in-house experience delivers a highly strategic and commercial focus aimed at re-establishing confidence in the brand and individuals. Jonathan joined Baker McKenzie from Barclays Bank PLC. Spanning a decade of unique pressure in the financial sector amidst the global financial crisis, he led the global litigation, investigations and enforcement function and established the bank's financial crime legal team. Jonathan was responsible for a series of high-profile regulatory and criminal investigations in EMEA, the US and Asia Pacific regions and led a significant portfolio of wholesale and retail litigation. Supporting the bank's risk and compliance functions, he implemented and improved systems and controls in respect of money laundering, bribery and corruption, fraud and international sanctions. Jonathan worked with UK and US law enforcement and government intelligence agencies on counter-terrorism, organised crime and other domestic and international security initiatives. Jonathan is the contributing author to a number of leading legal and sector publications, including: Banks and Financial Crime: International Law of Tainted Money (Oxford University Press 2008, 2016); Global Investigations Review - The Evolution of Risk Management in Global Investigations (GIR 2016, 2017, 2018); and Risk.net's annual Top 10 Operational Risks (2018-2022).

Author

Ed Poulton is Managing Partner in Baker McKenzie’s London office and a member of the Dispute Resolution team. A key name in the arbitration community, Ed sits as an arbitrator in ICC and LCIA arbitrations, and is the consulting editor of a seminal text on the arbitration of M&A disputes. He also sits on the steering committee for the Firm’s Global International Arbitration Practice Group. Ed is recognised in the fields of international arbitration and public international law by Legal 500 and Chambers & Partners.

Author

Jo is a senior associate in Baker McKenzie's Dispute Resolution team in London. Jo advises clients in a wide range of industries on complex commercial disputes and investigations. She also regularly provides specialist product safety and regulatory compliance advice and acts for clients in product liability disputes. One of Jo's other areas of specialism is advising clients on a wide range of regulatory, public and administrative law issues, including judicial review, consultations, freedom of information and public procurement. Jo's practice often involves drawing on crisis management experience to help clients protect their reputations and shareholder value when dealing with urgent, time pressured issues and/or intense public scrutiny. Jo was ranked as a Next Generation Lawyer in the Legal 500 Product liability: defendant category in 2017. Jo has participated in the UK Government's Working Group on product safety and recalls and has assisted with the development of the Government's training programme for Trading Standards Officers on the new UK Code of Practice for Product Recalls.

Author

Francesca Richmond is a partner in the Baker McKenzie Dispute Resolution team based in London. Francesca joined Baker McKenzie in 2004 and was admitted as a solicitor in September 2006. She attained higher rights of audience to act as a solicitor-advocate in 2009. Francesca has been seconded to Baker McKenzie's offices in Chicago, Washington and Sydney as well as to clients Barclays Bank PLC, the BBC Trust and O2. Francesca was a marshall at the Royal Courts of Justice in 1998 and in 2000 sitting with a High Court judge.

Author

Marc Thorley is a partner in the Baker McKenzie Dispute Resolution team, based in London. Marc joined the Firm from another leading multinational firm in 2020 having been a partner there for 12 years, located in London and Hong Kong, and acting as the firm’s Asia Head of Dispute Resolution. Chambers 2020 describes Marc as a "seasoned litigator", and praised him for having "particular experience in financial litigation", "misconduct investigations, breach of contract and mis-selling claims". He is also recognised by other directories for his strong litigation background, including Legal 500.

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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