HCP specialises in off-market and silent offers. Our clients and most properties are confidential, therefore, HCP does not use any website for real estate offers. Instead, a significant network of wealth managers, international legal firms and a few selected magazines are used only. HCP operate in MARBELLA, MIAMI, MONACO, BEVERLY HILLS, HAMPTONS LONG ISLAND and other unique places. The extensive cooperation with property holders and developers, well-known architects and real estate agents put HCP in an excellent position to verify the whole market according to the special requirement of each client. Anja Geselbracht, Managing Director, and her partner firms provide real estate, legal and financial advisory on the highest level. Please contact us personally to find out all about our confidential offers. hcp@international -enquiries.com | +34 632 480 347 Anja Geselbracht CORPORATE OFFICE EUROPE: ABAT ESCARRE 6, 25001 LLEIDA-BARCELONA-AREA/SPAIN experience in international real estate transactions and portfolio management.
Welcome to the August 2022 Edition of Lawyer Monthly! This month’s edition features a focus on alternative dispute resolution. Throughout our Expert Insight, Thought Leader and My Legal Life sections, we take a deep dive into some of the most engaging aspects of ADR from a global perspective. From the emergence of arbitration in Saudi Arabia to the popularity of mediation in the Hong Kong construction industry, we consult legal experts on many of the most thought-provoking topics in the dispute resolution space. Our front-cover features this month are equally engaging. We have the privilege of interviewing Graham Chase, an extensively experienced chartered surveyor who draws upon his knowledge and training to predict the coming shifts in the UK property market. We also hear from Avigal Horrow, who relays the fascinating trajectory of her own career in law, and Jaime López, who explores the factors that are conspiring to make Mexico a new M&A powerhouse. In addition to these exclusive interviews, this month’s magazine includes a range of articles on the topics currently dominating the global legal landscape. In the Special Features section we take a look at the legal profession’s mental health crisis, the mounting backlash to the Supreme Court’s reversal of Roe v Wade, and the reasons behind the ongoing barrister strikes that have rocked the UK courts. As ever, the August edition also comes with a monthly round-up of M&A news, lawyer moves and many other matters sure to be of interest to the legal sector. We hope you enjoy this edition. Approx. 302,000 net digital distribution. LAWYER MONTHLY©2022 Universal Media Limited Lawyer Monthly is published by Universal Media Limited and is available on general subscription. Readership and circulation information can be found at: www.lawyer-monthly.com The views expressed in the articles within Lawyer Monthly are the contributors’ own. All rights reserved. Material contained within this publication is not to be reproduced in whole or in part without prior permission. Permission may only be given in written form by the management board of Universal Media Limited. Universal Media Limited: PO Box 17858 Tamworth, B77 9QG, United Kingdom Tel: 0044 (0) 1543 255 537 Follow Us: @lawyermonthly @LawyerMonthly @lawyermonthly linkedin.com/company/lawyer-monthly - EDITOR Oliver Sullivan email@example.com PRODUCTION MANAGER Emma Tansey firstname.lastname@example.org - A Note From the Editor Oliver Sullivan Editor - Lawyer Monthly LM EDITOR'S NOTE 3 AUG 2022 | WWW.LAWYER-MONTHLY.COM
INSIDE THIS ISSUE Contents 4 WWW.LAWYER-MONTHLY.COM | AUG 2022 12 Graham Chase A Career of Excellence in the Property Sector WORLD REPORT 6. Monthly Round-Up 8. Lawyer Moves - Recent Appointments FRONT COVER FEATURE 12. A Career of Excellence in the Property Sector with Graham Chase MY LEGAL LIFE: 18. How Has Arbitration Emerged in Saudi Arabia? with bdulaziz Aldomaiji 22. The Last Chapter: Journey of an Attorney with Avigal Horrow, AH Consulting Group SPECIAL FEATURES: 26. Exploring the UK Barristers' Strike By Oliver Sullivan 30. Getting to the Heart of Mental Health Issues in the Legal Profession with Tom Keya, Soulh 34. Roe v Wade: The Legal Perspective with Rebecca Torrey, The Torey Firm EXPERT INSIGHT 38. How is M&A Shaping Up in Mexico? with Jaime G. López y Porras, DeForest Abogados 44. ADR and Statutory Adjudication in the Hong Kong Construction Industry with John Lau, Independent Arbitrator, Adjudicator and Mediator 48. Promoting Dispute Resolution in The Bahamas with Caryl Lashley, ADR Bahamas | Dupuch & Turnquest THOUGHT LEADER 52. Mediating in Marine Construction and Dredging Works with Kunal Mishra, National Marine Dredging Company 56. Mediation Highlights with Marco with Marco Francesco Abruzzi-Lilliu, Accordance Dispute Resolution LLP 60. Crafting an Effective Legal Directory Submission with Daniel Kidd, Kidd Aitken Legal Marketing EXPERT WITNESS 64. ‘Clean’ and ‘Dirty’ Experts in Construction Disputes with Peter Jerome, Ankara Consulting (Australia) Pty Ltd TRANSACTIONS 74. What’s Happening in the World of M&As and IPOs?
