Young ICCA’s Post

I'll be joining a panel at Birmingham Tech Week on Thursday 22 October to discuss how businesses can turn intellectual property into an asset that supports growth and investment Hosted by Partners&. and HCR Law, we'll be discussing how IP influences investment readiness, due diligence, valuation and access to finance From an investor perspective, a company's intellectual property can be an important part of its competitive advantage and long-term value. But having something innovative is only part of the equation; understanding what you own, how it is protected and how it supports your commercial strategy matters just as much Looking forward to sharing some perspectives alongside a great panel and discussing what founders and growing businesses can do to put themselves in the strongest position for their next stage of growth 📅 Thursday 22 October, 4:30–6:00pm 📍 The Studio, Cannon Street Sign up here: https://lnkd.in/eFRxqEJ8 Future Planet Capital Regional UK Innovation & Science Seed Fund [UKI2S] Future Planet Capital

GAR recently reported that expert witnesses from Compass Lexecon and FTI Consulting survived a challenge to their credibility in an ICSID renewables case. The challenge was based on their alleged financial dependence on cases referred to them by King & Spalding. The case raises a broader question that goes beyond arbitration: How should we assess the independence and reliability of an expert who is regularly instructed by the same law firm? Three issues are worth keeping separate: Independence. Previous or ongoing professional relationships with a party or its lawyers may be relevant. But the existence of a relationship does not automatically mean that an expert is not independent. Credibility. The tribunal will also look at the quality of the expert's analysis, the assumptions behind it, its consistency and how the expert responds to questions and challenges. Weight. Even when evidence is admitted, a tribunal may give it more or less weight depending on the circumstances. This matters particularly in investment arbitration, where expert evidence can have a major influence on the amount of compensation claimed. Experts may be asked to assess questions such as what would have happened without the government's measures, how much the investment was worth, and what financial losses resulted. There is also the question of disclosure. The IBA Rules on the Taking of Evidence already require party-appointed experts to disclose their relationships with the parties and their lawyers. But how far should that disclosure go? Should an expert also disclose the extent of the work or referrals received from a particular law firm, especially where that relationship represents a significant part of the expert's business? And where the expert firm forms part of a larger corporate group, should the relevant relationship be considered only at the level of the individual expert or also at the level of the wider group? Compass Lexecon, for example, is a subsidiary of FTI Consulting. The GAR report provides a useful opportunity to think about where the line should be drawn between an ordinary professional relationship and a relationship that may raise legitimate questions about independence. #InternationalArbitration #InvestmentArbitration #ISDS #ExpertEvidence #ICSID

Arbitration should not begin when the dispute begins. It should begin when the commercial risk begins. For decades, arbitration has largely been viewed as the final stage of a dispute: Contract → Dispute → Arbitration → Award. But complex infrastructure, energy, maritime and cross-border projects are changing this equation. Today, arbitration can be part of an integrated commercial risk-management process: Before the contract → Is the dispute-resolution clause designed properly? During execution → Are risks, notices, variations, delays and evidence being captured? When a dispute emerges → What is the real claim? What could defeat it? What evidence is missing? Before arbitration → Is the case commercially and evidentially ready? During arbitration → Are legal, technical, contractual and quantum positions aligned? After the award → Can the relief actually be enforced and converted into recovery? Recent discussions across the arbitration community reinforce this movement upstream—from reactive dispute resolution toward earlier risk assessment, better contract design, data-driven case preparation and stronger enforcement planning. Michael Mcilwrath — Founder & CEO, MDisputes, in his lecture with Giacomo Rojas Elgueta, mentioned three identified risk-management tools: “the negotiation of the arbitration agreement” “the early assessment of the case” “the relevance of building the right ‘team’” They were presented as “three pivotal tools to preserve arbitration’s effectiveness.” This supports the idea that risk management begins before the substantive arbitration fight develops. Kenneth J. Van Liew, P.E. — Expert Witness said: “Every notice you skip, every CE you handle informally — that's your opponent's defence built for free. For AllVel, this points to a different vision of arbitration intelligence. ArbEasy™ Not merely AI for arbitration. But: Commercial Intelligence for Disputes, Arbitration & Recovery. Because the real question is no longer: “How do we fight this arbitration?” It is: “How early can we understand the risk—and how intelligently can we manage it?” #ArbEasy #AllVel #Arbitration #CommercialIntelligence #RiskManagement #DisputeResolution #ConstructionArbitration #Infrastructure #ClaimsManagement #AIinLaw #ContractManagement #ArbitrationIntelligence

