Gordon Tregaskis

Gordon Tregaskis

Barrister
Membership Status: Barrister - Full Member Called in 1980 Public Access Accredited BSB Guidance for Public Access
Bar Standards Board - Regulating Barristers
Barristers in England and Wales are regulated by the Bar Standards Board

Profile

General Information

As a Barrister, Chartered Arbitrator, CEDR Solve Mediator and Adjudicator (CIPAA), Gordon Tregaskis has over 40 years’ experience of international business.

From early beginnings as a Barrister in England to moving into General Counsel, Commercial Director and CEO roles of international companies, Gordon has a dual passion for both creating deals and resolving the inevitable issues arising from them. Gordon has witnessed first-hand what happens in projects when hidden agendas clash and how mediated diplomacy can be used to find resolution, particularly across borders and in multi-cultural and multi-party dispute environments.

HIGHLY EXPERIENCED COMMERCIAL ARBITRATOR AND MEDIATOR WITH INTERNATIONAL EXPERTISE

As an independent neutral, Gordon has successfully managed and resolved many major international engineering, construction, energy, intellectual property and shipping disputes through negotiation, mediation and ultimately arbitration, bringing geographically and culturally diverse parties together.

- 20 years in senior international commercial roles resolving complex issues on major construction and concession projects in South East Asia, Europe, the Middle East and the Americas

- 30 arbitrations completed over the past 10 years

- Disputes arising on diverse commercial matters including construction contracts, charterparties, franchising, agreements, joint ventures and property

- Unique understanding earned by direct experience of cross-cultural issues and differences affecting international business

Gordon is a passionate believer in mediation as a tool for promoting commercial settlements and successful outcomes. As a panel member of several arbitration institutions, he believes in making clear decisions in accordance with contract provisions based on the facts established by evidence.

Clients value the depth of his international commercial experience as well as his breadth of cultural experience. Understanding and respecting different cultures, languages and legal systems in arbitration, negotiation or mediation can considerably increase the chances of a successful outcome. Competence in managing complex high-value cross border arbitrations is indispensable.

Legal expertise:

International Arbitrator

  • Commercial agreements, construction contracts, domestic and commercial infrastructure, franchising agreements, joint ventures, sale of property disputes, shipping contracts. Gordon has regularly acted as an arbitrator between Middle East developers and expats, dealing with foreign law such as the civil codes of the Gulf States, Saudi Sharia, the Civil Codes of Thailand and other ASEAN States and the Common Law approach of Malaysia, Singapore & Hong Kong

 

Mediator

  • All forms of ADR including determinations, early neutral evaluations, evaluative mediations. Gordon specialises in cross-cultural commercial mediations, bringing parties of diverse nationalities to view settlement as the best option. These multi-party disputes usually involve delay claims, construction final account disputes and contract issues. Notable cases include leading a team of 23 people in a $1billion evaluative mediation to settlement after 18 months

 

Legal Advisor for international companies in English Law

  • With both English and Foreign Law expertise, including in both Common Law & Civil Law systems, Gordon advises overseas companies directly on arbitration, contract drafting and interpretation, strategic relationship planning and dispute resolution, particularly for ventures involving project finance, JOA and joint ventures, engineering/construction and operations. Getting the right strategic legal advice at the start of a project or the onset of a dispute can make a significant difference to the outcome.

 

Global expertise

As an Independent Neutral and Consultant Gordon has successfully settled arbitration and mediations in many international disputes, including:

-              Bahrain – Leading an expert team on a US$200m commercial arbitration, resisting contractor claims for loss and expense resulting from delay on an iconic housing project

-              Kazakhstan – Advising Contractor on design build risks including local law Civil Code considerations

-              Myanmar – Making recommendations on the introduction of modern arbitration laws and practice to the Union of Myanmar

-              Qatar – Advising two International Contractors on pre-bid terms and contract conditions for an underground railway line, which lead to a rethink of harsh contract terms imposed by the Government

-              Saudi Arabia – Advising two International Contractors on two projects to help refine claims against dominant Government Oil & Gas majors, leading to the early financial settlement of disputes

-              Thailand – Acting as arbitrator and mediator in construction and commercial franchise cases

-              UAE – Advising government entity and reviewing a proposed contract for major airfield terminal suggesting changes to contract form where necessary. Acted as Lead Mediator in a successful resolution of a 1 billion dollar dispute through an 18-month evaluative mediation. Acted as arbitrator in more than 20 commercial and construction cases for both DIAC and DIFC-LCIA.

