Statement of Intent

The focus of this PG is the creation of opportunities and platforms to facilitate profitability of arbitration practices across Mackrell International.

One crucial source of opportunities for the international arbitration practices in our network (which other networks with larger firms, or large international law firms may not enjoy) is the ability to act against major institutional parties. Such parties are enforcement-worthy, which is of great interest to major third party funders, many of whom now are in “money chasing disputes” mode. Apart from organising sessions with a few major third party funders (separately) with interested member firms to let us know the funders’ offerings and individual positioning, a significant longer-term project would be to get a third party fund (or two) to earmark a discrete sum (say, US$20 million) toward funding meritorious claims by member firms’ clients. The success of this venture depends greatly on the funders’ business analysis. I would like to play the role of facilitator to shape the discussion between us and the third party funders to allow them to come to such a decision. I intend to kickstart this with a session with a third party funder in Q1 2021.

Another crucial source of opportunities – to be approached with more sensitivity – is in the cross-selling of member firms’ international arbitration capabilities to sector-specific clients of member firms in sectors and industries that traditionally see much arbitration, e.g. energy, construction, commodities, marine. The executability of this enterprise depends very much on these sector-specific PGs (and their constituent stakeholders) seeing value to cross-referring their clientele. For this, a conversation has to be initiated and kept ongoing between the International Arbitration PG and the other PGs. I would welcome thoughts on how such a conversation is to be shaped and sustained, with an intended milestone of having a first round in Q1 2021, with an interested PG that I would ask the MI Directorate to suggest.

Through the process, other opportunities that benefit the network may well be surfaced, which I will flag out to the MI Directorate for consideration as to how they can be shaped and exploited. The hope is that the International Arbitration PG will be seen front and centre as a source of good and opportunities for other PGs, and constituents therein.

If any member requires an up to date list of this PG Participants please contact MI HQ - mackrell.hq@mackrell.net

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