Our expert team of commercial litigation solicitors at JMW have considerable experience in guiding parties through the arbitration process. 

Arbitration is a form of private dispute resolution which can sometimes be used as an alternative to pursuing court proceedings. Governed by the Arbitration Act 1996, it is a procedure used to determine the legal rights and obligations of the parties. 

To find out more about our arbitration services, contact us today by calling 0345 872 6666, or fill in our online enquiry form to request a call back.

How JMW Can Help

When dealing with any kind of dispute, it is essential to have legal support. Our team can help you understand the arbitration process and whether it or another method of alternative dispute resolution is the best option for your circumstances. We can also guide you through the entire process, representing your interests and helping you find a resolution that best suits your needs.

The types of alternative dispute resolution that are appropriate to your dispute will depend upon several key points, such as:

• The contractual agreement in place between the parties (if any)
• The value of the matter in dispute
• The costs you are willing to spend to resolve the dispute
• The speed at which you wish to resolve the dispute
• The outcome you hope to achieve 

When you speak to us, we can provide you with further information on your options and advise you on whether it is suitable to pursue arbitration to resolve your dispute.

What is Arbitration?

Arbitration is a process in which a dispute is referred by the parties to an independent arbitration tribunal to make a legally binding decision, based on the evidence provided. This is known as an ‘award’.

A party can refer a dispute to arbitration only if it is stated as a possible option within a contract. This type of clause is known as an ‘arbitration agreement’, and it is generally legally enforceable, even if the remainder of the contract is found to be void. 

The arbitration agreement lies at the heart of the arbitration procedure, and it typically sets out information relating to:

• The legal ‘seat’ of the arbitration (explained below)
• The arbitration rules
• The number of arbitrators
• Whether any awards will remain confidential
• Whether awards can be challenged in court proceedings

The parties generally have a degree of flexibility to tailor the procedure to fit their needs. For example, parties can agree on a timetable and a long stop date for the resolution of the arbitration proceedings. Where the parties are unable to agree on an issue relating to the arbitration, the arbitrator(s) can consider any requests and decide how to proceed based on the individual circumstances of the case.

The legal ‘seat’ of the arbitration determines the procedural law governing the arbitration and the relationship between the tribunal and the courts. It also determines the legal home country of the award, which is relevant to matters such as confidentiality, including any right of appeal and enforcement. It should not be confused with the physical location of the arbitration, which is usually decided based on the convenience and locality of the parties. 

The tribunal is the equivalent of a judge in court proceedings and is usually made up of either an individual or a panel of three arbitrators who conduct themselves in a quasi-judicial manner. The arbitrator(s) appointed usually have the technical expertise associated with the particular issues in dispute. 

The arbitration proceedings usually conclude in a private hearing before the tribunal, where the parties’ solicitors present their legal arguments, and the arbitrator(s) hear evidence from the key witnesses and experts. Sometimes, arbitrations are decided without the need for a hearing, with the documents provided being substantial enough. The need for a hearing will depend upon the procedural law applicable to the arbitration and the nature of the dispute. 

The award is determined based on the merits of each party’s position, similar to a court judgment. The award is final and legally binding, with no general right of appeal. Only in exceptional circumstances may an award be challenged and potentially set aside by a court in the same seat as the arbitration.

What Are the Benefits of Arbitration?

An arbitral award can encompass a range of remedies for the successful party, for example, the payment of damages or a declaration in respect of a specific part of the proceedings, or the losing party may be required to do or refrain from doing something.

The successful party can take steps to enforce the arbitral award against the losing party immediately, and one of the key advantages of arbitration over other dispute resolution methods is the ease with which an award can be enforced in most countries worldwide. It is for this reason that arbitration is often the preferred option for resolving disputes for the international business community.

Examples of major international arbitration institutions include: 

• The London Court of International Arbitration (LCIA)
• The International Chamber of Commerce (ICC)
• The Singapore International Arbitration Centre (SIAC)
• The Hong Kong International Arbitration Centre
• The Stockholm Chamber of Commerce

Each of these specialist institutions has its own specific rules relating to the administration of the arbitration process. 

In addition to the ease of enforceability of arbitration awards, parties involved in a dispute are often more attracted to arbitration over court proceedings for reasons that include:

• Privacy: arbitrations are typically confidential and the process is conducted in private. Therefore, it is often a more suitable forum for parties who want to keep sensitive information associated with their claims out of the public eye. 
• Speed and flexibility: the arbitration process is generally shorter than the litigation process due to fewer procedural stages and tighter timescales, which means a resolution is often achieved more swiftly via arbitration. 

Why Choose JMW?

JMW has received recognition from prestigious legal guides, such as The Legal 500 and the Chambers & Partners guide, for our dedication to excellent customer service and the results we bring for our clients across many areas of law. Our commercial litigation team has helped us to achieve this success and stands ready to assist you with extensive experience in resolving disputes.

From our initial consultation to the conclusion of your matter, we will offer advice and guide you through the necessary steps to achieve the best possible outcome. We take pride in our ability to communicate effectively, translating confusing legal jargon into understandable language so you are informed at every stage.