INSIDE THIS ISSUE 5 AUG 2022 | WWW.LAWYER-MONTHLY.COM Avigal Horrow The Last Chapter: Journey of an Attorney 38 22 26 Abdulaziz Aldomaiji How Has Arbitration Emerged in Saudi Arabia? 18 Jaime G. López How is M&A Shaping Up in Mexico? EXPLORING THE UK BARRISTERS’ STRIKE
MONTHLY ROUND-UP On 18 July, Twitter Inc accused Tesla CEO Elon Musk of attempting to “slow walk” the social media giant’s lawsuit to hold him to his $44 billion takeover. Twitter has pushed for a trial to take place in September to ensure deal financing remains in place. Mars Inc, which owns Skittles, has been sued by a consumer who claims that the sweets are unsafe to eat because they contain a known toxin that the company had pledged to phase out six years ago. ELONMUSK IS “SLOW-WALKING” TRIAL OVER $44BILLIONTAKEOVER DEAL, TWITTER SAYS SKITTLES CONTAIN DANGEROUS TOXIN, SAYS US LAWSUIT “Millions of Twitter shares trade daily under a cloud of Muskcreated doubt,” Twitter said. “No public company of this size and scale has ever had to bear these uncertainties.” Twitter is suing Musk over his attempt to abandon his $44 billion takeover deal. Twitter has asked a Delaware judge to order Musk to complete the deal at the agreed price of $54.20 per share. Twitter has said that if Musk In a proposed class action, plaintiff Jenile Thames accused Mars of putting consumers at risk by using “heightened levels” of titanium dioxide (TiO2) as a food additive. The lawsuit also highlighted that the European Union is set to ban titanium dioxide next month after a food safety regulator there deemed it unsafe due to “genotoxicity”. “A reasonable consumer would expect that [Skittles] can be safely purchased and consumed as marketed and sold,” the complaint said. “However, the products are not safe.” The lawsuit is seeking unspecified damages for fraud and violations of California consumer protection laws. LM is ordered to close the deal, it may still take several months of additional litigation to close the debt financing, which is due to expire in April 2023. As such, the social media giant has asked the judge to reject Musk’s request to hold the trial in February. Musk has accused Twitter of rushing the trial to obscure the reality of its issues with spam accounts. He claims the company is trying to “railroad” him into the deal. LM 6 WWW.LAWYER-MONTHLY.COM | AUG 2022
MONTHLY ROUND-UP The Dutch subsidiary of Air France, KLM, is being sued by various environmental groups over greenwashing allegations. A US judge has ruled that Apple Watches violate AliveCor Inc’s patent rights in wearable devices with electrocardiogram (ECG) technology. DUTCH AIRLINE KLM SUED OVER ALLEGED GREENWASHING APPLEWATCH IMPORTBAN ON THE CARDS AFTER JUDGE FINDS PATENT INFRINGEMENT The groups are suing over KLM’s advertising campaign “Fly Responsibly”, which they claim breaches European consumer law by misleading the public over how sustainable the airline’s flights are. The lawsuit was filed on Wednesday by Dutch campaigners Fossielvrij NL, backed by environmental law charity ClientEarth and Reclame Fossielvrij. KLM asserts it has invested millions of euros AliveCor accused tech giant Apple of infringing three patents related to its KardiaBand, which monitors its wearer’s heart rate, detects irregularities, and identifies potential atrial fibrillation through ECG. The judge’s ruling establishes a vote by the full commission that may well see an import ban imposed on the Apple device. A final decision is expected by 26 October. “Today’s ruling is a strong validation of our IP and underscores that patents matter and even an influential company like Apple cannot simply violate them to stifle innovation,” said in a push toward a more environmentally friendly air fleet and is aiming for net-zero carbon emissions by 2050. The Dutch airline attempted to resolve the issue with the groups prior to the suit being filed, though it came up short. Speaking to Reuters, the airline said, “It would certainly not be in our interests to misinform our customers. It’s our responsibility to make future travel as sustainable as possible.” “We believe that our communications comply with the applicable legislation and regulations.” LM Priya Abani, CEO of AliveCor in a statement. “Since the start, our focus has been on our customers and providing them with strong choices to help monitor their cardiac health, including KardiaBand, the first-ever FDAcleared ECG device accessory for Apple Watch.” While the president of the US has the power to veto an import ban, this is something that seldom occurs. Once the presidential review period concludes, parties can appeal the ban to the Federal Circuit. LM 7 AUG 2022 | WWW.LAWYER-MONTHLY.COM
LAWYER MOVES Leading full-service Scottish law firm Thorntons has bolstered its senior team by awarding partner status to three legal directors and promoting four associates to legal director, across its Edinburgh, Glasgow, Dundee and Cupar offices. Additionally, two senior solicitors have been promoted to associates and three solicitors promoted to senior solicitors in Edinburgh and Arbroath. The new partners are Kathleen-Erin Lawson in Edinburgh, Susan Dunn in Cupar and Chris Gardiner in Dundee. As an accredited specialist in personal injury law, Kathleen-Erin Lawson pursues complex, high-value cases involving life-changing injuries within the dispute resolution and claims team. She has been with the firm since joining as a newly qualified solicitor in 2008 and has since contributed to the growth and success of the Edinburgh personal injury team. Susan Dunn has been with Thorntons since 2001 when she was a trainee and has since worked across the firm’s Angus offices, then Perth, St Andrews, Anstruther and now Cupar. As a key member of the residential conveyancing team in Fife, Susan’s expertise includes house purchases, sales, remortgages and transfers of title. Also starting with the firm as a trainee in 2014, and now based in the private client team in Dundee, Chris Gardiner advises individuals and families on asset protection and tax efficient succession planning, including the drafting of wills and powers of attorney. The four new legal directors are: Gurjit Pall from immigration law in Glasgow, Stephanie Watson from personal injury in Edinburgh, Lisa Hainey from wills trusts and succession planning in Cupar and Cheryl Wallace from family law, also in Cupar. Thorntons