Domestic & International Arbitration
Mercantile Barristers work involves domestic and international arbitrations in our fields of specialisation. Our barristers are members of the Chartered Institute of Arbitrators and members of the London Court of International Arbitrations.
Arbitration, rather than immediate and direct court proceedings, is a recognised and preferred method of resolving disputes within the sport, construction, engineering and allied industries as well as in general commercial transactions.
We have decades of experience in resolving complex disputes in both domestic and international arbitrations concerning matters in:
- Construction & Engineering and
- Commercial Transactions
In Sport, it is well recognised that because of the notion of the “specificity” of the relevant sporting activity, much of the dispute resolution process is by way of arbitration on the specific rules stipulated by the sports administration and regulatory authority. This could be, for example, the Football Association, the British Parachute Association or the International Olympic Commission.
In Construction & Engineering, resolving disputes in arbitration is an integral part of the standard forms of building and engineering contracts, such as the Joint Contract Tribunal (“JCT”) and the Institution of Civil Engineers (“ICE”) suite of contracts within the UK. Internationally this would be the International Federation of Consulting Engineers, more popularly known by its French acronym (“FIDIC”), standard forms of contract.
The highly technical nature of these forms of contracts renders dispute resolution in a specialised arbitration more effective and efficient.
In Commercial and business matters, arbitration has equally long since been recognised as an efficient, cost-effective and certain means of resolving disputes without the increased expense and anxieties of litigation. Multinational companies trading in different jurisdictions value the particular benefits of resolving their commercial disputes in Arbitration, particularly when operating in certain international jurisdictions where the court systems are inefficient or unpredictable in delivering certainty of outcomes.
Specialists in Arbitration
At Mercantile Barristers our members have technical and practical experience that has enabled us to develop a considerable arbitration practice which covers the full spectrum from advice at the initial stages of contract formation on arbitration rules, drafting the arbitration agreement, or an impending dispute, in appointing the tribunal through to conducting the proceedings and enforcing or resisting the arbitral award in subsequent court proceedings.
Parties engaged in an arbitration or who are about to embark on an arbitration, require early specialist professional advice to secure compliance with institutional rules as well as statutory strictures where necessary and generally to secure a successful award that is free from defect.
Whether the arbitration is to be conducted on a ‘document only’ basis or involves a full hearing with witnesses, Mercantile Barristers are skilled at putting the client’s case to maximum effect either through skilled drafting of papers or through representation and forceful advocacy.
Where a client’s circumstances and business relationship so dictate, Mercantile Barristers members can adopt appropriate Alternative Dispute Resolution methods such as mediation, conciliation and impartial expert determination.
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