𝗟𝗶𝘁𝗶𝗴𝗮𝘁𝗶𝗼𝗻 𝗖𝗼𝘀𝘁𝘀 𝗔𝗿𝗲 𝗣𝗮𝗿𝘁 𝗼𝗳 𝗦𝘁𝗿𝗮𝘁𝗲𝗴𝘆 — 𝗡𝗼𝘁 𝗝𝘂𝘀𝘁 𝘁𝗵𝗲 𝗕𝗶𝗹𝗹 𝗮𝘁 𝘁𝗵𝗲 𝗘𝗻𝗱 Ontario litigation carries costs risk as well as merits risk. Every procedural step has a price — and the strategic question is not simply whether that step is legally available, but whether it advances the commercial objective of the case. 𝗕𝘂𝘀𝗶𝗻𝗲𝘀𝘀𝗲𝘀 𝘀𝗵𝗼𝘂𝗹𝗱 𝗰𝗼𝗻𝘀𝗶𝗱𝗲𝗿: • The cost of the next procedural step • Potential recovery if successful • Potential exposure if unsuccessful • How settlement offers may affect the costs position • Whether the litigation objective remains proportionate to the expense and risk A motion may be available. A trial may be possible. Further discovery may be justified. But none of those conclusions automatically means the step makes commercial sense. Costs analysis should therefore happen throughout the litigation — not only after the outcome is known. 𝗠𝗘 𝗟𝗔𝗪 𝗜𝗡𝗦𝗜𝗚𝗛𝗧 Litigation costs are part of decision-making leverage. They can influence procedure, settlement strategy, risk tolerance and the point at which continuing the dispute no longer produces sufficient commercial value. 𝗧𝗵𝗲 𝘀𝘁𝗿𝗼𝗻𝗴𝗲𝘀𝘁 𝘀𝘁𝗿𝗮𝘁𝗲𝗴𝘆 𝗮𝘀𝗸𝘀 𝗻𝗼𝘁 𝗼𝗻𝗹𝘆 𝘄𝗵𝗲𝘁𝗵𝗲𝗿 𝗮 𝘀𝘁𝗲𝗽 𝗰𝗮𝗻 𝗯𝗲 𝘁𝗮𝗸𝗲𝗻 — 𝗯𝘂𝘁 𝘄𝗵𝗮𝘁 𝗶𝘁 𝗶𝘀 𝗹𝗶𝗸𝗲𝗹𝘆 𝘁𝗼 𝗮𝗰𝗵𝗶𝗲𝘃𝗲 𝗿𝗲𝗹𝗮𝘁𝗶𝘃𝗲 𝘁𝗼 𝗶𝘁𝘀 𝗰𝗼𝘀𝘁 𝗮𝗻𝗱 𝗿𝗶𝘀𝗸. Read more about ME Law’s costs awards and recovery practice: https://lnkd.in/d-VgwqVK This post provides general information and does not constitute legal advice. #LitigationCosts #CostsAwards #OntarioLitigation #CivilLitigation #CommercialLitigation #SettlementStrategy #LitigationStrategy #MELaw

THANKS to the IWIRC Europe Network organizers for inviting me as a speaker at the IWIRC network's annual conference in Paris. A few takeaways of our discussions with my co-panelists Kelly Rothwell, Rita Gismondi, Juan Verdugo and You Yu (Debtwire): 1. In France, though designed for large caps, SMEs are increasingly using the vote by classes of affected parties (introduced by the 2019 EU Directive) to impose write-downs on out-of-the-money creditors through the cross-class cram-down mechanism. 2. English case law on the « Part 26A » restructuring plan deserves close attention, in particular two landmark Court of Appeal decisions brought to our attention by Kelly Rothwell: 🔹 Thames Water ([2025] EWCA Civ 475, April 2025) 🔹 Petrofac ([2025] EWCA Civ 821, July 2025) The message is clear: debtor companies and their advisers must now demonstrate genuine fairness in the allocation of restructuring value across all stakeholder classes when devising a restructuring plan. ⚖️ 3. The Dutch WHOA could also be an alternative that the French legislators should look at to provide a less costly restructuring tool for SMEs: the WHOA allows a debtor (or a court-appointed restructuring expert) to propose a composition plan capable of binding dissenting classes, in a mostly out-of-court process and without opening formal insolvency proceedings. A great conference and a rich exchange of perspectives. Thank you to the IWIRC network for bringing this community together! 🙌 #IWIRC #Restructuring #Insolvency #CrossClassCramDown #Part26A #WHOA #EURestructuringDirective #FrenchLaw

