Eileen Carroll  - CEDR Chambers

Phone
0845 083 3000

Email Eileen

General Information

Overview

Eileen Carroll is a member of the CEDR Chambers Practice Group and is exclusively available via CEDR.

A highly experienced mediator and co-founder of CEDR Solve, Eileen's mediation practice has a strong commercial and international perspective.

"She enjoys tremendous respect in the marketplace. Numerous clients commented upon her energetic and direct approach. Others praised her ability to "home in on the practical aspects so that everyone is constantly aware of the commercial objective." - Chambers 2010. Listing Band 1

“Lauded by clients as proactive, tenacious and effective… not afraid to challenge parties … described as a key factor in unlocking negotiations. Clients are delighted and impressed by her professional approach”

“A very skilled, smooth mediator – assertive but not aggressive and only puts real pressure on people when absolutely necessary.”

One of the senior most mediators in the UK, in 2010 Eileen has mediated disputes involving Sovereign States and in both the public and private sectors. Her practice is very broad, reflecting her twenty two years of experience as a mediator and previous career in business and law.

"She adopts a crystal-clear approach and always has her eye on the result." - Chambers 2010

In 2010 she was again one of the most requested mediators on CEDR Solve's Direct Panel.

Highlights of 2010 include:

• Partnership - Mediating a large multiparty partnership failiure
• Infrastructure - Continued involvement as a lead mediator on long term project for new transit system
• Professional Negligence - Multiparty claims arising from failed property development involving 50 overseas investors
• Banking - Interbank disputes involving lock-up of collateral for credit default swaps
• Technology - Mobile and telecommunications sector breach of proprietorial technology and failiure of joint venture
• Employment - Dispute involving CEO exit from US Bank

As a director of CEDR she has also chaired various parts of highly complex multi-party disputes, some in the region of £1 billion, including organisations such as Atlantic Computers, Maxwell Policies, BCCI.

Eileen is also asked to coach and advise corporate clients who are entering into difficult negotiations and/or mediations. She holds a Coaching Qualification from Henley Management College.

Experience

By dispute type

Value of recent casework has ranged from £200k to £240 million.

• Bank claims from fraud & professional negligence
• Banking – Default loan agreements
• Banking Multi-Currency Facility FX
• Banking/Funding litigation under CFA’s
• Banking - Credit default swaps - several international banks
• Corporate Finance success fee claim
• Employment – Banking, senior executive whistle blowing & bonus claim
• Employment – Banking, senior trader bonus claim
• Employment – Data protection
• Employment – Discrimination claim
• Employment - Exit senior banker from US bank
• Employment – Harassment
• Employment - Sexual harassment. Court of Appeal
• Employment/Minority shareholder dispute
• Engineering/Infrastructure project
• Engineering/Warranty Claim in rail industry
• Engineering - Preliminaries entitlement, exemption from landfill tax, collateral warranties and subcontractors
• Environmental damage & contamination
• Financial Services including Regulators and Insurers
• Financial Services Rep & Professional Indemnity Insurers
• Fund Managers Share Purchase Asset claim
• Human Rights/Inheritance Rights (Sovereign State)
• Information technology and large retail projects
• Information technology Telecoms
• Insurance - CFA and funding insurance
• Insurance - Brokers negligence
• Insurance - Coverage disputes involving regulator and insolvency
• Insurance - Public liability and environmental damage
• Insurance - Professional negligence solicitors, accountants and surveyors
• Intellectual Property - Breach of copyright & wrongful trading
• Intellectual Property – Breach of patent
• International Distributorship - Sportswear and jewellery, both worldwide brands
• International Distribution/Supply Agreements
• Media Broadcaster exit package
• Mediation under Regulatory Sector – FSA/OFT
• Multi –party offshore trust claim
• Off shore Channel Island Trusts
• Offshore Trusts fee dispute
• Partnership major firm collapse - related issues
• Partneship - corporate financiers, accountants and Magic Circle
• Post acquisition breach of warranty
• Project finance and long-term contracts involving Health & Education sectors
• Property Development & E/O insurers – PL coverage
• Property Development – Joint Venture
• Property Collapse - Multiparty investors. Related insurance claim
• Public Sector, Education & PFI
• Rail industry claims under the RIDR scheme
• Renewal of overseas Embassy lease
• Technology telecommunication. US and French failed joint venture
• Telecommunications and media long-term contract dispute
• Telecommunications and infrastructure long term contract