Professional qualifications & associations

  • Chartered Arbitrator - 2011
  • Fellow of the Chartered Institute of Arbitrators - 2006
  • CEDR Accredited Mediator 2003
  • Barrister at Law Gray’s Inn 1980
  • Post Graduate Diploma in International Commercial Arbitration, Chartered Institute of Arbitrators - 2005
  • International and European Law Scholarship, Université libre de Bruxelles - 1980 – 1981
  • Bar Finals, Inns of Court School of Law - 1979 – 1980
  • BA (Hons) Law, Nottingham Trent University - 1974 – 1978
  • Star Arbitrator, as voted by students and staff of the Hong Kong Vis East Moot Competition – 2016
  • Vice Chairman, UAE Branch of the Chartered Institute of Arbitrators - 2011
  • Honorary Secretary, Thailand Branch Chartered Institute of Arbitrators - 2004 - 2007
  • Accredited Non Executive Director, Bursa Malaysia (KLSE) - 1996 – 2004
  • Arbitration Panel Member, Dubai International Arbitration Centre
  • Arbitration Panel Member, Hong Kong International Arbitration Centre
  • Arbitration Panel Member, London Court of International Arbitration
  • Arbitration Panel Member, Kuala Lumpur Regional Centre for Arbitration
  • Arbitration Panel Member, Asia International Arbitration Centre
  • Arbitration Panel Member, Abu Dhabi Commercial Conciliation and Arbitration Centre
  • Arbitration Panel Member, Thai Arbitration Institute

 

Gordon has lectured in arbitration and mediation skills as a member of faculty for the Chartered Institute of Arbitrators and the Royal Institution of Chartered Surveyors. He has also guest lectured on Mediation for the LLM Course at the British University in Dubai.

Gordon speaks French and has dual British and Irish nationality. After many years of living and working in Asia and the Middle East, Gordon has recently returned to England but still spends much of his time energetically working remotely on disputes in Asia and MENA regions.

For specialist arbitration and mediation services as well as commercial legal advice contact gordon.tregaskis@clerksroom.com or call +44(0)1823 247247.

Fees and Feedback

FEES:

Details regarding our approach to fees can be found at the following link:  http://www.clerksroom.com/content-html?cid=514

SERVICES:

Please see “profile” tab for a description of the legal services provided by this barrister.

We aim to complete and return all paperwork within 14 days (2 weeks) of receipt if no specific deadline is provided. We can work to much faster timescales if requested or we can agree a specific target date for each individual circumstance. We will always advise at the outset if counsel is unable to meet any deadline.

Each barrister has a standard hourly rate for their work. The individual hourly rate can be agreed when instructions are acknowledged if preferred. We welcome early discussion as to the suitability of a specific barrister for a specific case. The right barrister will have the relevant expertise to deal with the case but will not be too junior, or too senior depending on the complexities.

We aim to allocate all cases to the correct level of experience & seniority which we believe will prove most to be the most cost-effective solution for our clients.

If, due to urgency, we allocate paperwork to a more senior member of Clerksroom, we will charge the appropriate hourly rate for the work, not for the barrister. We welcome early discussion to ensure the correct fee is applied to the case at the outset.

REDRESS:

All our barristers are regulated by the Bar Standards Board (BSB) and hold a current practising certificate, details can be found at the following link Barristers’ Register

Complaints information

If you are not satisfied with the service provided, you can make a complaint to Chambers. Information on the chambers’ complaints procedure is available at the following link: http://www.clerksroom.com/content-html?cid=416

If you are not satisfied with the response you receive from my chambers, you can make a complaint to the Legal Ombudsman. You must contact the Legal Ombudsman either within 6 months following the conclusion of our handling your complaint, within 6 years from the date of the act/omission, or 3 years from the date that you should reasonably have known there were grounds for complaint (if the act/omission took place before the 6 October 2010 or was more than six years ago).

The Legal Ombudsman’s details are as follows:

Legal Ombudsman
PO Box 6806
Wolverhampton
WV1 9WJ
Tel: 0300 555 0333
Email: enquiries@legalombudsman.org.uk
Web: www.legalombudsman.org.uk

Privacy Notice

1.              This is a privacy notice that describes how, why and for how long I will process or keep your personal data in accordance with the General Data Protection Regulation (‘GDPR’).

2.              The GDPR governs how an individual’s personal data is used, and your rights in relation to that data.

3.              I, Gordon Tregaskis, have been instructed by you or your litigation friend (usually a parent), through your solicitor or agent, or via the Bar Pro Bono Unit.

4.              It is necessary for me to process your personal data in order for me to provide you with legal services, for example:

·   Advise on the prospects of litigation;

·   Advise on the value of your claim;

·   Representation at a court hearing;

·   Representation at trial;

·   Advise, review or comment on legal issues or evidence.

5.              Processing means anything done to data such as: recording, organising, adapting, altering, copying, consulting, transmitting, combining, erasing or storing it.

6.              The processing for the purposes listed above will take place in accordance with either Article 6(1)(a) GDPR or Article 6(1)(b) GDPR, depending on how you instructed me.

7.              If you have instructed me on a direct access basis, or engaged a solicitor (or legal agent), to assist you in bringing or defending a claim then the processing is necessary to perform a contract to which you are a party (Article 6(1)(b) GDPR). To give effect to that contract (i.e. to bring a claim) it is necessary for me to process your personal data for litigation purposes.