Complex disputes deserve more than generic expertise. International disputes increasingly sit at the intersection of law, technology, finance, engineering, energy, healthcare, investment and highly specialised industries. The question is no longer simply who can arbitrate a dispute? It is who understands the industry in which the dispute exists? At UNIONE™, the bench architecture is being developed around this principle. 01 | Technology, AI & Intellectual Property AI systems, software, digital infrastructure, digital assets and complex IP licensing. For more information, visit: https://lnkd.in/dR3zsxuu 02 | Energy, Oil, Gas & Climate Upstream and downstream operations, LNG, power markets, renewables and energy-transition contracts. For more information, visit: https://lnkd.in/dyQcsugn 03 | Construction & Infrastructure FIDIC, NEC, EPC, delay and disruption, variations, design issues and complex payment structures. For more information, visit: https://lnkd.in/dfHzshk8 04 | Banking, Finance & Capital Markets Debt structures, credit agreements, derivatives, private funds, valuation and transaction disputes. For more information, visit: https://lnkd.in/dGz7GyXU 05 | Maritime & Shipping Charterparties, cargo, demurrage, shipbuilding, casualties port operations and more. For more information, visit:https://lnkd.in/dD_a8-eb 06 | M&A, Corporate, Shareholder & Private Equity Earn-outs, completion accounts, warranties and indemnities, joint ventures and shareholder disputes. For more information, visit: https://lnkd.in/duWGDS-U 07 | Life Sciences, Pharma & Healthcare Clinical trials, licensing, pharmaceutical supply chains, regulatory milestones and digital health. For more information, visit: https://lnkd.in/dZRm8TpV 08 | ESG, Sustainability & Climate Carbon markets, sustainability-linked instruments, greenwashing and decarbonisation commitments. For more information, visit: https://lnkd.in/dw_ghVgU 09 | Investment Treaty & Cross-Border Investment BITs, FET standards, regulatory measures, expropriation, state conduct and sovereign enforcement. For more information, visit: https://lnkd.in/dBCCwK2h The objective is not to make arbitration more complicated. It is to ensure that technical and commercial complexity is understood rather than merely explained. Hence, UNIONE™ introduces its Sectoral Bench architecture — bringing specialised expertise closer to the heart of international dispute resolution. Explore the framework: theunione.org Become a Fellow: https://lnkd.in/dwWbJCi4 Nine sectors. 80+ jurisdictions. One international framework. Be a Fellow. Be UNIONE™. #UNIONE #InternationalArbitration #DisputeResolution #Arbitration

THE INAUGURAL AIC WEBINAR 02: FROM EARLY WARNING TO EARLY INTERVENTION A small business conflict does not have to become a major commercial dispute. In his presentation at the inaugural Webinar, Samuel Mbiriri Nderitu, FCIArb, explored practical steps businesses can take to recognise emerging conflicts, respond early, and prevent misunderstandings from escalating into costly disputes. Drawing on a Kenyan perspective, his presentation introduced the Intervention Ladder, a progressive approach to dispute prevention that moves through six stages: 🔹Early warning: Recognise repeated complaints, misunderstandings, and changes in communication or cooperation. 🔹Communicate: Raise concerns early, distinguish facts from assumptions, and identify the appropriate decision-maker. 🔹Negotiate: Focus on the problem that needs solving before positions become entrenched. 🔹Internal intervention: Bring in someone with the independence, authority, and knowledge needed to reset the discussion. 🔹Escalate: Establish clear triggers, time limits, decision-making authority, and records of outcomes. 🔹Engage a neutral: Introduce third-party support when trust is low but a resolution remains possible. Mr. Nderitu also presented a practical Commercial Near-Miss Protocol that adapts the discipline of safety reporting to emerging business conflicts: NOTICE → LOG → TALK → ACT → REVIEW → ESCALATE The principle is straightforward: identify what has changed, record the facts and business impact, clarify concerns, agree on corrective action, review the outcome, and escalate if the problem persists. For businesses, effective dispute prevention is not simply about having a process for when things go wrong. It is about building the capacity to recognise warning signs and intervene before the cost of resolution increases. Explore the presentation slides for the practical framework and examples discussed during the session. We thank Mr. Nderitu for sharing his expertise and contributing to the inaugural webinar. Follow the AADRN Implementation Clinic for more programmes, implementation work and practical ADR insights. Africa ADR Network #AfricaADRNetwork #ADRImplementationClinic #DisputePrevention #EarlyIntervention #CommercialDisputes #AlternativeDisputeResolution