Makes New Addition to Leadership Team Dentons has announced the promotion of two senior associates to partnership and the transition of two Barbados-based partners to regional roles. Regional Head of Litigation and Dispute Resolution Satcha Kissoon will assume the role of Managing Partner for Barbados and the Eastern Caribbean. Kissoon was recently named “Notable Practitioner” by Chambers and Partners in the 2022 edition of their Global Guide. He will continue to lead the regional litigation and dispute resolution team. Erica Marshall-Forde has been appointed as Regional Head of Dentons’ property and real estate team. Erica has been with the firm for almost 10 years and has established herself as an authority in the areas of residential and commercial property and real estate matters as well as in the areas of hotels and resorts, infrastructure and PPP and related finance. Dentons has almso promoted Joia W S Reece and Michael Koeiman from senior associate to partner. Reece’s practice primarily focuses on bankruptcy and insolvency as well as general civil litigation matters, while Koeiman advises clients on matters related to commercial litigation, labour disputes, and multifaceted and cross-border insolvencies, restructuring and enforcements. These promotions became effective as of 1 July 2022. Allen & Overy has announced its hire of corporate experts Gilbert Li and Iris Yeung, both formerly of Linklaters. Li, who headed the Hong Kong corporate practice at Linklaters, advises on M&A and enterprise content management, covering the energy, infrastructure, financial services and fintech sectors. He will split his time between A&O’s Hong Kong and Sydney offices. Yeung advises investment banks and corporations on M&A and equity fund-raising. She will work closely with A&O’s Greater China practice, as well as its joint operation firm Shanghai Lang Yue Law Firm to provide Mainland China companies with Hong Kong-related services. Yeung worked at Linklaters for more than 12 years, having started her legal career there in 2010. With these additions, A&O’s partner strength in Hong Kong has risen to 29. Dentons Adds Two Partners and Regional Leaders Allen & Overy Hires Two Hong Kong Corporate Partners from Linklaters 10 WWW.LAWYER-MONTHLY.COM | AUG 2022
LAWYER MOVES Global law firm Norton Rose Fulbright is expanding its innovation capabilities with the appointment of Lena Haffner as innovation manager for Germany. Lena Haffner is a senior real estate disputes lawyer based in Hamburg and has worked on multiple innovation projects. She led the development of a solution to handle high-volume claims more efficiently and effectively. In her new role, Lena will lead efforts to enhance the client experience and champion the use of legal technology tools. Lena commented: “We want to provide our clients with a better legal experience. Whether delivering work more efficiently or in a more costeffective manner, the result we want is that our clients thoroughly enjoy the end-to-end experience of working with Norton Rose Fulbright.” Bernhard Fiedler, a partner in the Frankfurt office of Norton Rose Fulbright and vocal advocate for change and innovation in the German legal market, added: “We have for many years designed and delivered inventive and scalable solutions for clients in Germany as part of NRF Transform, the firm’s global innovation and service delivery programme. Lena’s appointment as innovation manager means we now have a designated individual in Germany to lead change and innovation initiatives. This will allow us to drive change at pace, which is necessary in the current economic climate.” Norton Rose Fulbright in Germany has won numerous awards for innovation. In 2021, the team won Wirtschaftswoche's Best of Legal Award in the technology and data management category and was highly commended at The Lawyer European Awards 2021. Previously the team was a finalist of the PMN Management Awards 2020, shortlisted at the FT Innovative Lawyer Awards 2019 and was a winner at The Lawyer European Awards 2019. Norton Rose Fulbright Bolsters Innovation and Tech in Germany Freshfields Bruckhaus Deringer (Freshfields) has appointed partner Gwen Senlanne as its new global head of people & reward, effective 15 July. Gwen will succeed Boris Dzida, who has completed his term and will return to focusing on his practice at the firm. Having joined the firm’s people & reward practice group in Paris in 2001, Senlanne became a partner at Freshfields six years later. He specialises in all employment and labour-related issues arising from M&As, company reorganisations, global investigations and other sensitive employment law matters, including litigation. Freshfields Senior Partner Georgia Dawson commented: “I’m delighted to announce the appointment of Gwen Senlanne to lead our global people & reward team and look forward to supporting him in his strategic leadership of the practice. “Our people & reward team is a market leader in addressing employment-issues across sectors, including advising on workplace modernization and cross-border transactions. Gwen brings significant experience to this role, which underlines the strong pool of talent we can draw upon at Freshfields for key leadership positions. In addition, I would like to acknowledge the contribution made by our incumbent head Boris Dzida, who played a leading role in driving the strategic growth of the practice.” In a statement, Senlanne said: “I look forward to assuming the global leadership of the people & reward practice and continuing to work alongside my talented colleagues to address our clients’ most complex and sensitive employment and labour related issues. I would like to acknowledge Boris for his support in the transition and for his leadership of the practice during his tenure.” Freshfields Appoints New Global Head of People & Reward 11 AUG 2022 | WWW.LAWYER-MONTHLY.COM
aham Chase A Career of Excellence in the Property Sector For this year’s August edition, Lawyer Monthly has had the pleasure of speaking with Graham Chase, chairman of Chase & Partners LLP. As a chartered surveyor, arbitrator, valuer and expert witness, Graham has amassed a wealth of experience in the UK property sector over decades of successful practice. In this feature, he shares his insights as to where the property sector is heading and how he has found success in his professional pursuits.
