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.
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.
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.
With a strong track record of success in major commercial litigation our work includes specialist advice, drafting and advocacy in all kinds of commercial disputes.
Property litigation and advisory work on all levels including Lands Tribunal, Leasehold Valuation and the Adjudicator HM Land Registry for property companies, local authorities, private land owners and tenant associations.
Our specialist team of barristers have the expert knowledge required to represent claimants and defendants with an appreciation of the clinical issues at stake and how to navigate the various organisations and structures.
Our specialist group covers all areas of intellectual property and are well-known in the field of media and entertainment law, working with inventors, artists and musicians.
Advice and representation in relation to cost agreements and disputes in sectors including insurance, law and professional services.
A number of members of Chambers and door tenants are qualified as arbitrators and have vast experience acting in domestic (English) and international arbitrations, both as Arbitrators and as Counsel.
Barristers advise in all matters concerning the ecclesiastical law of the Church of England with a particular emphasis on advice and representation in faculty proceedings in Consistory Courts and the Court of Arches, and Clergy Discipline Tribunals.
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