Alternative Dispute Resolution

William Fry is a leader in domestic and international alternative dispute resolution (ADR), both commercial and public. We recognise that our clients often prefer to attempt to resolve their disputes on more favourable terms rather than litigate or are referred to ADR by the courts. We use a range of ADR methods to settle disputes for clients to generate savings and achieve their commercial objectives in the process.

ADR mechanisms also have the advantage of being confidential. We have in-depth understanding of all the processes and can identify the best and most experienced individuals to resolve the dispute.

We have extensive expertise in all types of ADR mechanisms and have qualified arbitrators and mediators within the group.  Our lawyers have a reputation in the industry as tough but solution-focused negotiators and advisers.

We have links to the leading domestic and international ADR institutions, panels and centres for excellence including Chartered Institute of Arbitrators, (CIArb) Centre for Effective Dispute Resolution (CEDR), Irish Commercial Mediators Association (ICMA) Friarylaw/ADR Group, International Chamber of Commerce (ICC), Law Society of Ireland and One Resolve.

 

A sample of our recent experience includes:

  • Acting for a contractor on a rail dispute with international ad-hoc tiered dispute resolution provisions (including a dispute board)
  • Acting for a private carriage company on an international shipping arbitration claim under ad-hoc rules
  • Acting for a ICC arbitration in relation to a plant machinery dispute
  • Acting for a Local Authority in relation to a mediation arising from a dispute on the terms of a development agreement
  • Acting for a multi-national commercial client in relation to a final account/quantum construction dispute under the IEI Works Contract
  • Acting for a contractor in relation to a series of arbitrations with employer and sub-contractors respectively relating to a hotel, retail and leisure centre under the RIAI Building Agreement
  • Acting for a university in relation to an arbitration concerning a defects claim against the  professional design team and the construction team on a scientific facility structure
  • Acting for a oil company supplier against a contractor in connection with defective oil and gas pipelines

Our experienced lawyers can act as Solicitor, Counsel or Arbitrator and a number are qualified in more than one jurisdiction.

 

Court Refuses Arbitration in Player vs Agent Dispute

Former agents of Premier League footballer were recently unsuccessful in their attempt to have allegations about secret commissions determined by a Football Association arbitral tribunal instead of by a court. The Court held that participation alone does not imply a contract between participants in organised sports incorporating the rules of the sport.


Success for Instagram in first WIPO Panel Decision on .eu Top-Level Domain

Instagram succeeds in arbitration case against lnstagram.eu cyber-squatter.


Arbitration Agreements – To Stay Or Not To Stay? Gotta Stay connected!

The Irish High Court reaffirms that an arbitration agreement can apply to a non-party where there is a sufficient connection. In the absence of that sufficient connection, there is no reason why factually related but substantially different claims cannot separately be arbitrated/adjudicated.


In-House Solicitors Caught By Mediation Act 2017

On Monday 2 October the Mediation Bill 2017 was signed into law by the President and a commencement order is expected in the coming weeks.


High Court Refuses To Stay Proceedings In Favour Of Arbitration

High Court confirms there is no obligation to refer where agreement provides for court determination of discreet aspect of dispute pending arbitration