or our readers who may not know of you, please tell us a little about your career development to date. I am a chartered surveyor and chartered arbitrator. My first job was as a building surveyor at the BBC in 1976, followed by a spell from 1978 at Ladbrokes as a regional estate manager, joining Clive Lewis and Partners Commercial Property Agents and Consultants on 1 January 1980. I was appointed an equity partner in 1985, heading up the retail division before merging with Edward Erdman to form Colliers Erdman Lewis in 1993, where I was chairman of the retail group. I left in 1994 and set up Chase and Partners, which commenced trading on 1 June 1995. 27 years of progress has seen the company change and evolve with the ebb and flow of market conditions, employing over 50 people by 2005 but now much smaller and operating with a wide range of consultants brought in to work on specific projects which requires their expertise. As well as chartered surveyors, Chase & Partners are chartered town planners and I have practiced as a chartered arbitrator in alternative dispute resolution for over 20 years as a member of both the RICS and CIArb dispute resolution panels. I have been a lecturer at Westminster University for over 30 years and about 10 years ago was appointed as a visiting professor. I have held several other posts at a number of universities and have always felt this relationship with education has helped me in my day job as a market-based estate agent and dispute resolver. If you are going to teach others, you must know the subject yourself – an exceptionally good discipline. What first prompted you to train as a chartered surveyor? I won an RAF Flying Scholarship and was encouraged to go to Cranwell and train F 14 AUG 2022 WWW.LAWYER-MONTHLY.COM property work, and it is the people in the property industry that make things happen. The key is to understand that markets will dominate, and that nobody is bigger than a market. You can become involved, influence and be active in taking advantage of market shifts and trends, but you cannot beat markets – as many major companies and governments have found to their cost. It is therefore critical to be immersed in markets and understand who the players are, what they require, how they operate and where value is secured from their activities. If you understand these fundamentals and work hard at staying connected and ahead of the mass markets, you will succeed. Arrogance, laziness and a lack of understanding of what is happening all around you will cause you to fail. A common mistake is an expectation that you can predict the future – nobody can. The trick is to understand the history, background and trends, gauge where economies are and feel comfortable making decisions based on informed understanding. However, if you believe you can predict the future, that will be the start of your problems. I believe in a degree of luck, but you tend to make your own luck. as an RAF pilot but applied instead for a scholarship with BOAC. At the same time, an airline company called Court Line went into receivership, releasing some 200 pilots onto the market who were taken up by BOAC, cancelling all their student pilot training. My father suggested I look at surveying as he knew I got on with people and liked activity, not being stuck behind a desk. It was the best move I made as I have had an enjoyable, interesting, and exciting career which has constantly changed. When I gave up flying as a private pilot in my mid-30s, I realised I would have been bored flying a bus around the skies. In the course of your work you have overseen the management and development of retail, food, leisure and healthcare properties. What unique considerations had to be made when handling these distinct sectors? Although distinct sectors, they have two things in common – property and people. It is always the people who make the business that is conducted from the
What other insights have you gained from this work? The importance of friends, integrity and the good people you work with. Whether you are a client or an adviser, it is the combination of the individuals that creates the team, and good teams are successful and a pleasure to work with. Many people say they will not work with friends, but I only ever work with people I am able to refer to as friends. What changes have you observed in the real estate sector during your time as a surveyor? Too many to remember, let alone comment on. What has been the constant are people and their expertise. The good operators can adapt regardless of the circumstances and have a steely determination which is focused but brings everyone into their sphere of influence and confidence. The biggest changes in my career have been government intervention in markets often suffering from the laws of unexpected consequences, the focus on property for government policy and greater taxation, and the spread of 15 AUG 2022 WWW.LAWYER-MONTHLY.COM live, work and play and which are run with the provision of local services such as education, medical and police run the risk of becoming backwaters. I fear the current government sustainability programme for existing buildings may result in a swathe of redundant property creating a significant underutilisation of existing stock as a factor of production with the consequent economic impact and greater damage to the environment – not less. Business Start-up businesses by private individuals will be difficult to finance and maintain. Those that can grow will be increasingly burdened by administrative and statutory requirements, snuffing out entrepreneurial thoughts and activities. The winning businesses will be those that get their teams to work together regularly and not sat in front of a screen at home in isolation, bringing teamwork to the fore and allowing new and inexperienced staff to be trained by the involvement and availability of experienced staff on site. Workers will have to learn to live closer to where they work, meaning that retailers will win physical trading where they focus on centres that have a local population or on larger centres where the environment is an exciting and dynamic one. Investment There is a lack of understanding of how property markets work, which will result technology – such as the development of communication technology from the fax machine to today’s smartphones and computer-based working, and databased companies who take information from the market and then sell the same information back to the market. On the positive side, I have seen improvements in Industry training, qualification standards and CPD/LLL, but the negatives are loss of wider thought and language precision, siloing of individuals within corporates, a reduction in direct business and social contact with the associated loss of camaraderie and understanding, and the dilution of reliable market journals and accurate reporting standards. Do you have any predictions for trends that may soon emerge? Nothing that has not been considered by many, but the key guesses I have about the future from a property perspective are as follows: General It will become a more frightening world to operate within as trading blocs become more politically motivated, with the potential for greater conflict arising such as the current war in Ukraine and the tension between China and Taiwan. We may see the emergence of a new cold war era as energy and water will become resources that economic blocs will fight over. The elderly will be forced to work beyond the increased retirement age because of rising costs of day-to-day living, medical needs and care, and the individual will become subject to closer daily scrutiny. Electronic formats will become dominant but lead to a number of social classes being excluded. Many of the poor standard apartment blocks that have been built since the 1990s will become the slums of today as property development and the creation of modern property-based factors of production will become increasingly nationalised by quota and taxation provisions. Those town centres that do not create mixed uses and communities where people If you are going to teach others, you must know the subject yourself – an exceptionally good discipline.
