Christopher NewmarkConsultant Mediator |
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Chris “is recognised for impressive interpersonal skills, a warm sense of humour and a shrewd view across a range of commercial and financial disputes”. |
Solicitor "confident bedside manner" "amenable and pragmatic"
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Chris Newmark's mediations have covered a very broad range of commercial disputes. As a commercial litigation solicitor, he has also acted on many occasions as a representative of parties in mediations both in the UK and the US.
Chris is recommended as a leading mediator by the 2008 editions of both Chambers and The Legal 500. Chambers refers to Chris as “quietly persuasive” and Legal 500 says that Chris “is recognised for impressive interpersonal skills, a warm sense of humour and a shrewd view across a range of commercial and financial disputes”.
Other dispute resolution experience
Chris is a UK member of the ICC Commission on International Arbitration. He sat on the ICC task force that drafted the ICC ADR Rules and co-chaired the ICC task force which recently published the ICC Commission’s “Techniques for Controlling Time and Cost in Arbitration”. Chris sits on the board of directors of the International Institute of Conflict Prevention and Resolution (CPR) and is a member of CPR’s international panel of distinguished neutrals and its European Advisory Committee. Chris is also a member of the Chartered Institute of Arbitrators, the Sports Dispute Resolution Panel and the LCIA.
Chris writes and speaks regularly on ADR and arbitration. He is a Senior Visiting Lecturer at the School of International Arbitration, Centre for Commercial Law Studies, Queen Mary University of London and conceived and co-edited the leading mediation book "Butterworths Mediators on Mediation - Leading Mediator Perspectives on the Practice of Commercial Mediation" which won the 2006 CEDR Excellence in ADR Award for best publication.
Chris studied Dispute Resolution at the University of de Paul in Chicago and has also trained as a mediator with CPR. Chris has also trained as a community mediator with the Lewisham Action for Mediation Project and has mediated cases for LawWorks Mediation and on the Independent Housing Ombudsman and Central London County Court mediation schemes.
Commercial Contracts
Dispute involving major electronics manufacturer arising under a contract for the provision of services related to the accreditation of certain products
Dispute between software company and one of its overseas agents concerning commission payable in respect of a major new contract allegedly procured by the agent
Dispute concerning contract between two companies in the agrochemicals sector for the supply of goods and services
Dispute between a supplier of machinery and its commercial customer regarding the customer’s loss of profits following an alleged repudiatory breach of contract by the supplier
IT / Telecommunications
£15 million dispute between customer and IT supplier / consultancy concerning the design and implementation of a geographic information system.
Lead mediator in co-mediation of five party dispute between a public body and four IT services and hardware suppliers. The dispute, which was worth £3 million, involved third party claims between the defendants. This case was settled in a one day mediation, the preparation for which involved briefing sessions with each of the parties.
£300 million dispute between a major telecom company and internet service provider
Dispute between financial institution and software development company concerning the development and provision of a bespoke software system
Dispute between construction company and IT supplier regarding problems regarding implementation of accounting software system.
Dispute between major mobile operator and large financial institution regarding claims and counterclaims arising out of a long term contract for the provision of mobile phone services
£11 million dispute concerning termination of an IRU agreement in respect of a fibre optic cable network
Dispute between internet service provider and equipment manufacturer concerning on-line payment system
Dispute concerning performance of a call monitoring and answering system supplied to a London Borough
Dispute between two telecom companies relating to unpaid invoices for call usage on certain leased lines
Dispute between IT services company and one of its major corporate clients regarding liability for invoices issued pursuant to an IT services contract
Dispute between two telecom providers in respect of amounts due under a revenue share agreement
Shareholder disputes
Dispute between former shareholder and continuing shareholder in company in the photographic industry relating to repayment of the shareholder's investment in the company
Three party dispute between shareholders in a manufacturing company regarding the level of dividend payments due to one of the minority shareholders
Dispute between shareholders in a furniture manufacturing company relating to board representation and various other shareholder rights
Insolvency
Multi-party dispute involving misfeasance and transaction at undervalue claims brought by liquidator against former directors and connected parties in connection with a sale of land prior to the liquidation
Contractual dispute between tour operator (in liquidation) and company providing flight operation services
Insurance
Dispute between insurer pursuing subrogated claim and insurers of defendants arising out of the damage caused by the supply of an allegedly faulty piece of equipment used in the space industry
Construction
Three party dispute between employer, contractor and sub-contractor concerning responsibility for defects to a floor forming part of a newly erected commercial property
Dispute arising out of contract for the provision of specialist labour services for installation of cabling in secure premises
Dispute referred to mediation via the Court of Appeal Mediation Scheme concerning the damage caused by allegedly negligent building works which were part of large property renovation
Dispute between contractor and employer relating to the cost of replacing faulty parts within the heating system for a commercial property
IP
Copyright dispute over use of a photographer’s images in a media campaign
M&A
Dispute arising from the sale of a vineyard and related business
Landlord & Tenant
Dispute between landlord and managing agent for the landlord's properties
Dispute between tenant and landlord concerning the impact on the tenant's business of building works at the premises
Sport
Dispute between an official and the governing body of a sport concerning certain disciplinary action taken by the governing body
Dispute between football club and its former manager concerning the manager's departure from the club
Comments from parties for whom Chris has recently mediated include the following;
“[Chris] had a firm grip on the facts and a good blend of both IT cases and the parties’ legal positions. He is clearly an experienced negotiator and litigator, and both sides respected that. They would certainly use him again or recommend him to other clients who needed a ‘good IT mediator’”.
“Christopher was very good. He calmed everyone down pretty early on. He got to grips with what was happening between the parties and helped them reach a sensible solution. Christopher was very fair and was in control of the situation.”
“[Chris] was very good at playing ‘devil’s advocate’ and challenging the merits of the case. As compared to other mediators, they felt Chris was better at focusing the parties on the main issues. Chris was very persistent and handled the mediation very well. Chris was not a ‘wishy-washy’ mediator and was able to move beyond trivial issues that their client might have raised.”
"[Chris] had read all of the material and was well prepared. He spent a lot of time with the other side but clearly worked magic. Would use him again."
Chambers has described Chris as having a “confident bedside manner” coupled with rich experience in complex matters which “set him up well for big-ticket mediations”. Chris has established a reputation as an “amenable and pragmatic” mediator.
Chris Newmark is a Partner at a niche practice specialising in commercial dispute resolution. Chris was previously a Partner at the London office of Baker & McKenzie, where he was the chair of the firm’s European Dispute Resolution Group.
In addition to commercial litigation in the English courts, Chris’s practice is focused on international commercial arbitration and alternative dispute resolution.
Chris regularly represents clients in large international commercial disputes, usually arising out of cross-border contracts. Chris has represented clients before many international tribunals in arbitrations governed by the UNCITRAL, LCIA, ICC and LME rules and has represented clients in investment arbitrations administered by ICSID. He has also been appointed as an arbitrator by both the LCIA and the ICC Court of Arbitration.
Chris has a good working knowledge of French, having studied French law at the University of Limoges.
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