Arbitration

Arbitration refers to the solution given to any case or dispute between parties that may be located in different countries. Globalisation has led to an increase in the number of cross-border trade and investment, resulting in complex relationships between stakeholders. When a relationship breaks down, you need to consider the best way to resolve a dispute – the most common and favoured method is arbitration. This enables either party to avoid court proceedings.

Given the technicality of disputes that are considered under foreign law, the most experienced specialists are required. The nature of the dispute typically determines which rules are applied to resolve it; a single set of rules is applied to cases which have conflicting jurisdictions. Our expertise extends across several fields to enable you to find a solicitor who can address your exact requirements.

The importance of communication

Our solicitors can provide advice across a wealth of areas and have undergone proceedings that follow various international arbitration rules. Their experience enables them to navigate and overcome any cross-cultural or linguistic barriers to secure a fair outcome. As these disputes heavily depend on written statements, our solicitors possess an excellent command of grammar.

Our international presence also enables us to easily communicate both internally and externally with clients, as we have offices in other countries. This helps to make the process of solving any dispute seamless; lengthy time spent travelling may be saved.

Cross-border commercial disputes

When embarking on a joint venture, it may seem like a sensible decision to partner with an overseas company who can grow your market in other areas. However, these business arrangements don’t always lead to success, resulting in challenging disputes over transactions outside of the claimant’s jurisdiction. We have experience in solving such disputes in construction, public utilities and the oil and gas industries to name just a few – the majority of international arbitration cases are cross-border commercial disputes.

Investment arbitration

We have expertise in a range of arbitration areas, including investment arbitration. This is where a claim is made by a foreign investor against the host place of investment. We can navigate conflicting jurisdiction to minimise the stress of this process.

The importance of confidentiality

International arbitration cases may be confidential, so an expert is required to manage its sensitive nature. As we have helped to solve disputes of well-established companies, the confidential nature of the case has helped to maintain their brand authority and keep their integrity intact. Not only can confidentiality help to avoid negative publicity, but it can also benefit parties who want to maintain a business relationship.

The flexibility of the process

Arbitration proceedings are entirely determined by the nature of each individual case, which makes them circumstance specific. Compared to litigation, this process can be quicker and more affordable, particularly for smaller cases that would otherwise be subject to a drawn-out and expensive court process. The pre-determined following of rules also helps to improve the efficiency of proceedings, as there can be no accusation of bias in the outcome and the rules which are to be followed cannot be negotiated. Our solicitors endeavour to meet your every requirement and aim to solve disputes in only the most professional manner.

BERKELEY ROWE

INTERNATIONAL LAWYERS