in more failures in many aspects of the property market both residential and commercial. The legal issues arising are becoming more complex, more expensive to deal with and less capable of providing what is required by both occupiers and owners. The mismatch between short-term occupation requirements by businesses and long-term capital requirements of developers and investors will make property more expensive to produce and property investment returns increasingly difficult to secure. Winning locations will be focused around or close to strong transport hubs, with property winners being those who can provide a quality product and avoid shortterm profiles. Winning property investors will be those who understand tenants as customers and provide a service that supports the occupying business but does not interfere with their ability to operate independently. There are some great experienced property investors and managers who can provide such facilities, but there are many who provide poor, depressing spaces that will drive more individuals to work from home. In addition to your role as a surveyor, you are also a practiced arbitrator and expert witness. Based on your experiences, can you offer any advice to new practitioners in these areas? Every case is different, but my experiences are as follows: Dispute Resolution (Arbitration and Independent Expert) Cases can be complex. It is important to read everything that is put to you and ensure both sides have a fair chance of putting their arguments forward. The art is determining what the issues are, understanding the arguments and making your decision on each one straightforward and understandable. In most cases, even when a party has lost, they accept the decision if they can see why they have lost. It is when reasons are fudged or poor that the parties to a dispute become frustrated and disappointed with the service. 16 AUG 2022 WWW.LAWYER-MONTHLY.COM Of your many career accomplishments, is there one which you are most proud of having achieved? There are a number which I cannot separate, but the following are foremost in my mind: i. The success of Chase & Partners continuing to have a viable and exciting business after 27 years of trading; ii. My appointment as a visiting professor to Westminster University with 35 years of lecturing as a market-based contributor; iii. Becoming President of the Royal Institution of Chartered Surveyors; iv. Becoming Master of the Worshipful Company of Chartered Surveyors; v. Becoming Chairman of the Saracens Multi-Academy Trust; vi. Having a wonderful and happy family despite all my external commitments. How does the work you are undertaking today draw upon the skills and experiences you have developed to date? As a property adviser to a number of long-standing clients, it is the breadth and detail of many years of trading and working at the coal face of the market that provides me with the advantage of imparting that knowledge and expertise to my client base – in particular, how to approach a negotiation and the basis on which the negotiation is undertaken benefits from many years of learning, often the hard way. So: keep matters as simple as possible; do not enter the arena; remain independent and have empathy with those involved – they all have a difficult job to do. Remember it is always the parties’ dispute and not yours as the dispute resolver; you are providing a service. Respond quickly, but ensure you think carefully before putting things down in writing. When preparing your decision, keep walking away from it and coming back and let your final draft settle for a few days before going over it again, as you will change a number of points of detail. The decision must flow, and the eventual answer must be a natural consequence of what you say. If the final decision is a shock which does not match up with reasoning, the decision is probably wrong Expert Witness Make sure that you have assessed the case and your professional opinion supports your client’s case. If not, you must not accept the instruction. Be well prepared and ensure what you say is backed up by the evidence. Understand your independence from the client and your duty to the court or tribunal. Being an expert witness is all-consuming, mentally draining and extremely challenging work. Do not take it on unless you are prepared to commit fully to the process and pressure. How do you measure your success? There is no single measure to success, but the following tend to be the benchmarks I apply: i. Sense of personal achievement; ii. Satisfaction of the team and client on the completion of an instruction that achieves its objectives as set; iii. The company secures its future for another year; iv. Staff receive good commissions and bonuses in addition to their salary; v. Surplus payments are available to pay Members; vi. Recognition by the market that we have a role to play. There is no single measure to success.
