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Arbitration

As an alternative to High Court litigation, arbitration clauses are often included in commercial agreements, recording the parties' agreement to resolve disputes via arbitration. We liaise with our corporate and commercial colleagues at the drafting stage of these clauses, as well as implementing them, to ensure each clause meets the individual needs of our clients.

Our lawyers are experienced in arbitrations governed by the rules of the London Court of International Arbitration and the International Chamber of Commerce in addition to those governed by the Arbitration Act 1996.

As in High Court litigation, we ensure a costs budget is prepared at the outset of the arbitration to enable our clients to plan ahead and to assess, at every stage, the cost/benefit position. This is increasingly critical as in our experience arbitrators are very open to making orders that recoverable costs be capped at a particular level.

Our experience

Recent cases have involved:

  • Acting for a leading support services company which provides infrastructure maintenance services to the UK's utility industries and local authorities. A supply issue with a sub-contractor threatened the client's relationship with its major customer. The sub-contractor was persuaded to settle following robust cross-examination of their witnesses prior to the arbitrator's decision.
  • Acting for a European distributor of industrial air-conditioning units in an arbitration against a manufacturer, a Japanese based multi-national. The arbitration raised complex arguments of incorporation of industry terms and contractual issues relating to set off and counterclaims. We succeeded in obtaining a favourable award from the arbitrator regarding the extent of a no set- off agreement and the dispute was subsequently settled via negotiation.
  • Acting successfully for a Northwest passenger transport executive in a substantial arbitration relating to the interpretation and effects of a private Act of Parliament, in connection with a compulsory purchase order. The arbitration involved complex questions of statutory interpretation, planning law and contract.
  • Acting for the remaining two members of an accountancy LLP against a departed member in an arbitration involving issues of alleged invalid expulsion, breach of fiduciary duty, misrepresentation and negligence.

To speak with a member of our team specialising in arbitration, please call 0844 980 1437 or send an email.