Learn with me! ep74 ⚖️ Regulatory Arbitration: When Business Meets Regulation Businesses operating in regulated industries often face disputes involving rules, contracts, pricing, compliance, and regulatory obligations. But what happens when two parties interpret those rules differently? That’s where regulatory arbitration can play an important role. 🔹 What is it? Regulatory arbitration is a dispute-resolution mechanism used to resolve disagreements connected to a regulated business environment. Instead of relying solely on traditional court proceedings, parties may use arbitration where permitted by the applicable law, contract, and regulatory framework. 💡 Real-World Example Imagine a telecom company and another service provider disagree over: • Pricing or access charges • Contractual obligations • Regulatory requirements • Payment responsibilities If their agreement and the applicable regulatory framework allow arbitration, an independent arbitrator can examine the dispute and issue a decision within the applicable legal framework. 📌 Why does it matter to businesses? Regulatory disputes can impact: ➡️ Costs ➡️ Revenue ➡️ Compliance ➡️ Operations ➡️ Business relationships ➡️ Strategic decisions The bigger lesson is simple: A business doesn't operate only within its strategy — it operates within a regulatory environment. Understanding regulations and having appropriate dispute-resolution mechanisms can help businesses manage uncertainty and reduce operational risk. 💭 Business Takeaway: Good business decisions consider not only “What can we do?” but also “What rules govern how we can do it?” #Business #BusinessStrategy #RiskManagement #Regulation #Arbitration #CorporateLaw #BusinessLaw #Leadership

If you have a board meeting in 48 hours and a decision to make on entering a new market, the time available changes what a risk assessment can cover. It does not mean you skip it. A full due diligence review can take weeks. You may need to look at ownership, regulation, local relationships, litigation and information that can only be checked on the ground. When you only have 2 days, the approach has to change. The aim is not to find everything. It is to identify the issues that could stop the deal, change the terms or make the board think twice. We ran one of these assessments for a client looking at a distribution partner in a market they had not worked in before. Within the first 12 hours, a check of local court records identified an active dispute between the proposed partner and a former supplier. More importantly, the dispute involved the same type of product the client wanted them to distribute. It had not been mentioned in the partner's presentation. In a compressed assessment, we would focus on the points that matter most: - Who really owns and controls the local partner. - Whether the company or its principals are involved in litigation, regulatory action or significant disputes. - Who controls the licenses, permits and customs relationships the deal relies on. - Whether there have been recent political or regulatory changes that could affect that sector or market. This does not replace full due diligence before significant capital is committed. What it does is give the board a clearer answer to a simple question: - Is there anything here serious enough for us to pause before we sign? 48 hours will not tell you everything about a market. But it can tell you enough to avoid walking into a problem that could have been identified before the decision was made. enquiries@blacktideintelligence.com #duediligence #marketentry #riskmanagement #businessintelligence #corporaterisk #decisionmaking #geopoliticalrisk #boardgovernance

I am pleased to share that my chapter has been published in the Special Edition of DPIIT - IPR Chair and Centre for Study and Research in Intellectual Property Rights (CSRIPR), "Emerging Dimensions of Intellectual Property Rights: Global Trends, Technological Shifts and Sustainable Future". My contribution, Chapter 27, is titled "Strategic Valuation and Risk Management of Intellectual Property: A Comprehensive Study on IP Banking and IP Insurance Using Market, Cost, and Income Approaches." As the knowledge economy matures, intangible assets — patents, trademarks, copyrights, and trade secrets increasingly drive enterprise value, yet the frameworks for financing and protecting them remain under-examined in much of legal and commercial practice. My chapter engages with two areas where this gap is most pronounced: IP banking, where intellectual property is leveraged as collateral to unlock capital, and IP insurance, which safeguards rights-holders against infringement, litigation, and the erosion of asset value. The study examines the three principal valuation methodologies, the market, cost, and income approaches and considers how each informs sound risk management and insurance coverage decisions. Drawing on the evolution of IP-backed financing and the growth of specialised insurance products, it aims to offer businesses, financial institutions, and legal practitioners a clearer basis for assessing, financing, and protecting intangible assets. My sincere thanks to the Editor(s), Prof. (Dr.) M.R.S. Murthy, Prof. (Dr.) K. Syamala & Prof. (Dr.) Ashok R. Patil along with Associate Editor(s), Mr. Parmeshwar Mahto & Ms. Vartika Lal and to Disha International Publishing House (ISBN: 978-93-48084-10-1) for the opportunity to be part of this special edition, and to everyone who supported this work. #IntellectualProperty #IPLaw #IPValuation #IPFinance #RiskManagement #LegalResearch #Publication