Tense negotiations led to Cold War-style prisoner exchange, BHP turns to mediation to avoid strike in Chile
Lisa Rodger
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THE HOT STORY
Tense negotiations led to Cold War-style prisoner exchange
The dramatic prisoner exchange that brought freedom for Wall Street Journal reporter Evan Gershkovich and others incarcerated by President Putin's regime followed months of negotiations involving officials from Russia, the United States, Germany, and Belarus. Several Russian agents were released, but the Kremlin's main priority in the Cold War-style swap was Vadim Krasikov, a colonel with Russia's FSB security service. Krasikov had been serving a life sentence in Germany for the assassination of Zelimkhan Khangoshvili, a former Chechen rebel commander. Late last year,?News Corp chairman emeritus Rupert Murdoch contacted Russian businessman Roman Abramovich for help in freeing Gershkovich. Abramovich is understood to have assisted to?mediate?the deal in an independent capacity. Details of his involvement are not known, but sources suggest he was approached by several parties to help advise on how to structure a possible agreement. A spokesperson for Abramovich said: "Mr Abramovich was not involved in this exchange and any speculations regarding his involvement are false."
MEDIATION
BHP turns to mediation to avoid strike in Chile
Australian mining giant BHP plans to request that the Chilean government mediate in talks with union leaders at Escondida to avert a strike at the world’s largest copper mine. BHP said that the mine is operating normally and that the mediation would aim to achieve a contractual agreement for the mine's workers. Once the mediation is confirmed, the parties will have five working days to continue negotiations, according to a statement from BHP.
ALTERNATIVE DISPUTE RESOLUTION
Melanie van Leeuwen reappointed as chair of ICC Commission on Arbitration and ADR
Melanie van Leeuwen, a partner at Parisian arbitration boutique Derains & Gharavi, has been reappointed as chair of the International Chamber of Commerce (ICC) Commission on Arbitration and ADR. Her reappointment comes as twelve new vice-chairs were appointed to work with her on the Commission's steering committee, as part of a move by the ICC to ensure a more balanced representation of established and emerging jurisdictions and promote regional diversity, a key priority for the Court of Arbitration’s president, Claudia Salomon, who was also recently reappointed to her role. "Many of the newly appointed vice-chairs, all leading professionals from various regions, were women," said Melanie van Leeuwen. The ICC has seen a significant increase in representation from in-house counsel and corporate representatives, with current membership comprising more than 1,400 members from over 100 countries.
CONFLICT RESOLUTION
Fear of conflict 'is causing me to withdraw from life'
The Guardian
Guardian agony aunt Annalisa Barbieri considers a reader's difficulties arising from a crippling fear of conflict: "I am so overcome by?guilt and the feeling that I must be in the wrong, that I cannot think clearly. This prevents me being able to work out at the time, whether I have actually done something wrong that requires me to address the issue, or that the other person is being unreasonable."?Barbieri advises that it’s normal to want to avoid confrontation, but identifying where old patterns of doubt and self-blame come from helps us to be more assertive when necessary.
NEGOTIATION
Harland & Wolff fails to secure Falkland Islands port contract
City AM
Embattled shipyard Harland & Wolff is facing financial trouble after negotiations for a ￡120m contract with the Falklands government fell through. Despite being awarded "preferred bidder status" for the project, the shipyard and the Falklands Islands Government (FIG) were unable to reach a mutually acceptable commercial position. Harland & Wolff, known for building the Titanic, has been struggling since the new Labour government declined to provide taxpayer money to support the business. The company has secured short-term funding but questions remain about its long-term recovery. Shares in Harland & Wolff are currently suspended, and its unaudited report revealed pre-tax losses of ￡43m in 2023.
UK must apply existing Brexit deals before relations are reset, EU says
The Guardian The Independent
Brussels has warned the UK government that it must fully implement existing post-Brexit agreements on Northern Ireland and the rights of EU citizens living in the UK before it will entertain a reset in the relationship with the UK. While EU leaders are open-minded about their future relationship with the UK, a leaked document lists eight demands of the new government to demonstrate commitment to a good-faith reset of the relationship with the bloc.?Among these, EU officials have stressed the need for a High Court ruling that EU citizens in Britain should not have to make separate applications for settled status after living in the UK for five years to be implemented in full.
