Arbitration

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We have experience of high value and complex disputes across a wide range of sectors and arbitration frameworks, including LCIA, ICC, UNCITRAL, HKIAC as well as ad hoc proceedings.

Whilst we are based in London and act for corporates and individuals, our clients and the work we advise on are predominantly international (ordinarily because the arbitration is seated in the UK or the underlying issues otherwise have an English law element).

For many clients, arbitration will be the preferred dispute resolution mechanism.  The most common motivation being that the proceedings are confidential (hearings are private and the entire case – even its existence – is usually confidential).  In fact, we envisage arbitration becoming an increasingly popular choice for dispute resolution given the recent drive by the Commercial Court to increase transparency resulting in a significant expansion of public access to court documents.

In addition to managing the arbitral process from start to finish (including enforcement), we often advise on:

• Enforceability of pre-arbitration requirements such as mediation/negotiations
• Jurisdictional issues arising out of an arbitration clause
• Validity of arbitration clauses
• Whether or not an arbitration award can be appealed
• Challenging an arbitrator for lack of authority or bias
• Expedition of the arbitral process
• Carving out particular issues for judicial determination

On the non-contentious side, we also regularly advise on the drafting of arbitration clauses.