Always remember the lessons you have learnt and do not let an unpleasant experience repeat itself. There is much that can be taken and applied from history. The ability to apply particular circumstances to an instruction with a good knowledge of the wider market is key. Too many professionals have been siloed and have limited wider experiences. Despite their expertise in a single subject, they are often unable to apply it to a wider understanding of where their position sits and the overall strategy of what is required. My wider knowledge has always given me an advantage when applying my expertise and knowledge to a subject. My recent appointment as one of the three panel arbitrators chaired by Lord Neuberger on the MOD Estate is a good example of where a wider perspective is required to determine how an answer can be assessed, prepared and determined, yet the ability to work on the detail was equally as important. Can you share anything about your plans for the remainder of 2022 and beyond? I wish to look at passing on the business to another party who can develop what I have achieved to date and grow its potential at the same time being flexible enough to follow the ebb and flow io the property marketplace. In that respect, I am not ready to retire but want time to focus on my skills and expertise as a chartered surveyor and chartered arbitrator without the complications of having to run the business on a day-to-day basis. Over the past 40 years I have run large departments in leading surveying companies, floated companies on the stock market and run my own business and feel that this type of activity needs fresh eyes and a new enthusiasm to take Chase & Partners to the next level. I am looking forward to being part of that journey for a few more years, following someone else who has the drive and determination to make an idea work with passion. 17 AUG 2022 WWW.LAWYER-MONTHLY.COM Professor Graham F Chase, Chairman (FRICS FCIArb C.Arb FRSA FInstCPD(Hon)) Chase & Partners LLP 6 Maiden Lane, Covent Garden, London WC23 7NW Tel: +44 02074 621340 | +44 02074 621353 Mob: +44 07971 687638 E: email@example.com www.chaseandpartners.co.uk Graham Chaseis a chartered surveyor, arbitrator and RICS registered valuer with a career of achievements in the property sector. As outlined in this interview, he has multiple decades’ worth of experience in his practice and is a trained arbitrator and independent expert witness in alternative dispute resolution, having worked on tribunals for almost 40 years. He has delivered many awards and determinations on a wide range of property disputes and recently was appointed as one of the three panel arbitrators, chaired by Lord Neuberger, on a significant Ministry of Defence rent review dispute. He has also been awarded UK Commercial Property Company Chairman of the Year 2021 and UK Commercial Property Business Leader of the Year 2022 by CEO Monthly. Chase & Partnersis a London-based firm that specialises in all aspects of commercial property. As RICS-compliant and registered valuers with over 100 years’ worth of experience in commercial property activity across the UK, the firm’s staff are market leaders in multiple specialist property disciplines and offer expert advice to retailers, businesses, institutions, government and statutory bodies, local authorities, independents and private individuals.
How Has Arbitration Emerged in Saudi Arabia? tribunal resigned, realising that the tribunal’s decision would not be in Britain’s favor, and thus the process of the arbitral stopped completely. Second: Arbitration with Aramco, whose name at the time of the case was (Standard Oil of California). The Kingdom granted a concession agreement in April 1954 to the Greek shipping magnate Aristotle Onassis to export the oil produced in the Kingdom abroad, and here a dispute arose about the exclusive right to transport Saudi oil and its derivatives and the extent to which this concession conflicted with the concession granted to Standard Oil of California regarding oil exploration on the eastern coast of the Kingdom, As a result, an international arbitral tribunal was formed to consider the dispute. The arbitral tribunal’s ruling was in favor of Standard Oil of California, and the Kingdom’s government accepted and implemented this ruling. Third: As a result of the repercussions of the famous Aramco case, the various means of settling disputes (other than the judiciary) went through a long stalemate that continued for several decades, starting with the issuance of Council of Ministers Resolution No. (58) dated 06/10/1963, which prevents government agencies from resorting to arbitration without the approval of the Council of Could you give us a short overview of the history of arbitration in Saudi Arabia? We can cover the history of arbitration in the Kingdom through several points. First: Arbitration over the dispute with Britain over the Buraimi Oasis In the late 1940s, a diplomatic and legal conflict took place between the Kingdom and Britain over the Buraimi oases. The ownership of the oases was claimed by Saudi Arabia, the Emirate of Abu Dhabi and the Sultanate of Muscat, which were under British protection, and the dispute intensified when the search for oil began in the Arabian Peninsula. In July 1954, delegates from Britain and the Kingdom of Saudi Arabia signed an agreement in Nice to refer the dispute to an arbitral tribunal that began its work in Geneva in early 1955. In September 1955, the British representative in the arbitral Between the 20th and 21st centuries, the Kingdom of Saudi Arabia saw considerable development in alternative dispute resolution as a means of avoiding litigation. Abdulaziz Aldomaiji, independent financial consultant and Fellow of the Charted Institute of Arbitrators, shares his insights on the emergence of arbitration in this article; what is the state of Saudi Arabian arbitration today, and how did it reach this state? There are many arbitration centres scattered around the world today, and they have procedures to enable reconciliation before taking any legal action. WWW.LAWYER-MONTHLY.COM | AUG 2022 MY LEGAL LIFE - ABDULAZIZ ALDOMAIJI 18
Ministers. This led to the lack of clear arbitration practices in the Kingdom. Fourth: The stalemate in arbitration operations continued until 1982, the year that witnessed the issuance of the first arbitration law, which was followed by the issuance of its executive regulations in 1984. The means of settling various disputes other than the judiciary then entered a lull period that continued until 2012, when the Kingdom witnessed another qualitative leap in the field of arbitration. It was the issuance of a new and advanced law with which the previous system was abolished, and this law is derived in its entirety from the model arbitration system (the UNCITRAL law), but with some changes in specific articles to make the law compatible with the legal rules as a general law in the Kingdom. Fifth: It is worth mentioning that, in 1994, the Kingdom ratified the New York Treaty on the Recognition and Enforcement of Foreign Arbitral Awards issued in 1958. Abdulaziz Aldomaiji Abdulaziz Aldomaiji is an independent financial consultant who is registered with the Ministry of Justice as a certified arbitrator in financial disputes. He is also is certified in the areas of arbitration and claims for local and international construction contracts, drafting of company and commercial agency contracts, and commercial arbitration. His past achievements include the procedural transformation of accounting records at Saudi Post, where he became Vice President of Financial Affairs. Contact Abdulaziz Aldomaiji Tel: +966 555-460-119 E: firstname.lastname@example.org www.linkedin.com/in/abdulazizaldomaiji-8126b344
