If you do not have LMAA terms incorporated into your contract or if you want to have an independent or private evaluation of a dispute, why not consider our Dispute Determination service?

​

Dispute Determination can help to resolve disputes between the parties or it can give guidance on a single issue at the heart of a wider dispute.  The service can give parties the ability to evaluate the merits of their position at an early stage in the litigation process.

​

What is Dispute Determination?

​

Dispute Determination is ADR by way of an ad hoc documents only arbitration.  In fact, Dispute Determination is a simplification of the arbitration process designed to offer a cost-effective resolution with a fast turnaround.  Dispute Determination can even help to preserve long standing commercial relationships by resolving issues without the need for business partners to have their differences dragged through the courts.

 

Dispute Determination applies the principles of commercial arbitration and is not simply an academic legal analysis.  If used to determine a single issue, the outcome can assist the parties to consider their options and to evaluate the chances of success in a full arbitration reference. 

​

Dispute Determination is a unique service carried out under the auspices of the Arbitration Act 1996 with Philip Burns appointed as sole arbitrator.

​

Dispute Determination procedure

​

Dispute Determination operates under a modified arbitration structure designed to make the process simple, uncomplicated and significantly faster.  Both sides present their best case to the arbitrator in the first instance simultaneously.  After a review of the submissions the arbitrator may raise pertinent questions and/or request further information or documentation which is deemed necessary to make the determination. 

 

Dispute Determination's streamlined procedure means parties are obliged to put their very best case at the first opportunity, rather than build up a picture of the issues as the pleadings unfold.  Dispute Determination also dispenses with the usual, and often lengthy, interlocutory exchanges.  We aim to turn matters around within weeks, rather than months or years.

 

Dispute Determination is confidential and can be used by the parties as a basis for reaching an amicable settlement or you can ask for the decision to be binding on the parties and a formal Award can be made.

 

Philip Burns – Dispute Determination arbitrator

​

Philip is a qualified English solicitor, a Member of the Chartered Institute of Arbitrators and is an Aspiring Full Member of the LMAA with more than 20 years' experience in the maritime sector.  Philip regularly takes appointments as an arbitrator under LMAA, SCMA and ad hoc terms. 

 

How much does it cost?

​

We are happy to agree a cost-effective fee to determine single issue references and we look forward to discussing this with you.

 

If the service is used to provide a determination in respect of a dispute, the cost is based upon the monetary value of the matter and on the number of pages of submissions and documentation.  Whilst ideally positioned to answer small and mid-value cases, the service can be applied to much larger and more complicated matters when a bespoke fee structure will be created to suit your needs.

 

The fee structure is as follows:

 

Claim value up to USD 15,000 / up to 50 pages of documents (both parties' submissions and supporting docs)

                                                                                  = GBP 2,000             

USD 15,001 - USD 25,000 / up to 75 pages        = GBP 2,500

USD 25,001 - USD 40,000 /up to 100 pages       = GBP 3,000

USD 40,001 - USD 50,000 / up to 125 pages      = GBP 4,000

 

The fees for cases valued at USD 50,000 or above or 125 pages to be agreed. 

Please note that VAT may be applicable.