By Sector

Eileen has successfully mediated a wide spectrum of disputes across a range of sectors, of which the following are some examples:

Commercial

• Claim for non payment of success fee
• Breach of warranty post acquisition
• Banking Multicurrency facility/FX
• International banking – high yield investment claims, fraud alleged
• Grand Prix sponsorship contract dispute
• Supply of goods and services contract claims.
• Property - disputes arising from commercial property transactions
• Finance - claims involving allegations of failure in relation to financial service contracts
• Insurance – domestic and international claims involving primary and reinsurance contracts, including allegations of fraud and material non-disclosure. Claims up to £50 million
• Engineering - contract disputes involving allegations of breach and failure of design
• Salvage - claims including allegations of fraud.
• IP - allegations of breach of copyright, trademark and patents, franchise agreements, allegations of breach of franchise and breach of European regulations
• Financial leasing claim – Court of Appeal
• Termination of long term contracts/OFT
• Corporate shareholder dispute
• Court of Appeal financial leasing claim
• Cross Border– post acquisition dispute governed by Italian Law – involving parties from chemical industry
• Energy sector – contract dispute
• Multiple contracts claim for alleged breach of warranty
• Renegotiation on sports rights and services contract
• Engineering post acquisition dispute

Employment / disciplinary

• Dismissal data protection city institution
• Senior broadcaster wrongful termination
• Senior employee alleged discrimination city firm
• Senior executive international whistle blowing and bonus claims
• Senior trader non payment of six figure bonus
• Whistle blowing/constructive dismissal in banking sector
• Senior CEO exit package from financial services sector
• Disciplinary proceedings– allegations of breach of human rights legislation
• Senior employee claim against government department
• Claim by US company against European company for alleged corporate raiding. £8m
• Enquiry into allegation of misconduct by professional in petroleum industry
• Corporate investigation over alleged breach of City regulations
• FSA disciplinary hearing involving major plc
• Construction dismissal/minority shareholder action
• Employment claim under TUPE Regulations of benefit package including permanent health insurance due to pre existing condition
• Employment/Minority Shareholder dispute
• Sex discrimination and pregnancy - Court of Appeal
• Senior banker exit from US bank

Engineering

• Preliminaries entitlement
• Exemption from landfill tax
• Collateral warranties and subcontractors
• Capital City infrastructure project
• Cross Border failure of Power Plant warranty and insurance claims
• Engineering/Warranty Claim in Rail industry
• Engineering post acquisition dispute

Environmental

• Wind-farm contract, commercial claims
• Dispute over rights and obligation over disposal of chemical waste
• Claim against multi-national for alleged land contamination
• Environmental property damage – international oil company
• Oil spillage and insurance coverage
• Local authority burst water pipes

Insurance / Reinsurance

• Property damage and business interruption
• Fraudulent nondisclosure
• Retrocessional treaties and property and casualty RI
• Fraud and material nondisclosure PN coverage
• Coverage claims
• Fraudulent reinsurance
• Insurance and Engineering warranties
• Offshore financial regulator & professional indemnity insurance
• Public liability insurance
• Professional negligence coverage
• Environmental damage oil spillage
• 44 party property claims and related professional negligence

International

• Exit of CEO from US bank
• Credit default swaps- several international banks
• Property collapse - overseas investors
• International distributorship - sportswear and jewellery, both worldwide brands
• Public liability insurance
• Banking – high yield investment fraud claims
• Claim for Credit Trade Insurance claim involving international parties
• Distribution/supply agreements (US Law)
• Financial services – consultancy contract over £2million
• IT services claim £5m
• Post acquisition chemical industry (Italian Law)
• Telecommunications US/French IT venture
• Telecommunication German/French

IP / IT

• Renegotiation of communications and broadcaster long-term contract
• Technology and telecommunications - US and Frence failed joint venture
• International distributorship - Sportswear and jewellery, both worldwide brands
• Major multi-national claim for non performance and wrongful termination
• Telecommunications innovation under existing services with public sector
• Health sector satellite technology contract
• IT - claims involving allegations of failure to deliver and implement IT systems, £10m
• Renegotiation of long terms international retail contract
• International dispute involving major software supplier
• New technology rights
• Authorship
• Software quality
• Breach of patent & royalty claims
• Breach of international software/licence claims, royalties
• Cross Border claim allegation of breach trade secrets and breach copyright involving international parties under Californian law
• Renegotiation on major IT contract in retail sector