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Department

  • Market commentators say: "William Fry have a strong bench across all disciplines. They have the resources to meet all challenges that arise in litigation." Another source adds that there is a "very high standard of service, because they're so well resourced you can pull on different expertise from different levels of their business." Sources describe the firm as "a pleasure to work with as they are intellectually very strong, yet decent, easy-going personalities." Chambers Global, 2018 
  • An interviewee states: "They have excellent litigation instincts and analytical abilities," adding: "They are very effective at taking complex issues and boiling them down to essential elements, and because of that, they are good at developing an overall litigation strategy. It really has been a pleasure because they are very smart and produce a first-class work product; they are first-rate".Another client appreciates the fact that they "always get a proactive, practical and commercial viewpoint." Another source agrees: "I am impressed with the practical, commercial focus of the department and the understanding of the commercial realities facing its clients." Another commentator enthuses: "We find the litigation team at William Fry excellent. In addition to the quality of their legal advice, we continue to be impressed by their client focus. They know the type and level of information and input that we require and tailor their advice accordingly."  Chambers Global 2017
  • William Fry has broad-ranging expertise, notably including retail, financial services, healthcare and media. Recent highlights include practice head Owen O’Sullivan successfully obtaining an injunction against RTÉ regarding publication of Denis O’Brien’s banking arrangements, and ‘very practical adviser’ Garrett Breen defending Egis Lagan Services and Lagan Construction Group Holdings in procurement litigation over the N20 road. Legal 500 EMEA 2017 
  • "The firm is extremely responsive, really works with us well and gets to know us. The team is completely reliable and has lots of experts to deal with everything you need."
    "The advice is commercial as well as purely legal, and the lawyers are accessible and always in a position to respond as quickly as we require. We have a real sense that we get value for money." 
    Chambers Europe 2016
  • William Fry has a ‘first-class and proactive’ team. Legal 500 2016.
  • William Fry has been judged to be Ireland’s most innovative law firm and the sixth best innovative European law firm (non-UK) by the Financial Times Innovative Lawyers Report.The high ranking was awarded to William Fry in recognition of case studies which drew praise from the judges.  William Fry showed exemplary innovation in Dispute Resolution by convincing the Irish courts to consider sharia law.  Financial Times Innovative Lawyers Report 2015
  • "The team understands the process and issues, and can simplify any complexities. The lawyers are extremely responsive and go above and beyond what is expected of them." "This firm offers individuals with expertise and determination, who are easy to work with." Chambers Europe, 2015 - Dispute Resolution
  • "Elite dispute resolution firm." Legal 500 EMEA, 2015 - Dispute Resolution
  • "Martin Phelan's controversy practice is at the forefront of domestic contentious tax work and boasts an enviable client list." Who's Who Legal - Corporate Tax 2015
  • Impressive client list and broad expertise including banking and financial services, IP and regulatory matters. Active in the field of professional discipline, covering a broad range of sectors including financial services and medical defence. "The lawyers can pull in all the firm's resources, and are commercially minded and responsive."  Chambers Europe, 2014 - Dispute Resolution
  • William Fry remains a popular choice with clients; ‘the strength of the team is of the highest order’. Legal 500 EMEA, 2014 - Dispute Resolution
  • Sources say: “One hell of a practice. It got to grips with the practicalities and was a great sounding board for bouncing ideas off.” “I always feel as if I am the centre of attention and that I am a valued client.” Chambers Europe, 2013 - Dispute Resolution
  • William Fry is ‘top class’. Legal 500 EMEA, 2013 - Dispute Resolution
  • Sources say: 'William Fry always delivers, and will always exceed our expectations.' Chambers Europe, 2012 - Dispute Resolution  
  • William Fry provides "a practical yet innovative approach". Legal 500 EMEA, 2012 - Dispute Resolution

Team

Owen O'Sullivan

  • Owen O'Sullivan receives plaudits from a range of market commentators, describing him as an "excellent corporate litigator" and "a very astute operator"who has "very tactical and good commercial judgement." Chambers Global 2017
  • Owen O'Sullivan is a litigator and dispute resolution specialist with an exceptional reputation, including sound knowledge and experience of insurance disputes who is "quickly able to make decisions on how to handle certain situations, taking into account all stakeholders that may be affected." Interviewees praise him as a "very astute guy with really reliable intuition in court."  Chambers Europe 2016
  • Owen O'Sullivan is "a superb lawyer - he's patient, doesn't lose his cool or display any signs of stress, and always seems to have our interests at the fore."Chambers Europe, 2015
  • Owen O’Sullivan provides ‘direct and definitive advice’. Legal 500 EMEA, 2015
  • Department head Owen O'Sullivan is "very pragmatic and has a value-for-money approach," according to one client. Chambers Europe, 2014
  • 'Very bright’ practice head Owen O’Sullivan is ‘an insightful strategic thinker’.Legal 500 EMEA, 2013
  • Owen O'Sullivan "really knows his stuff, is always well briefed, and is efficient and easy to deal with.” Chambers Global 2013