DISPUTE RESOLUTION
Rangers settles kit dispute in 'stoppage time'
STV BBC News Glasgow Evening Times The Daily Record
A multi-million pound legal battle over Rangers football kit sales has been resolved "in the last minute of stoppage time," according to the lawyers involved. The club settled the dispute with the administrators of a sportswear brand in a row over the Ibrox club's kit. Elite Sports Group Ltd were seeking ￡9.5m in compensation over an alleged breach of contract. The firm, which went into administration last year, produced Hummel kits for the side but claimed Rangers agreeing a separate deal with Castore in March 2020 violated the terms of that arrangement. An eight-day case was expected to begin at the Court of Session in Edinburgh on Tuesday, but has now been settled for an undisclosed sum. Elite’s lawyer, David Thomson KC, told the court that a further hearing may have to take place next week although there was no guarantee that it would happen. He added: "It is hoped that it won’t be required and if it is required it will be a formality."
New York's dominance as the premier US arbitration hub boosted by landmark cases.
New York is the sixth most popular arbitration seat globally and the top choice in the US, according to the 2023 Dispute Resolution Statistics from the International Chamber of Commerce (ICC). Law.com?looks at recent case law from the New York courts that grappled with important issues in the arbitral process and helped the city retain its stature as a leading arbitral centre. London and Paris remain the world's most popular arbitration venues: they have been chosen in more than 20% of the arbitrations commenced under the ICC Rules since 2019. The two cities are home to well-established institutions, with the ICC headquartered in Paris, and the London Court of International Arbitration (LCIA) in London.?
领英推荐
Neighbours locked in dispute over a driveway
The Daily Record
Ashville Terrace in Edinburgh – which has the protected status of a conservation area due to its special architectural and historical significance - is at the centre of a parking dispute after a homeowner demolished a garden wall to build a driveway. One person, who asked to remain anonymous, said: "It has been impossible to have a civilised conversation with them about the driveway. When they realise you aren't on their side, it is hellish. They aren't interested in a word you have to say. I understand that parking spaces are at a premium, but so does everyone else who lives here, and everyone knows that is the situation when you move in. If we all start taking the law into our own hands then we'll end up ripping the place up and taking away everything that makes the [area] special in the first place."
FAMILY DISPUTES
Boosting children’s voices could help to relieve significant backlogs in the family court, study says
A study from the University of Exeter suggests that giving children more agency about decisions which affect their lives and futures will help families make more effective decisions, improve children’s wellbeing during this difficult time, and may help avoid expensive court cases.?Mediation, court and legal processes should provide a forum for young people’s views on post-separation arrangements being considered for them to be aired independently and factored in wherever appropriate, say study authors Anne Barlow and Jan Ewing.?Professor Barlow said: “There is potential to reduce conflict and help families reach appropriate arrangements by doing more to include children’s voices and taking their views seriously. This requires a shift away from parental autonomy in mediation and wider family dispute resolution towards one that recognizes children as people and not just passive objects.”
High court judge rules in exceptional family dispute
A High Court judge has ruled that there is "some evidence" of a child being born in a family dispute between a separated couple. The ex-husband claims his wife had given birth to twin boys, while the wife denies ever being pregnant. The court lacks the tools to investigate thoroughly, and the judgment was published after a hearing in May. The ex-husband is seeking contact with the child, and another hearing will take place in the future. The case involves conflicting evidence, including conversations and forged scans. The judge found strong evidence of a pregnancy and some evidence of a child being born, but many questions remain unanswered. Family?barrister?Lucy Reed?KC?said the case was a reminder it can be “extremely challenging” for the family court to sift reality from fiction. “It would be difficult for an outsider to believe a tale involving the many twists and turns” of the case, and it showed the value of publishing such judgments in the Family Court," she said.