Media / Sports

• Grand Prix sponsorship
• Football and sports subscription rights
• Film rights
• Privacy and confidentiality rights

Finance / Banking

• Credit default swaps - several international banks
• Mezzanine Finance and Guarantees
• Corporate finance success fee
• Banking interpretation of bonus arrangement six figures
• Banking non payment of bonus & whistle blowing
• PFI Health Sector
• PFI Education Sector
• Banking Multicurrency facility/FX
• International banking – high yield investment claims, fraud alleged
• Finance - claims involving allegations of failure in relation to financial service contracts
• Insurance – domestic and international claims involving primary and reinsurance contracts, including allegations of fraud and material non-disclosure. Claims up to £50 million
• Financial leasing claim – Court of Appeal
• FSA disciplinary hearing involving major plc
• High yield investment fraud claims

Partnership / Shareholder

• Partnership major firm collapse - related issues
• Partnership - Corporate financiers, accountants and Magic Circle
• Partner exit Magic Circle firm
• Partnership claim for expulsion
• Corporate shareholder dispute
• Partnership dissolution involving allegations of professional negligence
• Partnership dissolution accounting /tax claims against former partner and new entities
• Partnership dissolution & related issues
• Commercial Partnership minority shareholder dispute involving accounting & taxation issues
• Construction dismissal / minority shareholder action
• Family business breakdown

Private client

• Probate – family disputes over division of assets
• Neighbourhood feud – fallout in up-market area over local amenities and business
• Mortgages – individuals facing financial disaster in dispute with lending organisations
• Life policy – emotionally charged claim involving young family
• Medical negligence – disabled child’s long-running claim with NHS Trust
• Inheritance rights claim under Human Rights Act
• Family business breakdown and division of assets

Professional negligence

• Bank claim against international valuers
• Regulator professional indemnity coverage dispute
• Claim involving design failure of sports facilities
• Claim for alleged professional negligence in corporate acquisition involving offshore trusts. £2 million
• Claim for non-disclosure under corporate acquisition and third party claims
• Claim against architects for alleged failure of design in major infrastructure projects
• Claim for alleged loss of chance involving maritime claims. £20 million
• Professional negligence – design of sports stadium

Property

• Property Collapse. Multi-party investors - related insurance claim
• Bank claim against developers under Joint Venture
• Renewal of Lease for Sovereign State in Eastern Europe
• Property Development – over alleged breaches of 6 joint venture vehicles
• Property claim involving chain of hotels and transferred ownership - Long-term lease and loan note financing
• Property/High net worth Tenants claim against Multi national developer owner
• Professional negligence against solicitors advising on finance and property development
• Property Development/Joint Venture dispute
• Environmental Property dispute
• Right of Way dispute involving high net worth individuals

Public sector

• Health sector satellite communications
• PFI Health Sector
• Claim by charity against local authority for alleged breach of contract. £200,000
• Claim by international company against government department. Claim £3 million
• Senior employee allegation of wrongful termination against government department
• PFI Education Sector

Transport

• Infrastructure project for Capital City
• Claims under charter party for alleged delay and loss of cargo
• Claim for alleged breach of railway leasing contracts. £2 million
• Claim for alleged loss of choice involving maritime claim. £20 million
• Claim for breach of Warranty – Rail Industry £4 million

Eileen also mediates under the following schemes – Court of Appeal, FSA, OFT, Railway Industry Disputes Panel and various local court schemes and is also a member of CPR institute panel of Distinguished Neutrals in New York.

Style/Feedback

“She does not have one style, she is very adaptable and shifts attitude and tactics quickly – she has a real ability to focus on the result. She has the absolute right balance of tough and soft.” [Sport Sector]

Feedback shows that one of Eileen’s most notable strengths is her ability to relate to a wide range of individuals and to build almost instant personal rapport with the parties and gain their trust. Her approach is both facilitative and evaluative. She believes you have to gain co-operation and trust, but a mediator should not shrink from helping the parties re-evaluate their options and strenuous reality testing may be a necessary part of the process.

She is very numerate and will crunch through the numbers and make sense of otherwise complex materials. She is highly intuitive and sensitive and never loses sight of the parties’ own responsibility to decide whether to settle.