In short, what are the main regulations and legislation that determine how arbitration is conducted in the Kingdom? Since the issuance of the new arbitration law in the Kingdom in 2012, the government’s efforts have accelerated with regard to moving towards alternatives to settling various disputes other than the judiciary, including arbitration. Among those laws and procedures are the following: a. The new arbitration law issued by Royal Decree No. (M / 34) in 2012. b. The executive regulations of the arbitration law issued by Council of Ministers Resolution No. 541 of 2017. c. The implementation law issued by Royal Decree No. (M / 53) in 2012, which is one of the most important judicial laws recently issued in the Kingdom. Although it is primarily concerned with the implementation of judicial rulings, it was exposed to the arbitral process in one of its most important stages, which is the stage of implementation of the ruling, as Article 9 of the law contains the executive bonds necessitating the compulsory execution, including the arbitration provisions, whether national ones appended to the executive form or foreign ones. d. The Executive Regulations of the Execution law issued pursuant to Minister of Justice Resolution No. (256) of 2017. e. The Saudi Center for Commercial Arbitration, which is a non-profit organisation established by Council of Ministers Resolution No. 257, dated April 14, 2014, headquartered in the city of Riyadh. It supervises the procedures for settling commercial disputes through arbitration and mediation that the parties agree to settle under the management of the Center. f. Qualitative steps taken by the Kingdom in 2019 in order to lay solid foundations for the arbitration industry, which included a lofty order directing government agencies and state-owned companies, when they wish to settle their disputes with a foreign investor through arbitration, by working to ensure that arbitration takes place within the Kingdom in the Saudi Center for Commercial Arbitration or in one of the authorised arbitration centers. g. The issuance of the “commercial franchise” and “government competitions and procurement” regulations, which stipulate the possibility of resorting to alternatives to settling disputes, such as arbitration and mediation before government agencies and businesses based on commercial concessions. h. The Minister of Finance’s approval of 14 government contract models that included activating the option of resorting to arbitration to settle disputes, as the model arbitration clause prepared by the Saudi Center for Commercial Arbitration was included in these contracts. i. Adoption of the “commercial court” and “judicial costs” systems, which enhanced the role of amicable alternatives for settling commercial disputes, such as mediation and conciliation. The law of “judicial costs” supports resorting to alternatives to dispute settlement (such as arbitration, mediation and conciliation) by reducing the attractiveness of the litigation option compared to the arbitration option. This is because the plaintiff has to pay fees for litigation, which motivates the parties to the dispute to settle their disputes by methods of alternative dispute resolution other than the judiciary. j. The Ministry of Justice’s establishment of a reconciliation centre in the ministry, which is directly linked to the deputy minister. The ministry issued a decision according to which the heads of the courts were granted the authority to direct cases to the reconciliation offices before referring them to the judicial departments. The Ministry has granted the reconciliation minutes the status of executive bonds and launched a conciliation platform to provide the reconciliation service between the parties to the dispute electronically at all stages, starting from filing the case until reaching a result without the need to attend the court. The total cases referred to the platform amounted to 375,000 case, and the number of reconciliation documents reached 58,000. k. The Kingdom’s advancement in the Judicial Independence Index to 16th place according to the Global Competitiveness Report for the year 2019, and its advancement by eight international centres after it was in 24th place. According to the same report, the Kingdom also advanced to 17th place in the framework efficiency index. The legal settlement of disputes is ahead of this by four international centres, where it was in the 21st position. l. The increased pace of implementation of arbitration rulings as a result of this acceleration in the enactment of laws and procedures. In 2021, the execution courts in the Kingdom began implementing 204 national and foreign arbitration rulings issued in the Kingdom and 12 other countries, with a total value of 2.15 billion SR, while the average execution period has reached 13 days. Since the issuance of the arbitration and enforcement systems in 2012, the execution courts have begun to implement 35,000 requests to implement an arbitral award with a total amount of 23.1 billion SR for applications made between 2013 and 2018. What risks do organisations bear when they agree to arbitration? There are several risks surrounding the process that must be taken into account when agreeing to arbitration, including: a. The risk of not paying attention to the drafting of the arbitration agreement, whether it was an arbitration clause in a contract concluded before the dispute occurred or an arbitration agreement concluded after the dispute occurred. b. The risk of choosing an arbitral tribunal that is not specialised in the subject matter of the dispute. c. The risk of not paying attention to the law applicable to the subject of the dispute and not differentiating between it and the law applicable to arbitration procedures. d. The risk of choosing arbitration centres whose costs may outweigh the disputed amounts. WWW.LAWYER-MONTHLY.COM | AUG 2022 MY LEGAL LIFE - ABDULAZIZ ALDOMAIJI 20
