Arbitration

What this covers

We act in domestic and international commercial arbitration under the Arbitration Act 2001: drafting and advising on arbitration clauses, appointment of arbitrators, conducting the reference, and the court applications that go with arbitration, including interim measures, challenges to awards and enforcement.

Before the dispute: the clause

Most arbitration problems are created in the contract. A clause that does not state the seat, the number of arbitrators, the language and the appointing mechanism produces a fight about procedure before anyone reaches the merits. We draft clauses that work, and review the ones you are asked to sign.

Conducting the arbitration

We run the reference: pleadings, documents, evidence and hearing. Arbitration is often faster and more private than court, but it is not automatically cheaper, and we are straight with clients about that.

The role of the court

Courts support arbitration rather than replace it: interim measures to preserve assets or evidence, assistance with appointment, and enforcement of the award. An award can also be challenged, but only on the limited grounds the Act allows, not because a party dislikes the result.

What helps

• The contract and its arbitration clause
• Correspondence about the dispute and any notice of arbitration
• The documents supporting the claim or defence
• Details of assets, if interim protection may be needed

Where it is heard, and how long it takes

The arbitration is conducted before the tribunal the clause provides for, with supporting applications to the court under the Arbitration Act 2001. A straightforward domestic arbitration can conclude in months; complex or international references take longer. Enforcement of the award is a separate step.