Carol Plunkett

  • Esteemed litigator Carol Plunkett  is widely acclaimed for her unrivalled practice handling IP disputes. One source explains: "She brings a whole wealth of experience to the table and is a doyenne of Irish IP law." Carol  has ‘an amazing IP knowledge base.’ Chambers Global 2017
  • Carol Plunkett is widely admired for her strength in IP and regulatory disputes and is highlighted by market commentators as an "extremely accomplished lawyer" and "a leader in IP litigation.Chambers Europe 2016
  • Sources are effusive in their praise of outstanding contentious lawyer Carol Plunkett, with one saying: "She's one of the most experienced litigators in Dublin. Having dealt with cases across a huge spectrum, nothing will phase her at this stage." Another comments: "She is practical and knowledgeable, and understands commerciality. She manoeuvres around the issues very smoothly." Chambers Global 2015
  • Carol Plunkett is a ‘seasoned litigator’ with 'great instincts'Legal 500 EMEA, 2015
  • Carol Plunkett is described by clients as "hands-on and accessible, with excellent communication. She instils this culture in all her team and keeps everyone up to speed."  Chambers Global 2014
  • Carol Plunkett is widely acclaimed as “just brilliant. She has fantastic expertise in both intellectual property and commercial litigation.”  Chambers Global 2013

Garrett Breen

  • The "excellent" Garrett Breen handles a range of disputes, and is noted by sources for his knowledge of the technology and telecommunications sectors. Clients say he provides a "no-nonsense approach and sound insight.Chambers Global 2017
  • Garrett Breen is described as a ‘very practical adviser’. Legal 500 EMEA 2017
  • Garrett Breen is well positioned for major litigation cases, as he is "a good organiser of large litigation teams and well equipped for the logistics of the largest, most complex litigation." His broad experience includes prominent cases in the IP, competition, banking and regulatory spheres. Chambers Global 2016
  • According to interviewees, Garrett Breen "is a determined, smart guy, who is absolutely dedicated to his clients." Chambers Global 2015
  • Garrett Breen is ‘first-class’. Legal 500 EMEA, 2015
  • Garrett Breen is a "fierce litigator" according to one source and clients agree they "trust him to always deliver." He handles commercial and regulatory litigation.  Chambers Global 2014
  • Garrett Breen, who has ‘a phenomenal strategic mind’. Legal 500 EMEA, 2014
  • The "determined and focused" Garrett Breen. Legal 500 EMEA, 2013
  • Garrett Breen is hailed as a "creative lawyer who looks at all the different angles and is able to help us build a superb case."  Chambers Global 2013 

Fiona Barry 

  • Fiona Barry holds a commanding position in the medical negligence and healthcare litigation sphere, including regulatory and insurance matters. Clients praise her as being "responsive, knowledgeable and pleasant.Chambers Global 2017
  • Fiona Barry is ‘responsive, calm and considered’. Chambers Global 2016
  • Fiona Barry is 'excellent’. Legal 500 EMEA, 2015
  • Clients value Fiona's input, praising her as being “receptive to our needs. She supports and assists our clients.” Chambers Europe, 2013 

Margaret Muldowney 

  • Consultant Margaret Muldowney is recognised by interviewees for her expertise in product liability and malpractice litigation in the medical and healthcare sectors. Chambers Global 2017
  • Margaret is "well known as an extremely safe pair of hands," according to sources. Chambers Global 2016
  • Margaret Muldowney is well liked by her clients, who comment: “We are incredibly impressed with her. She is bright, switched-on and receptive.”  Chambers Europe, 2013

Lisa Carty

  • According to one client, Lisa Carty "is a very commercially aware lawyer: her advice is not just legally sound but also mindful of the practical impact for her client's business. She is insightful, knowledgeable, accessible, decisive and a pleasure to deal with." Chambers Global 2017
  • Clients admire Lisa Carty for her "keen commercial sense, while at the same time being technically very proficient, instilling confidence. Her advice is decisive and well informed." Chambers Global 2016
  • Lisa Carty "She has a good understanding of the issues involved in our business, she is astute in identifying problems before they happen, she has a clear mind, and she's very good at distilling complex, technical issues." Chambers Global 2015
  • Lisa Carty, who ‘distils complex issues into digestible pieces’Legal 500 EMEA, 2015
  • Lisa Carty can ‘distil complex issues to the core points’. Legal 500 EMEA, 2014

Paul Convery

  • One client describes Paul Convery as "excellent" and "an up-and-coming lawyer,"adding: "He is a very patient individual and has the virtue of being experienced while being young." Chambers Global 2017
  • Clients appreciate his "incredible patience and attention to detail." Chambers Global 2016

Key Contacts

Owen O'Sullivan Partner

Michael Quinn Partner

Liam McCabe Partner

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