How I can help

 

I practice as both a Barrister and CMC Registered Mediator and specialise in Trust & Estate Disputes, Cultural Property and International Humanitarian Law.

1 EC Barristers, 3 Kings Bench Walk North, Inner Temple, London EC4Y 7HR (www.1ec.co.uk).

(Barrister Details – Mr Carl Amir-Ul Islam (barstandardsboard.org.uk)

Mediator Search — Civil Mediation

Biography:

B.Soc.Sc (Keele) (Law & Political Science) (Joint-Honours), LLM (Exon)(International Business Legal Studies), Diploma in Art Law (Institute of Art & Law) (London), Barrister (Lincoln’s Inn), TEP, SCMA Accredited Mediation Advocate, MSoM, CMC Registered Mediator. Member of the Southeastern Circuit, Chancery Bar Association, Revenue Bar Association, STEP (full member), and the Art Lawyers Association (Associate Member). Author of ‘Tax-Efficient Wills Simplified’ (Amazon Kindle): Tax-efficient Wills Simplified 2014/15: Amazon.co.uk: Carl Islam: 9781852527396: Books, the ‘Contentious Probate Handbook’ (published by the Law Society on 1 October 2016): Wildy & Sons Ltd — The World’s Legal Bookshop Search Results for isbn: ‘9781784460600’, and the Contentious Trusts Handbook’:  Wildy & Sons Ltd — The World’s Legal Bookshop Search Results for isbn: ‘9781784461249’. I am also a member of the Honourable Society of the Middle Temple (Ad Eundem), and dual qualified as a Solicitor of the Supreme Court (remaining on the Roll). On 14.12.2023 I was appointed as an Advisory Board Member to the Standing Conference of Mediation Advocates in London (https://scmastandards.com/).

Prior to entering private practice, I worked in-house for Rolls-Royce and Alstom (in Paris), tax structuring, drafting, and negotiating deals in multiple jurisdictions around the world (principally in the Far East, including China, Japan, South Korea, Malaysia, and India). As a Mediation Advocate, I approach doing a deal in settlement of a commercial dispute with the benefit of that commercial experience and can apply a degree of ‘nous’. As a Mediator, I can also use my ‘commercial’ antennae to help parties re-frame their dispute as an opportunity.

My short article ‘Commercial Mediation of Music Disputes’ was published in the Law Society Gazette on 1st December 2023: Commercial mediation of music disputes | Law Gazette.

My article ‘Downton revisited – Mediating estate disputes involving art and heritage property’ was published in Taxation (Tolley) on 14 December 2023: Mediating estate disputes involving art and heritage property | Taxation

I have been commissioned by the Law Society of England & Wales, to write a second edition of the Contentious Probate Handbook in 2024. Dr Hugh Series who is a NHS Consultant in old age psychiatry and a member of the Faculty of Law at the University of Oxford, is contributing a standalone Practice Note for inclusion in the book as an Appendix about ‘Mental disorders.’

I have also been commissioned by Trusts & Trustees (Oxford University Press) to contribute an in-depth article after I have completed the book entitled, ‘Deaccessioning & Repatriation – Duties & Powers of Museum Trustees.’

In September 2024 I will also be presenting a one hour online seminar for the SCMA worldwide about ‘Mediation Advocacy in Trust & Estate Disputes.’

As a Mediator, I have a research and writing interest in relation to International Humanitarian Law, see my essay on the International Humanitarian Law page of this website – Cultural Heritage Diplomacy & IHL – Are Principles of Humanity under International Humanitarian Law a diplomatic tool in mediating a peace process and agreement?’ and the International Humanitarian Law & Mediation page at www.diplomaticlawguide.com.

In 2025, I plan to research and write an article entitled, ‘Ethical Principles Underlying Peremptory Norms of International Humanitarian Law.’ See further the International Humanitarian Law page of this website.

In international relations theory, it is a cannon of realist doctrine that a policy which is strategically and morally bankrupt will neither serve and advance your interests nor has any ethical raison d’être.

Because it does not align with core principles underlying the policy-maker’s interests and may prove to be antithetical, it is not rational and is a geopolitical mistake.

Applying this principle to the design of a political structure [‘PS’], the likely consequence is that PS will not survive.

That is because in balance of power politics, PS may threaten the interests of key stakeholders [‘KS’] including:

(a) demographic groups with the territory of PS;
(b) neighbouring states; and
(c) regional hegemons/aspiring hegemons and their proxies.

If PS has no legitimacy at birth, then inevitably this will take all key stakeholders back to square one, i.e. it will result in a resumption of armed conflict. So, as a political solution, at every level, PS will prove to be a failure.

However, if the geopolitical architects of PS can balance ‘realism’ with ‘practical ethics’, then arguably PS can achieve legitimacy by applying for membership of the United Nations, i.e. as a state recognized by each KS UN member state [‘UNKSMS’].

If each KS acknowledges and supports this political endgame, then a balance can be agreed through a mediated process, and a mediator tool is the previously uncharted body of ethical principles underlying peremptory norms of international humanitarian law, upon which each UNKSMS can agree.

If the endgame is achieved, then PS can integrate with each UNKSMS in order ensure and maintain stability in the region for the mutual benefit of each UNKSMS. This may take the form of interdependence through collaboration e.g. in education, trade, infrastructure development, investment, and mutual security – including environmental protection.

Writing in ‘Foreign Affairs’ 20.02.2024, in an article – ‘The strange resurrection of the two state solution – how an unimaginable war could bring about the only imaginable peace’, Martin Indyk wrote:

‘Wars often don’t end until both sides have exhausted themselves and become convinced that they are better off coexisting with their enemies than pursuing a futile effort to destroy them. … Over time, majorities in both societies may recognize that the only way to secure the future for their children is to separate out of respect rather than engage out of hatred.’

The design and evolution of a two-state solution is not a unilateral process. At some point, when each KS is ready to talk, it will require a process of geopolitical mediation in order for each KS to arrive at the realisation that ‘the only way to secure the future for their children is to separate out of respect rather than engage out of hatred.’

That is the break-through moment.

The title of my next book, which I will start to research and write in 2025 is, ‘Conflict & Mediation.’