She is respected for her confidence and strength and has impressed parties with her “judicious use of toughness” to help bridge that last gap while maintaining their trust. Clients also appreciate the time she has taken to read into complex material and use the knowledge to shape a meaningful process.

Feedback

"Compliments don't come easily from my client so for him to say he was 'highly impressed' and ask me to 'convey his appreciation to her for a terrific job' is amazing" [Corporate/Entrepreneur]

"She worked incredibly hard as a mediator, harder than anyone I have experienced." [Partnership Collapse]

“Your style was very energising and a positive experience” [International IT Contract]

“Strong grasp of issues, lots of energy… would certainly use her again.” [Offshore share asset purchase]

“Delighted.” [Fund management SPA]

“She did a really good job.” [IP wrongful trading dispute]

“She was thoroughly prepared and had clearly read the papers.” [Professional Negligence]

“Very impressed… grasped all the issues… whole client team were very impressed.” [Telecommunications and public sector]

“We were very impressed with the amount of reading Eileen had done, as she had taken the trouble to read a very complex contract and provisions which, it emerged, were at the core of the dispute.” [PFI Contract]

“Eileen was very good given claimants were emotionally attached to issues” [Family Business]

“An excellent, no nonsense approach, bringing out at an early stage the main issues for resolution” [Rail Industry]

“An excellent facilitator. She made sure that the mediation kept moving at a fast pace” [Renewal of Embassy Lease]

“Eileen managed to get some fairly difficult people to agree” [IT/Retailers]

“She’s brilliant and she never ceases to amaze me… I was impressed by how fully she grasped the case and the apparent ease with which she brought the parties together” [International Sports Sponsorship]

“Brilliant … the best mediator they [the client] have seen by far” [Partnership]

“[Her] understanding of both the case and the parties’ psychology, was a key factor in un-locking the negotiations” [Post Acquisition Dispute – International]

“Very proactive and looked to move us around obstacles. Sensitive to the very unique situation of parties”[Regulator/Insurers]

“Eileen’s pre-mediation contact was the best I have seen … it enabled her to gauge expectations and formulate her strategy for the mediation” [Partnership]

“She met all our expectations … deals with the parties in a challenging and pro-active way … really impressed with Eileen’s follow-up work” [Corporate]

“Took commercial approach rather than getting sidetracked in detail” [Offshore Trusts]

“I would say that she is the best we’ve ever had” [International Banking]

“A conciliatory approach, professional, properly prepared, knew the applicable law and how to handle the parties” [Minorities Shareholders]

“I will definitely use her again, she is a very skilled mediator. I was pleased with how quickly she grasped the key issues and her patience” [Engineering]

“Very professional and efficient mediation given short notice … she had excellent grasp of salient details, following these through to a successful outcome” [Offshore Trusts]

Professional skills

Professional Skills & Background

Eileen started her career in the international business chemical industry and then moved to Law in early 1980s. She qualified in 1981 and was a partner in Turner Kenneth Brown (now Nabarro Nathanson), joined the Management Committee in 1990 and became International Strategy partner in 1993.

In over 20 years of practice Eileen worked with multinational corporations and a number of celebrity clients based in Europe, the Far East, India and the United States. She spent 10 years working with North American clients and worked in San Francisco with Thelen Reid Priest in 1988 (and 1994) returning to the UK to spearhead the creation of CEDR.
In 1996 she joined the organisation full time as Deputy Chief Executive. Eileen has also founded the Follett Group of leading international women mediators. She is a member of various panels including the CPR mediator panel in New York and was also recently appointed as the Vice-Chair of the International Mediation Institute Independent Standards Commission in the Hague.

Publications

• Co-author of "International Mediation - The Art of Business Diplomacy", (Tottel, 2006)
• Contributor to Butterworth's "Mediators on Mediation" (Tottel, 2005)ÿ

Public Platforms

• Invited to speak at many international events, including Fordham University, Harvard Business School, OECD, World Bank and has made guest appearances on various Radio 4 programmes
• Author of many articles on ADR and has spoken on numerous platforms in Europe and North America

Other

• Member of the Advisory panel of the Conflict Analysis Research Centre (CARC) at the University of Kent
• Member of the Council of Distinguished Advisors of the Straus Institute for Dispute Resolution at Pepperdine University, California
• Chair of Mary Parker Follett Group of International Female Mediators
• Governor of Surbiton High School, London

The graph below is obtained from client feedback. Hover over the bars to get more information

History

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Certified Mediator

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