How arbitration works
Arbitration is a ‘private’ dispute resolution process by which the parties to a dispute submit their differences to the judgment or decision of an impartial arbitration tribunal appointed by mutual consent or statutory provision, the parties agreeing in advance to abide by and be legally bound by the decision or ‘award’ of the arbitrators. The parties must be given an opportunity of being heard, and of ’presenting their case’. The award of the tribunal is therefore based on the evidence and submissions made by the parties.
This private dispute resolution process operates outside the judicial processes of the state courts, and in most countries the award of an arbitral tribunal is enforceable in the state courts. In the case of international arbitration, for example where the parties are from different states, the arbitral award may be enforceable internationally under the New York Convention (the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards): so an award made in one convention country may be enforceable in another convention country.
A number of members of Chambers and door tenants are qualified as arbitrators and have experience acting in domestic (English) and international arbitrations, both as arbitrators and as counsel.
How mediation works
Mediation involves the use of a neutral third party, who seeks to facilitate what is essentially a negotiation process to resolve a dispute, in a confidential environment. The mediator does not ‘decide’ the case (in contrast to an arbitrator) but rather helps the parties to find a solution. A mediated settlement can incorporate imaginative solutions that suit the parties, but which a court or arbitrator would not have the power to impose. Settling a dispute by mediation, particularly at an early stage of a dispute, can save considerable cost.
A number of members of Chambers are trained and experienced mediators. Many other members are experienced in representing clients in mediations.
Our mediators and arbitrators
We understand the importance of choosing the correct mediator or arbitrator for your dispute. Our accredited mediators and arbitrators have international and domestic expertise in all areas of commercial and property ADR.