Surge in inheritance disputes in UK as divorce rates rise
The Times
Disputes over inheritance in the UK have increased by 40% in the past four years, with 9,625 wills being disputed in the 2022-23 tax year. The rise in disputes is attributed to the growing number of "blended families" in the UK, where one or both spouses have children from previous relationships. This can lead to complexity and disputes when dividing the estate of a deceased family member. Caroline Foulger, a partner at TWM Solicitors, highlighted the importance of having a well-considered will to avoid disputes. The increase in disputes has also led to a rise in the number of caveats being filed to contest wills.
WORKPLACE CONFLICTS
Head wins landmark discrimination case against Ofsted
Kelly Vaughan, the head teacher of Pool Hayes Primary School in Willenhall in the West Midlands, has won a landmark discrimination case against Ofsted after the watchdog refused her request to delay an inspection due to a relapse in her multiple sclerosis (MS). Vaughan argued Ofsted had failed to make "reasonable adjustments" to accommodate her disability under the Equality Act 2010 after a laryngitis infection triggered a relapse of MS symptoms affecting her coordination and cognitive abilities. The case was settled out of court, and Ofsted has since apologised and committed to implementing mandatory training in collaboration with disability charities. "I hope the changes won in my case . . . help to ensure Ofsted deliver positive change in their wider culture as well as for other education professionals living with disabilities," Vaughan said.
Woman sacked after four-year sick leave loses unfair dismissal case
Daily Mail Metro
A woman working as a team manager has lost her case claiming unfair dismissal after being signed off sick for more than four years. Jeananne Henderson, who suffered from fibromyalgia, was unable to predict when she might return to work due to her condition. Her contract was terminated on the grounds of ill health, and she tried to sue for disability discrimination. However, the judge ruled that she had already been kept in employment for an extraordinarily long time. Henderson worked for Maximus UK Services, which carries out medical assessments for the Department of Work and Pensions. Despite her absence, her income was protected under a policy held by Legal & General Assurance. The tribunal concluded that her dismissal was not due to her fibromyalgia and that she was never well enough to contemplate returning to work.
INTERNATIONAL DISPUTES
Kremlin says Russia is open to negotiations with Ukraine
Daily Mail
The Kremlin has signaled its openness to negotiations with Ukraine on ending the conflict, but has questioned President Volodymyr Zelenskiy's legitimacy to rule. Meanwhile, Ukrainian Foreign Minister Dmytro Kuleba has expressed Kyiv's preparedness for talks with Russia, provided Ukraine's sovereignty and territorial integrity are fully respected. However, the Kremlin has called into question Zelenskiy's mandate to rule, because his term in office expired in May. Russian President Vladimir Putin has previously expressed readiness to halt the war in Ukraine with a negotiated ceasefire, but only if Kyiv drops its NATO ambitions and hands over provinces.
Labour hints it could accept loan agreement for Elgin Marbles to return to Greece
The Daily Telegraph Daily Mail
Labour has hinted that it could accept a loan agreement for the Elgin Marbles to be returned to Greece. The Greek government maintains that Lord Elgin stole the ancient sculptures from Athens in the 19th century. The British Museum claims he was given written legal permission to take them. Greece has been campaigning for their return for decades, but a UK law prevents treasures from being legally given away. Labour says it will not repeal the law, but Chris Bryant, the culture minister, has praised an agreement whereby British museums loaned several stolen items back to their countries of origin, including one where the British Museum and the V&A agreed in April for 32 gold and silver items to be loaned to Ghana for three years, with the option to extend for a further three years.
Saudi Attorney General participates in international investment disputes forum in Singapore
Saudi Gazette reports that Saudi Arabia's Attorney General Sheikh Saud Al-Mujeb has participated in the Forum of Senior Legal Advisors hosted by the Public Prosecution of Singapore. The forum focused on international investment disputes. During the forum, Sheikh Al-Mujeb discussed recent trends in Saudi Arabia and amicable alternatives for resolving investment disputes at both national and international levels.