Arbitration has been a mainstay of the Construction Industry for many years allowing disputes to be resolved by experienced and knowledgeable legal and construction experts.
Arbitration is a procedure which partiers may enter into by consensus only, i.e. by the incorporation of an arbitration procedure within the Construction Contract or, where appropriate, by reference to arbitration giving rise to a right to arbitrate under the Arbitration Act 1996. Alternatively, the parties may agree that the best way to resolve a dispute is by the procedure of Arbitration and the rules of that procedure are entered into post contract. By commencing arbitration you are engaging a third party to resolve the dispute, i.e. the tribunal, rather than a court of law.
A key advantage to arbitration is that it is a procedure held in private. Of course this may be seen as a disadvantage if a Party wants the matter aired in the public arena that litigation in Court may offer. Moreover, arbitration is not confined to matters that the Courts of England and Wales only have jurisdiction to deal with. The procedure is international.
The New York Convention enjoins signatory states to observe arbitral award made in other countries and as such the parties do not have to be domiciled in any particular country or state to enjoy the arbitral procedure. Arbitration is importantly recognised by the legal system of almost every country.
How can we help?
Our practice is renowned for offering a one-stop shop for all ADR services including all forms of Arbitration.
For our clients to receive the best possible advice and support, Silver Shemmings ensures that the most appropriate team is dedicated to assist and guide the client through the minefield that is Arbitration and achieve the best possible results.
We recognise that any dispute requires accurate and realistic advice that will enable a client to fully weigh up the commercial and legal considerations open to them. We ensure that the client is kept fully abreast of the progress of the Arbitration and comprehensively advise on any new or emerging situation within the Arbitration process. In our experience, on-going advice and support is desirable, if not essential, and an aspect of our service that clients value highly.
If Arbitration is unavoidable in all the circumstances and/or our clients have a settled intention to progress a matter to a formal resolution then we act as Representatives on their behalf. Each Arbitration matter is headed by one of our Partners.
Our experienced dual-qualified lawyers act as advocates in both domestic and international arbitrations, representing clients and organisations of different sizes in cases brought before, for example, the International Chambers of Commerce, the London Court of International Arbitration, the Chartered Institute of Arbitrators. Our services include:
- providing legal advice and written opinions on all aspects of construction law, contracts and disputes;
- providing advice on financial and time claims, preparing and pursuing claims including the compilation of documentation and analysis;
- advising on the legal interpretation and obligations of technical specifications;
- negotiation on behalf of our clients;
- the provision of professional quantity surveying advice on aspects of measurement;
- attending preliminary and interlocutory meetings and hearings;
- co-ordinating the action and tasks to be undertaken on our clients behalf;
- preparation of witness statements;
- organising and undertaking disclosure and inspection;
- advising on tactics and approach;
- advocacy in Arbitral Tribunals.
Silver Shemmings takes pride in its ability to provide a complete Arbitration service from the first signs of a dispute until full determination by an Arbitral Tribunal, should a suitable settlement does not prove possible. In our experience, getting us involved in the dispute at the outset has been fruitful to our clients. A clear and deep understanding of the dispute can be obtained which in turn greatly assists the possibility of resolution.
At Silver Shemmings we have individuals to advise you on how to commence and run a claim utilising the arbitral procedure both nationally and internationally. Indeed, we have individuals who are nominated and act as Arbitrators both in England and Wales and within other jurisdictions.
Should you need advice as to how to take your claim forward using Arbitration, have to defend Arbitration proceedings, have arbitral procedures drafted or require an Arbitrator then contact one of our Arbitration experts.