8.              If I am assisting you on a pro bono basis, it will be necessary for me to seek your consent to be able to represent you (Article 6(1)(a) GDPR). In this scenario, you will be sent a consent form.

Recipients of your data

9.              I may also be required to share your data with others, depending on the nature of your case. This may include:

(i)                  Courts and other tribunals to whom documents are presented;

(ii)                Your solicitors, or agent representing you, through whom I have been instructed;

(iii)               Potential witnesses, experts and other persons involved in the case;

(iv)               Solicitors, barristers, or other legal representatives;

(v)                Ombudsman and regulatory authorities;

(vi)               Education and examining bodies; and

(vii)             Current, past or prospective employers.

Special Categories of Data

10.          In some cases I will have been given your personal data that is within the ‘special categories’ of data described in GDPR Article 9(1). For example, personal data that reveals your race, ethnicity, sexual preferences, political or religious beliefs, trade union membership or health. There are also restrictions for processing information regarding criminal convictions.

11.          This type of personal data will only be processed where it is necessary in order to represent you in your legal claim, or advise on the prospects of a legal claim.

Retention

12.          I will retain your personal data for no longer than is necessary, and where it is possible, I will anonymise your data.

13.          How long your personal data is kept will depend on a number of factors. The retention period will be reviewed when the service I am providing you with is complete. However in general, I am obliged by the Bar Code of Conduct to retain records of my cases, and by HM Revenue and Customs to retain records for 6 years.

14.          Once your case has concluded and fees have been paid, I shall retain only the personal data necessary for the following purposes:

(i)                  The legal and professional obligation to retain information relating to my cases;

(ii)                To check for any potential conflict of interests that may arise in the future when I am instructed on other cases;

(iii)               For use in the defence of potential complaints, legal proceedings or fee disputes;

(iv)               To refer back to in future cases which raise similar legal, factual, or procedural issues.

15.          The processing for the purposes listed in paragraph 14 (ii), (iii), and (iv) above, will take place in accordance with Article 6(1)(f) GDPR. That is, for the purposes of legitimate interests that are not outweighed by your interests or fundamental rights and freedoms.

16.          The processing for the purposes listed in paragraph 14(i) above, will take place in accordance with Article 6(1)(c) GDPR. That is, the processing is necessary for me to comply with a legal obligation. 

Your Rights

17.          Where processing of your personal data was based on your consent (see paragraphs 6 and 8) you have the right to withdraw that consent at any time. This does not affect the lawfulness of the processing based on consent before its withdrawal.

18.          Withdrawal of your consent to process such data will most likely mean that I am no longer able to provide you with the legal services you seek.

19.          You may request confirmation that your personal data is being processed by me and details about the personal data, the source, the processing, the purposes of the processing, the recipients and the retention period.

20.          You may request a copy of your personal data that is being processed by me. You may also request rectification (i.e. correction) where there are inaccuracies in the personal data.

21.          You have the right to object, on grounds relating to your particular situation, at any time, to processing of your personal data in paragraph 14 of this privacy notice. Should you object, the processing will only continue where there are compelling legitimate grounds for the processing which override your fundamental rights, freedoms and interests. 

22.          Where the processing or retention of your data is necessary for the establishment, exercise or defence of legal claims, it will not be possible to object. 

23.          You have the right to request that your personal data is erased where any of the following apply:

(i)                  The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

(ii)                You withdraw your consent where the basis of processing was based on consent and where there is no other ground for the processing;

(iii)               Where your fundamental rights, freedoms and interests override the legitimate interests of processing in paragraph 14;

(iv)               The personal data has been unlawfully processed; or

(v)                The personal data have to be erased to comply with a legal obligation.

24.          You have the right to request that your personal data is restricted from processing, so that it is simply stored, for the following reasons: as an alternative to deletion; so that it can be corrected; for the establishment, exercise or defence of legal claims; to verify if a legitimate ground exists (paragraph 14).

25.          Where it is necessary to correct your personal data, or you have requested the restriction or erasure of your personal data, I shall endeavour to contact the recipients of the personal data, unless this involves disproportionate effort. 

Security

26.          I take appropriate physical and technical procedures to safeguard your personal data to prevent it from being accidentally lost, used or accessed in an unauthorised way. The I.T. systems used by Clerksroom are ISO27001 compliant.

Complaints or Queries

27.          If you have any questions regarding this privacy notice, or how I use your personal data please email me: Gordon.Tregaskis@clerksroom.com, or my clerks: mail@clerksroom telephone 01823 247 247.

28.          I shall aim to respond as soon as possible, and within 30 days.

29.          You have the right to complain to the Information Commissioner's Office (ICO) if you believe I have not handled your request in an appropriate manner. For information on contacting the ICO please go to: https://ico.org.uk/global/contact-us/

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