Halsbury Chambers Attorney Jayson Romer Attends Best Practices and New Developments in High-Stakes Litigation and Arbitration Conference
High-Stakes disputes are here to stay. The age of technology has given rise to a number of global advancements including the growth and expansion of international commerce. In recent years, the speed of information technology has forced both major and minor business entities to contend with the issues born out of these advancements, among them, cases of instant liability occurring in local and international jurisdictions.
“In an age when information is available instantaneously and what happens thousands of miles away impacts everyday decisions affecting business plans, Halsbury Chambers invests in resources, time and energy to ensure that every member of the firm is informed,” says the firm’s founder Branville McCartney. Clients benefit from the dedication to a combination of basic tradition and immediate response to evolving law and jurisprudence.”
In the constantly changing environment, The Bahamas has, and continues to be regarded as the prime arbitration centre to hear such high risk disputes; in fact, practitioners who advise multinational companies are often encouraged to use arbitration as a means to best limit exposure and liability and ultimately avoid litigation during disputes.
Now more than ever, the role of Counsel – both in-house and external – has become more critical in preventing and managing high risk disputes. Effective management of such situations are important in the avoidance of arbitration and/or litigation and often require a combination of carefully planned legal strategies, coupled with the right mix of media opportunities. In the management of high stakes or crisis situations, both good and bad publicity can be used as an asset in handling critical situations over the short and long term.
Halsbury Chambers Attorney Jayson Romer, a specialist in civil and commercial litigation recently attended the international conference on best practices and new developments in high stakes litigation and was the only Bahamian to participate in this year’s workshop which was hosted by the International Bar Association.
The event which took place in Atlanta Georgia on December 4, 2014, saw thousands of attorneys from firms around the world converge to participate in discussions on the way forward as it relates to litigation involving substantial money or assets with more than 15 speakers from countries making presentations.
The current environment being what it is, Romer acknowledged the need for the legal community to “use their litigation skills to think ahead and strategize, control the message, control the process and conduct effective lessons learned and analysis when managing high stakes litigation.”
The highlight of the conference was the timely discussion of the pending Canadian case of Yaiguaje v Chevron Corporation, 2013 ONSC 2527. This case deals specifically with the issue of forum non conveniens. Indeed, the case is of particular importance to The Bahamas because the international corporation has maintained a presence in The Bahamas via its subsidiary Texaco which has since been rebranded as Rubis.
This is just one example of the recent influx of subsidiary franchises and offices in The Bahamas and further highlights the need for the coordination of high stakes litigation from a multi-jurisdictional standpoint. In the Chevron’s case, the Canadian Supreme Court is set to hear arguments concerning the ability of a Canadian court to enforce a $10 billion dollar Ecuadorian Judgment.
“This case can have a significant impact in The Bahamas if the Canadian Supreme Court finds that it has jurisdiction to enforce a judgment from a foreign subject even if the subsidiary has no assets in that country, notwithstanding the judgment was obtained against the debtor parent company who is domiciled in another country” Romer explained.
“This can indeed be a game changer for the Bahamian legal system” he added.
According to Romer, the local legal community must continue to closely monitor the outcome of this case particularly as it relates to the potential impact it could have on the doctrine assumed within this jurisdiction and how it can affect the future of global business in this country as well.
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