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.
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.
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.
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.
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.
The first step to instructing a barrister on your behalf is to provide us with some background information to your case. Our clerks are massively experienced and can help point you in the right direction.