Lawyer Monthly - February 2023

About Ban Jiun Ean Ban Jiun Ean is the Chief Executive of Maxwell Chambers and has spearheaded its development, helming the company between 2010 and 2016 before leaving to pursue other projects, including authoring several novels and overseeing the development of an arts centre. Since his return to Maxwell Chambers, he has worked to strengthen the firm whether in Singapore or on the world stage. About Maxwell Chambers Maxwell Chambers is a dispute resolution centre centrally located in Singapore. Its purpose-built hearing rooms are equipped with best-in-class hearing facilities and state-of-the-art supporting technology. It also houses arbitral institutions, service providers and legal practitioners under the same roof in Maxwell Chambers Suites. Maxwell strives to be a one-stop shop for clients’ dispute resolution needs. Contact Maxwell Chambers Pte Ltd 32 Maxwell Road #03-01, Singapore 069115 Tel: +65 6595 9010 Fax: +65 6339 3931 Email: involve products sold in several countries by both companies. Even if a favourable court judgment is obtained by one side, the effect of enforcing it in each of the many markets concerned will require starting (and for the other side, defending against) legal actions in each of those jurisdictions, potentially relitigating the issue in some places. A successful settlement agreement, however, can be structured to cover all these markets and jurisdictions simultaneously, saving cost and time and ultimately leading to a better outcome for both sides. There is also, of course, the established advantage of arbitration or mediation where brand damage from the dispute can be reduced as proceedings and even terms of the settlement or award can be kept confidential, whereas court proceedings are public, as are court judgments. Another advantage is the ability for disputing parties to select an IP specialist to be their neutral, whether as mediator or as arbitrator, which is extremely helpful in complex IP cases. These are just a few of many advantages of using ADR rather than the courts. How do you expect to see this development continue in 2023 and beyond? It will undoubtedly continue along this trajectory of growth as we see a new generation of lawyers and general counsel begin to increasingly embrace ADR as the approach of choice for dispute resolution. The newfound confidence and maturity of Asian-based dispute resolution institutions contributes in no small part to this, leading to parties increasingly putting their disputes in the hands of local or regional bodies. We expect that the foreseeable future of ADR in Asia will remain bright. THOUGHT LEADER 47

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