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Arbitration services

Madison Legal > Arbitration services

Arbitration services

 

Our team of arbitration barristers and solicitors is ideally placed to assist with both international and domestic arbitrations. Our arbitration Partners have acted for clients from all over the world under various institutional rules including the London Court of International Arbitration (LCIA), the International Court of Arbitration (ICC) and the International Centre for Settlement of Investment Disputes (ICSID), as well as ad hoc proceedings.

 

We understand the intricacies of the different institutions and can guide you through their various rules and procedures. At Madison Legal we can assist and act in relation to any dispute from the outset of the arbitral proceedings, including the selection of the tribunal and all preliminary and jurisdictional arguments through to any interim and final hearings.

Madison Legal is a Partner led boutique firm with its own in-house Counsel of highly experienced barristers. Each Partner of Madison Legal has at least 10 years’ experience of dealing with complex and high value domestic and international arbitrations.

 

What is arbitration and how does it work?

Arbitration, a form of alternative dispute resolution (ADR), is a way to resolve disputes outside litigation through the domestic Courts. The dispute will be determined by one or more arbitrators and is normally enforceable in the Courts. It can be a more flexible, private, and cost-effective alternative than litigation.

 

Usually when negotiating a contract, the parties will agree to determine any disputes in relation to the contract by referring the matter to an arbitration institute. The contract may determine which institute to refer to, for example, ICC or LCIA, and may set out the number of arbitrators on the panel (usually between one and three). It may also set out the seat of the arbitration as well as the governing law.

 

The proceedings are usually held in private, and the decision of the arbitral panel (the Award) is also usually confidential to the parties. Further, the Award is relatively simple to be recognised and enforced in various jurisdictions pursuant to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, also known as or the “New York Convention”. This makes it an attractive alternative method of dispute resolution for companies entering into contracts with third parties who are based out of their jurisdiction.

 

The arbitration solicitors at Madison Legal can advise and act on a full range of arbitration disputes from small-scale domestic arbitrations through to more complex, cross border disputes and breaches of Bilateral Investment Treaties.

Conduct of the arbitration

 

The arbitration services will then proceed in accordance with the procedure that has been adopted. It is likely to include each party producing written submissions. Typically, these will be supported by written witness statements and reports of technical experts, where appropriate.

 

It often includes the parties providing documents to the other parties and the tribunal. These will include documents they rely upon and documents the other parties have requested them to produce. This is often a point of contention between the parties. It is important to take legal advice early on the probable extent of your obligations to ensure that you can (a) comply with them and (b) manage the arbitration process as efficiently as possible.

 

The arbitration hearing

 

Arbitration services usually involve one or more hearings before the tribunal, where the parties’ lawyers put forward arguments and question the other party’s witnesses and experts. Hearings can last from half a day to many weeks or even months depending on the issues at stake.

 

The Award

 

After the hearing, the tribunal will produce its award. This will set out the decisions it has reached on the issues between the parties. Unless the award is challenged, it determines the rights and obligations of the parties.

Mediation vs Arbitration

 

Mediation and arbitration are alternatives to litigation. Mediation is “without prejudice” commercial negotiation to settle a dispute. Arbitration is a private court hearing where parties agree to be bound by the decision of the arbitrator. Both forms of ADR have their pros and cons, and the most effective method depends on the parties themselves and the nature of the dispute.

 

Arbitration is generally conducted with a panel of multiple arbitrators who take on a role similar to that of a judge, make decisions about evidence and give written opinions (which can be binding or non-binding). Although arbitration is sometimes conducted with one arbitrator, the most common procedure is for each side to select an arbitrator. Then, those two arbitrators select a third arbitrator, at which point the dispute is presented to the three chosen arbitrators. Decisions are made by majority vote.

 

Arbitration and mediation are similar in that they are alternatives to traditional litigation, and sometimes they are used in conjunction with litigation (opposing parties may first try to negotiate, and if that fails, move forward to trial). Both arbitration and mediation employ a neutral third party to oversee the process, and they both can be binding.

It is even possible for the parties to engage in a mediation alongside the arbitration proceedings.

International arbitration

Most of our work is international in nature and our arbitration solicitors have a long history of working with clients and intermediaries in other parts of the world. We regularly act as local co-counsel in London-based arbitrations that involve the laws of other countries.

 

How can our arbitration lawyers assist you with a dispute

Our arbitration lawyers can offer clear guidance and early strategic advice on your options to give you the optimal advantage in bringing or defending a domestic or international arbitration, including advising on issues over jurisdiction and any interim remedies (such as security for costs application or freezing injunctions).

Contact our arbitration and commercial litigation team today

Arrange your initial, no obligation consultation with our arbitration Solicitors in London. For a free, no-obligation, initial discussion of our arbitration services, and how we may be able to help, Call us on 0204 5384215 or make an inquiry online. Alternative contact us via LinkedIn.