CEDR Panel member since 2003
Stephen Bate, C. Arb.
Stephen Bate is a British citizen, a Chartered Arbitrator with a UK domestic and international commercial arbitration practice carried on through ARBDB, arbitration chambers in London: www.arbdb.com. His background is as a barrister at the English Bar, whose practice included many years’ experience in a range of civil and commercial matters, specialising in media & entertainment law and acting for and against well-known individuals and companies.
Stephen is a member of the Presidential Panel of arbitrators at the Chartered Institute of Arbitrators; he is on the panel of arbitrators maintained by the Dubai International Arbitration Centre, a panel arbitrator for Sport Resolutions and also for Phonographic Performance Ltd, the trade association of record companies and performers.
He was accredited as a mediator in the UK by the Centre for Effective Dispute Resolution (CEDR) in 2002 and has since mediated well over 100 cases with values up to £250M in a very wide range of commercial disputes, with a settlement rate of about 70%. His mediation practice is carried out through CEDR Chambers: www.cedr.com.
Arbitral and Other Appointments
These include the following:
- Dispute over performance of a shareholders’ agreement of a telecommunications company, arbitration under UNCITRAL Rules. Award of US$130M (one of three arbitrators).
- Dispute over exercise of pre-emption rights over further shares in the same company; arbitration under UNCITRAL Rules. Claim value c. US$80M (one of three arbitrators).
- Sole arbitrator in contract dispute concerning the supply of education services to the Middle East, claim value c. £2M.
- Sole arbitrator in patent licence dispute.
- Sole arbitrator in dispute concerning the supply of advertising services.
- Sole arbitrator in contractual loss of profits dispute in the fashion industry.
- Sole arbitrator in sale of goods case.
- Sole arbitrator in disputes concerning partnership retirement and enforceability of restrictive covenants against a leaving partner.
- Sole arbitrator in partnership disputes relating to accountancy practice.
- Sole arbitrator in dispute concerning contracts for the provision of facilities for the UK National Health Service.
- Sole arbitrator in contract dispute in the soft drinks industry.
- 15 ABTA documents-only arbitrations in holiday and travel cases.
- Chairman of arbitrators appointed by the English Football Association in disputes between player and player’s agent under Rule K procedures.
- Chairman of English Football League’s Disciplinary Commission (FDC) in arbitration between football clubs over the poaching of a management team.
- FDC Chairman in disputes between (i) club and youth player over player’s registration and (ii) clubs and player over liability to pay ‘signing on’ fee.
- Member of the Licensing Committee of UK horse racing’s regulator (the British Horseracing Authority) 2007-2016, hearing numerous applications under ‘fit and proper person’ jurisdiction of the regulator.
- Legal Assessor, sitting with and advising fitness to practise panels and tribunals of UK healthcare regulators (General Dental Council, Health and Social Care Tribunal Service; previous experience sitting as Legal Assessor in racing corruption cases.
- Approximately 70 documents-only adjudications for CISAS under UK Communications Act 2003.
- 50 expert determinations for Nominet in registration disputes over co.uk internet domain name registrations.
Areas of Arbitration Work
Fields of work covered include commercial contracts, defamation, ICT (information, communications and technology), intellectual property, leisure and travel, manufacturing, media & entertainment, partnership/shareholder, property, pharmaceutical, NHS, healthcare and other regulatory matters, sport and telecommunications.
The above include/further areas are: sale of goods, supply of services, distribution agreements, licensing agreements in various fields, such as telecommunications, media, entertainment and intellectual property licensing (e.g. patent and trade mark) disputes, copyright infringement; franchise agreements, gas supply contracts, computer contracts, employment contracts, restrictive covenant disputes, insurance claims, guarantee claims, contract disputes in many other different fields, e.g. sale of companies, warranty claims under sale and purchase agreements, joint venture contracts, agency agreements, contracts for advertising services; landlord & tenant, professional negligence (solicitors), partnership disputes, shareholder disputes, competition claims, claims for breach of statutory duty, sponsorship and other sports-related agreements; breach of confidence, privacy and data protection.
1980 – 1981 Passed Bar Finals exams and called to the English Bar.
1979 – 1980 Diploma in Law, City University.
1976 – 1979 Magdalene College, Cambridge; M.A Foreign Languages (French and German).
Interests include sports, reading history and membership of the Royal Geographical Society.