AUG 2022 | WWW.LAWYER-MONTHLY.COM Are there circumstances in the construction industry where other forms of dispute resolution, or even litigation, might be better than arbitration? The alternatives to settling disputes other than the judiciary vary between mediation and conciliation, and it is appropriate for the two parties to the dispute to study the appropriate means for settling the dispute between them in order to achieve the continuation of a friendly relationship. If litigation or arbitration is resorted to, the relationship between the two parties to the contract after the issuance of the judgment is often not the same as it was before the dispute occurred. This is why legislators in many countries, including the Kingdom of Saudi Arabia, direct the two parties to the dispute first to turn to reconciliation to resolve the dispute. There are many arbitration centres scattered around the world today, and they have procedures to enable reconciliation before taking any legal action. Further, for contracts related to the construction industry – like any other contracts – mediation and conciliation are considered the most appropriate method for resolving disputes where a personal relationship between parties had a role in the emergence of the contract between them, as is the case in disputes between two parties to a contract that have a kinship or marriage relationship. Such a relationship should be maintained as much as possible, and alternatives to conflict resolution that lead to a rupture in this relationship should be avoided. It is also appropriate for the parties to the dispute to resort to alternatives to litigation and arbitration, especially when the dispute is about minor matters in implementation and not of a fundamental dimension. MY LEGAL LIFE - ABDULAZIZ ALDOMAIJI 21 About Abdulaziz Aldomaiji Please tell us about your journey into law. My journey in law began when I obtained a bachelor’s degree in Sharia Sciences from the College of Sharia in 1980. After that, I obtained a higher diploma in Financial Control from the Institute of Public Administration in Riyadh in 1982. Through this diploma, I became familiar with a number of regulations and legislation that regulated the process of controlling public money. After that, I worked in the financial control department at the Ministry of Finance for 23 years. During this period, I had the opportunity to study a large number of regulations that regulate the work of the government in general and its financial aspects in particular. I also had the opportunity to participate in the study of several issues submitted by companies contracted with the government to implement a number of projects. During my work at Saudi Post from 2005 to 2020, and by virtue of my direct supervision over the financial affairs sector, I worked with the legal department in preparing several defence memoranda submitted to the board of grievances in response to cases filed by a number of contractors who had contracts with Saudi Post. In February 2022, I became a certified Fellow of the Charted Institute of Arbitrators in the United Kingdom. - What do you consider your greatest professional achievement to date? During my career in Saudi Post, many tangible achievements were accomplished: 1. Direct supervision of the conversion of the use of the cash basis in the accounting records of the institution to the accrual basis method. This transformation has been completed and the financial statements are extracted on a commercial basis as of the financial statements for the year 2006. 2. Direct ERP implementation with Oracle (implementation and actual operation since 2007), and the new Oracle Database 12c upgrade implemented in 2018. 3. Direct supervision of the transfer of payments to the ERP system in the institution from the use of checks and cash disbursement to the use of direct automatic transfer to the accounts of employees and suppliers with banks using the Alahli E Corp system. - Can you share anything about your plans for the rest of the year? Currently, I work as an independent financial advisor, and the plan is to transform my work into institutional work by establishing a financial advisory office specialising in providing financial advice and mediation in resolving commercial disputes. Be sure to view this article on the Lawyer Monthly website, where a range of useful sources are provided.
Avigal Horrow Avigal Horrow has worked in various capacities as a licensed attorney for over thirty years. She first worked as a litigation associate for Fonda, Garrard, Hilberman & Davis and then Prestholt, Kleeger et al, specializing in public entity and insurance defense litigation. Avigal has gone on to serve as general counsel for Inter-Con Security Systems, thereby gaining further experience in litigation, arbitration and mediation. She has also enhanced corporate policies and procedures for national and international operations, as well as the oversight and administration of all aspects of human resources and risk management compliance. Avigal also performs non-legal work in furtherance of her commitment to social justice and human rights. AH Consulting Group AH Consulting Group is owned and operated by Avigal Horrow and has been assisting businesses with employment practices, contracts, risk management and human resources from both a legal and business operation perspective for thirteen years. Clients have been from both the private and public sectors as well as non-profit organisations and have included litigation as well as transactional work.
The Last Chapter: Journey of an Attorney AUG 2022 | WWW.LAWYER-MONTHLY.COM operations and implementation of proactive policies to limit back-end liability exposure. During my tenure as general counsel, I enhanced corporate policies and procedures for national and international operations as well as the oversight and administration of all aspects of human resources and risk management compliance. Additionally, I was involved in business and employee development, corporate governance and licensing for InterCon’s corporate headquarters as well as operations in over a dozen countries on four different continents. Although I loved this job and was exposed to the most interesting issues with the highest learning curve, it was simply geographically undesirable. In a city where it can take over an hour to travel 12 miles, 30 miles could take an eternity. Having three daughters under the age of three, I just could not be in all places and give enough to all aspects of my life. Chapter Three took a little time to figure out. Over many brainstorming sessions with my husband, we tried to capture how to utilise the skills I had Graduating from law school in the mid90s, I thought I had it all figured out. I wanted to be a prosecutor specialising in cases of domestic violence. I had interned for Casey Gwynn, a lead city attorney in San Diego at the time, who was brilliant and passionate and in whose footsteps I wanted to follow. So much for dreaming! Instead, I took what I could get – which was the first plaintiff firm that would hire me and help me pay back my student loans. I was seeing many kinds of cases in general civil litigation and family law, but it just was not doing it for me. I was newly engaged to my best friend and fellow law school classmate who was living and working in LA, which led me to my second job with an insurance defence firm in LA. I loved the fast pace of litigation, the depositions and arbitrations and court appearances, until I started a family. The second chapter beganwithworking a slightlymodified schedule as a general counsel, focusing on employment practices, human resources and risk management. I learned that I loved MY LEGAL LIFE - AVIGAL HORROW This month we have the pleasure of hearing from Avigal Horrow, a California lawyer whose work has manifested in many forms. Over the course of her storied career, Avigal has been a legal consultant, a general counsel, a crisis centre response coordinator, and more besides. She shares the story of her professional development with us in this feature, along with her plans for the final stage of her work as a lawyer. 23 Having three daughters under the age of three, I just could not be in all places and give enough to all aspects of my life.