IT/Technology/Telecoms – examples of mediations undertaken
A two-day mediation concerning a master software licence and services agreement in the financial services field involving a foreign public corporation (c. £70 million).
A mediation in Washington D.C. arising out of a dispute in the insurance sector following a merger and concerning the scope of a licence agreement (c. £15 million).
A mediation over 4 days arising out of the implementation of a CRM system (c. £1.4 billion).
A dispute between telecoms providers raising issues under the General Conditions of Entitlement (promulgated under the Communications Act 2003).
A dispute in the telecoms sector arising out of an alleged fraud involving sham traffic/AIT and a series of carrier agreements, the sharing of loss, duties to detect and prevent fraudulent or unauthorised activity being just a few of the issues under discussion.
A dispute concerning the failed development of a new telecoms service (c. £500k).
A two day mediation between a public body and a major service provider in relation to an allegedly failing procurement outsourcing project, with the dispute focusing on level of savings achieved and calculation of the share of those savings between the parties (c. £15 million).
A mediation between prime contractor and sub-contractor over additional costs arising from an upgrade of software and hardware project for a major utilities company.
A dispute concerning the implementation of IT systems at a pharmaceutical research centre involving allegations concerning compliance with ‘The rules governing medicinal products in the European Union’ (EudraLex), Volume 4 – Good Manufacturing Practice, Annex 11 (Computerised Systems);
A dispute between technology companies over an ‘epidemic’ failure of components.
A dispute arising out of the design and manufacture of a vehicle telematics system.
A technology dispute between a foreign public corporation and a major IT supplier (with insurers being separately represented) mediated over two days, the mediation being preceded by one day of meetings with the parties (individually) and several conference calls during the previous few months (c. £45 million).
A dispute concerning the assessment, provision and cost of additional bandwidth under a master services agreement and the representations and assumptions made around network sizing.
A dispute arising out of the supply of an electronics system to manoeuvre safety critical components within a passenger aircraft (c. £2 million).
A multi-party mediation concerning ownership of certain enhancements made to software in the course of a defence related project and the scope of pre-existing licences in relation to original software.
A dispute in relation to a dark fibre agreement and co-location agreement, and the proper ‘rating’ of the co-location site.
Numerous licence agreement disputes over scope, usage etc.
A dispute concerning the design and supply of engine control units for racing car engines, raising issues, amongst others, relating to the design and reliability of printed circuit boards.
A telecoms dispute arising out of the acquisition of a third party telecoms company (c. £4million).
A dispute arising out of a software licence and master software, services and training agreement in the financial services sector following a takeover (c. £1.5 million).
A two day mediation concerning a ticketing and CRM system installed at a major football club’s ground (c. £2m+).
A two day overseas mediation of a dispute concerning a multinational insurance company arising out of a multijurisdictional licensing dispute (c. several £million).
A dispute between a public authority and a technology company concerning the development of smartcard technology for several public sites, the mediation taking place over two days (c. £1million+).
A telecoms dispute concerning the supply of a telecoms service to a business and the transition from copper wire to fibre (c. £400K).
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