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Arbitration

Arbitration can provide a more efficient and effective route to dispute resolution than litigation, and it is a key area of experience and expertise for Ten Old Square.

The advantages of arbitration are particularly clear following the Covid-19 Crisis: the Court system has worked hard to deal with the issues but there are real risks of a stubborn and substantial backlog in cases after the Covid-19 lockdown which will continue to affect the usual conduct of litigation for a substantial period of time.  Arbitration can provide a more flexible and efficient system of dispute resolution compared to standard litigation.  It is also confidential, which means that it is an ideal dispute resolution process for disputes involving commercially sensitive information.

 

 

Contact our Arbitration Clerks

Contact our experienced Clerks to find out which Arbitration barristers would be ideal for you. They have many years of experience and will ensure that you receive a premium service and advise on the suitability, availability and cost of instructing specialist Counsel.

Call +44 (0)20 7405 0758
Email clerks@tenoldsquare.com

Our Arbitration Barristers’ Experience

We have substantial amounts of experience in key areas of arbitration: partnership/LLP disputes, property, commercial and private client.

If you need an expert barrister, experienced in dealing with arbitration, to represent you or your client as an advocate, our clerks are able to recommend counsel able to appear at all stages of an arbitration. We have substantial experience not only in acting in arbitrations themselves, but also in connected High Court proceedings under the Arbitration Act 1996.  These include applications for interim interlocutory relief from the High Court, resolving jurisdiction disputes as well as appeals and other challenges to Arbitrators’ awards.

We can also provide an arbitrator for your dispute: Jonathan Gavaghan is a Fellow of the Chartered Institute of Arbitrators and a specialist practitioner dealing with partnership/LLP disputes as well as property and commercial chancery arbitrations.  Chambers and Partners 2020 states that he “offers especially extensive experience as an arbitrator of, or arbitration counsel in, partnership disputes”.

Arbitration Frequently Asked Questions

Can we instruct members of Ten Old Square to appear in arbitrations?

Absolutely. Members of Ten Old Square are very experienced in appearing in arbitrations and well understand the underlying law and procedure and are available to guide you at all stages of a dispute.

Does Ten Old Square have experience in alternative dispute resolution generally?

Our barristers are very experienced in all forms of ADR – including mediation and expert determinations as well as arbitration.  While some cases are only ultimately suitable for resolution via the Courts, much of our work involves ADR and our aim is always to provide a swift, just and cost-effective resolution to disputes wherever possible.

What are the advantages of arbitration?

The parties can ensure that their dispute is dealt with confidentially by a specialist and avoid much of the inherent delay in court proceedings.  There will be a single “judge” deciding the issues throughout an arbitration, able to deal with disputes quickly, whether by email, telephone or video hearing or face-to-face hearings.

Has the Covid-19 crisis changed things?

Arbitration has always been an effective dispute resolution system but has become even more so since the Covid-19 crisis hit.  Parties can avoid the backlog of cases which will inevitably have built up in the Courts and arbitration offers a flexible, efficient and expeditious system of dispute resolution.  The parties to any dispute can agree an ad hoc arbitration to resolve it even if there isn’t an existing arbitration clause and thus bypass the queue in the Courts.

How much does it cost to instruct a member of Ten Old Square?

We aim to provide a cost-effective service and will strive to ensure that our fees are competitive. Our Clerks will advise you of the hourly rate applicable to any barrister in Chambers and for any piece of work and this will be agreed in advance, taking into account the nature of the case and its complexity, and the experience of the barrister instructed.

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