ARBITRATION LONDON BARRISTERS

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, commercial transactions and sport.

ARBITRATION LONDON BARRISTERS

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, commercial transactions and sport.

What is arbitration and how does it work?

Arbitration is a form of dispute resolution. It involves parties referring their dispute to a neutral party (usually a tribunal) to decide on a legally binding resolution to the dispute. In order to bring a matter to arbitration, the parties must both enter into an arbitration agreement. This agreement allows the dispute to be referred to arbitration.

Parties can enter into an arbitration agreement after a dispute has arisen, however most commercial contracts will specify whether a dispute ought to or not be arbitration. An arbitration tribunal must be constituted with the number of arbitrators set out in the arbitration agreement. The purview of the tribunal must be decided as well as the timetable.

Arbitrations usually involve a single hearing, where each lawyer puts forth their own arguments, evidence, experts and witnesses and challenges those of the other party.

Can arbitration be overturned?

Challenging an arbitration award depends primarily on the arbitration agreement and the rules, if any, of the particular arbitration institution. Arbitration awards have been challenged on the basis of the tribunal acting improperly.

How does an arbitrator make a decision?

Arbitrators come to findings of fact based on the hearing and subsequently make an ‘award’ detailing a party’s rights and obligations.

What is arbitration and how does it work?

Arbitration is a form of dispute resolution. It involves parties referring their dispute to a neutral party (usually a tribunal) to decide on a legally binding resolution to the dispute. In order to bring a matter to arbitration, the parties must both enter into an arbitration agreement. This agreement allows the dispute to be referred to arbitration.

Parties can enter into an arbitration agreement after a dispute has arisen, however most commercial contracts will specify whether a dispute ought to or not be arbitration. An arbitration tribunal must be constituted with the number of arbitrators set out in the arbitration agreement. The purview of the tribunal must be decided as well as the timetable.

Arbitrations usually involve a single hearing, where each lawyer puts forth their own arguments, evidence, experts and witnesses and challenges those of the other party.

Can arbitration be overturned?

Challenging an arbitration award depends primarily on the arbitration agreement and the rules, if any, of the particular arbitration institution. Arbitration awards have been challenged on the basis of the tribunal acting improperly.

How does an arbitrator make a decision?

Arbitrators come to findings of fact based on the hearing and subsequently make an ‘award’ detailing a party’s rights and obligations.

COMMERCIAL TRANSACTIONS

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.

CONSTRUCTION

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.

SPORT

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.

COMMERCIAL TRANSACTIONS

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.

CONSTRUCTION

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.

SPORT

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.

SPECIALISTS IN ARBITRATION

At Mercantile Barristers our members have technical and practical experience that has enabled us to develop a considerable arbitration practice. This covers the full spectrum of services, from advice at the initial stages of contract formation on arbitration rules; drafting arbitration agreements; representation of clients pre action; right 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.

SPECIALISTS IN ARBITRATION

At Mercantile Barristers our members have technical and practical experience that has enabled us to develop a considerable arbitration practice. This covers the full spectrum of services, from advice at the initial stages of contract formation on arbitration rules; drafting arbitration agreements; representation of clients pre action; right 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.

VALUE ADDING APPROACH

Our approach to legal practice is always to articulate creative and value-adding solutions for clients whilst delivering timely, efficient and affordable professional services. All clients conduct their affairs within a legal context and Mercantile Barristers’ role is to advise on the conduct of their transactions and affairs in ways that avoid conflict and disputes.

 

However, should a dispute become inevitable, then our prior engagement would have assured that all the necessary precautions have been taken and mitigating steps adopted. Thus, clients will begin any dispute resolution in a strong position to achieve their desired objectives.

 

Whether by adjudication, arbitration, litigation, members at Mercantile Barristers will adopt a firm, swift and decisive approach to achieve the best possible results for clients within the shortest possible time. We recognise that no two cases are the same, so we will adapt our style to suit the occasion.

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    We do not undertake legal aid work, free consultations nor work on a no win, no fee basis.

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    MAKE AN ENQUIRY

      We do not undertake legal aid work, free consultations nor work on a no win, no fee basis.

      Please prove you are human by selecting the Key.

      VALUE ADDING APPROACH

      Our approach to legal practice is always to articulate creative and value-adding solutions for clients whilst delivering timely, efficient and affordable professional services. All clients conduct their affairs within a legal context and Mercantile Barristers’ role is to advise on the conduct of their transactions and affairs in ways that avoid conflict and disputes.

       

      However, should a dispute become inevitable, then our prior engagement would have assured that all the necessary precautions have been taken and mitigating steps adopted. Thus, clients will begin any dispute resolution in a strong position to achieve their desired objectives.

       

      Whether by adjudication, arbitration, litigation, members at Mercantile Barristers will adopt a firm, swift and decisive approach to achieve the best possible results for clients within the shortest possible time. We recognise that no two cases are the same, so we will adapt our style to suit the occasion.

      To find out more about how Chambers’ working practices have evolved to cope with Covid-19, please click here.

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