Ben Giaretta

Fox Williams LLP

Ben Giaretta is a Partner and the Co-Head of International Arbitration at Fox Williams LLP. He is the current Chair of the London Branch of the Chartered Institute of Arbitrators. He is a Chartered Arbitrator, a Fellow of the Chartered Institute of Arbitrators and a Fellow of the Singapore Institute of Arbitrators, and he is on the panels of arbitrators of several arbitration institutions, including the SCCA, SIAC and the HKIAC. He lectures on international arbitration at the University of Aberdeen and for the Chartered Institute of Arbitrators.

His experience spans many industry sectors, including oil and gas, mining, petrochemicals, telecommunications, shipping, finance, insurance, construction, engineering and infrastructure. He has represented clients on disputes throughout the world, including Europe, Africa and the Americas, and particularly in Asia: he lived and worked in Singapore for seven years. He appears as counsel in international arbitration and often sits as an arbitrator: he has been appointed as sole arbitrator, party nominated arbitrator, presiding arbitrator and emergency arbitrator, on many occasions.

Practice Areas

Panels

Consulting Editorial Board
Contributing Author

Qualified Year

2001

Membership

Fellow of the Chartered Institute of Arbitrators
Fellow of the Singapore Institute of Arbitrators
SIAC
HKIAC

Qualification

Solicitor Advocate

Education

Trinity College, Oxford - MA (1996)
Queen Mary College, University of London, Postgraduate Diploma in International Commercial Arbitration

3 Contributions by Ben Giaretta

PRACTICE NOTES

Choosing Arbitrators: Pre-Appointment Questions, Objective and Subjective Information Sources, and Managing Bias and Other Pitfalls

This Practice Note explores why and how collecting intelligence on prospective arbitrators is useful, and the purpose and value of doing so. It outlines the sorts of queries one might put to prospective nominees and explains the channels for assembling such material, including arbitration questionnaires and repositories that aggregate data on arbitrators. It sets out what to ask and how to ask it, from structured questionnaires to resources that collate profiles. It also addresses downsides—like confirmation bias—that can flow from employing pre-appointment questioning. The information gap in appointing arbitrators Arbitration conducted within tight sectoral circles or localities, and specific regions, has benefits. Participants know the pool of arbitrators. Most have a feel for their case-handling styles, the factors they find persuasive, and the arguments that resonate. Yet, as the field has grown, a shortage of information has emerged. Parties may be unfamiliar with arbitrators abroad; and, with caseloads rising, they may seldom meet even those they already know. A consequence is repeated appointments of the same well-known international arbitrators, producing issues around availability, delay from over-commitment, and reduced diversity. Resources collecting information on arbitrators Attempts to remedy this shortfall have followed two lines of collection to date, in practice: •...

Arbitration

PRACTICE NOTES

Singapore Convention on Mediation: application, enforcement and recognition of international mediated settlement agreements, refusal grounds, reservations and practical drafting, with UK signature and ratification status

This Practice Note examines the United Nations Convention on International Settlement Agreements Resulting from Mediation, commonly known as the Singapore Convention. It sets out the framework for enforcing international settlement agreements achieved through mediation. The Note reviews the countries that have signed, their obligations under the Convention, and any reservations they may enter. It analyses the application and scope of the Convention, clarifies defined terms, and explains the requirements for enforcement or reliance on settlement agreements, as well as the grounds to refuse relief and to adjourn decisions on relief. It also addresses other matters and practical considerations. What is the Singapore Convention? The Singapore Convention was signed in Singapore on 7 August 2019. It can be accessed on the UNCITRAL website—United Nations Convention on International Settlement Agreements Resulting from Mediation. Its primary aims are to facilitate international trade and to promote the use of mediation in resolving cross-border commercial disputes (UNCITRAL accession kit). The intention is to establish a uniform and efficient framework for the enforcement of international settlement agreements resulting from mediation and to permit parties to invoke...

Dispute Resolution

PRECEDENTS

Arbitration Project Management Plan Template: Objectives, Methods, Requirements, Stakeholders, Issues, Evidence, Procedural Timetable, and Change/Risk Registers

Private and Confidential [ COMPANY NAME ] Arbitration with [ NAME ] [ CASE REFERENCE ] Project Management Plan SECTION A—INTRODUCTION 1 Purpose 1.1 This Project Management Plan (the Plan) seeks to present a summary of the arbitration between [ name ] (Claimant) and [ name ] (Respondent). 1.2 The principal aims of the Plan are to: 1.2.1 [ Enter text ] 1.2.2 [ Enter text ] 1.2.3 [ Enter text ] 1.3 The Plan will be subject to ongoing review and will be updated at key milestones in the arbitration. The record of changes to the Plan is set out below: No. Revision Date 1. Original version 2. 3...