Are you going through a commercial dispute and looking for a way forward?

Solicitors Specialising in Arbitration

Arbitration a method of alternative dispute resolution where you choose a qualified arbitrator to make a decision on your dispute. It’s becoming more and more popular, previously the reserve of huge commercial disputes, but it’s one that enables parties to deal with their issues on their own terms. It’s an ideal way forward when a commercial dispute has become unsolvable and a decision needs to be made quickly and decisively. However, you need to be aware of all the legal complexities and implications before you engage in the arbitration process. It’s therefore advisable to seek specialist legal advice and representation.

BTMK have a team of arbitration solicitors in Essex, and we have offices across the region and London. Our clients turn to us for arbitration advice because they trust our skill, experience, and reputation to achieve the best possible outcome and because our litigation and dispute resolution solicitors personally handle their cases.

Whether your business needs specialist advice on a relatively straightforward case or an in-depth analysis of the merits of a complex high-value claim, please contact our Litigation and Dispute Resolution team today by calling 03300 585 222 or by sending an email to info@btmk.co.uk.

Why Instruct Our Arbitration Solicitors?

If you’ve received a “Notice to Arbitrate” or a “Request for Arbitration,” you need to act quickly. If you think you need to begin a contract-based arbitration, similarly you need to act quickly. Time can be of the essence. At BTMK, we cover every aspect of arbitration, including:

  • Enforcement of an agreement to arbitrate (and to stop Court proceedings brought in breach of any obligation to arbitrate).
  • Advice on the appropriate tribunal for the arbitration procedure.
  • Advising you throughout; dealing with disclosure and evidence.
  • To prepare for and represent you, with Counsel where appropriate.
  • To challenge or appeal awards pursuant to the arbitration process.
  • Advise you on enforcement of the arbitration award. We specialise in the enforcement of awards overseas and in multiple-jurisdictions, working closely where necessary with lawyers in those jurisdictions.

FAQs

What is an ‘entire agreement’ clause?

An entire agreement clause (otherwise known as a whole agreement clause) often forms part of the “boilerplate” provisions in a commercial contract. Its main purpose is to ensure that any terms and conditions governing 2 parties are set out in a single contractual document.

When should I get advice from a litigation and dispute resolution solicitor?

If you’re involved in a legal dispute, we always recommend seeking our advice as soon as you possibly can. Once we’ve taken the time to understand your situation and find out all the facts, we’ll be able to assess whether you have a strong case or not. If we do think you have a good prospect of success, we’ll help you advance your claim and remain by your side throughout the entire process.

What's the difference between arbitration and mediation?

Arbitration and mediation are similar in that they’re both alternatives to conventional litigation and can sometimes be used in conjunction with litigation. They employ a non-biased third party to oversee the process. Arbitrators take on a role like that of a judge, make decisions regarding evidence and give written opinions. Mediators, on the other hand, simply help to facilitate discussion with the aim of resolving a dispute.

How long does the arbitration process take?

This ultimately depends on the complexity of issues and the stances adopted by those in dispute. It could take as little as a few hours, but a full day is quite common, and in some cases, it may take longer. Generally, the longer parties have to settle a dispute, the longer they’ll take. Arbitration processes often involve experts if the subject matter of the dispute is very complicated.

I have an oral agreement, is this considered a binding contract?

If no written contract has been made then technically yes. The court can consider parties actions prior to an oral agreement as evidence of a binding contract’s terms. However, we recommend that any contracts including oral agreements are written up as agreed terms.

Who pays an arbitrator's fees?

Each party will pay their own costs in a normal course of events, and any joint costs will be met between them. The same is true when it comes to paying an arbitrator. However, if either party try to make things difficult during the process, the arbitrator could make a costs award against them. This would include cases where a party has been obstructive with producing important documents. Often contracts will provide for how the costs of the process are to be met and if the arbitration is proceeding subject to a particular arbitration body’s rules, it can have its own costs rules, so it’s important to get advice early and from a specialist team.

Adam Fleming

Litigation & Dispute Resolution

Fiona McAnaw

Litigation & Dispute Resolution

Louise Mickleburgh

Litigation & Dispute Resolution

Gabriella Shepherd

Litigation & Dispute Resolution

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