Arbitration

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Dispute Resolution can be contentious and potentially expensive.  Where parties cannot agree on a solution to their dispute then often the parties end up in litigation, where a final decision is forced on all parties by a court order. 

But it doesn’t have to be like this – Arbitration can be the answer. The parties to the dispute agree to put the facts and evidence before an Arbitrator, who has no personal interest and (as with a Judge) can make a final decision which binds both parties.  For this reason Arbitration is an excellent method for resolving business disputes.

“One of the most astute appointments I have ever made.”

A company director

Arbitration solicitors

At Francis Wilks & Jones we help focus on understanding what the client wants and focusing on the solutions that will best reach that outcome quicker and less expensively.

Our commercial litigation team can advise you on whether arbitration is relevant to you and guide you on:

Advising whether you can arbitrate

Ideally, all disputes between businesses and/or individuals should be resolved between the parties with little or no additional cost.  Unfortunately, many business relationships sit between parties who may be unwilling to negotiate or who are unable to find a solution which they both find acceptable.

Arbitration is an excellent tool dependant on the nature of your dispute and whether the parties will agree to arbitrate.

Negotiations and agreements to arbitrate

At Francis Wilks & Jones we can advise and assist on your dispute and, if necessary, commence or continue negotiations with the other party (or their solicitors).  Ultimately, this often leads to a positive outcome without any other proceedings but, if this is not possible, then mediation is usually the recommended next step.

By confronting your opponent and being subject to the pressure of the consequences of failing to agree (which may lead to litigation) mediation can prove a very useful tool.

However, if this is not possible or is unsuccessful, then the only alternative may be issuing a claim at Court.  At Francis Wilks & Jones we can in certain circumstances take a further step and propose in negotiations an arbitration of the dispute, highlighting the benefits and speed of such a resolution.

Choosing your arbitrator

An Arbitrator will always have an enhanced specialism in the specific area of dispute, unlike a judge who will make decisions without any detailed specialist knowledge and purely on the basis of the information presented to him.

Additionally, an Arbitrator may require expert evidence on the laws of the specific jurisdiction (for any international disputes) and will apply their specialist knowledge in accordance with such expertise delivered.

At Francis Wilks & Jones we can, as part of any negotiations in respect of a proposed Arbitration, provide you with options as to your choice of Arbitrator as part of the commence of any such consensual Arbitration proceedings.

International disputes

Arbitration in the UK can prove a useful tool to resolve international disputes, particularly where the business relationship arose in a jurisdiction in which it is less attractive or riskier to allow the dispute to be resolved through the Court system.

Regardless of the governing law cited in any business agreement, as Arbitration is not governed by any country’s domestic laws (even the laws of England and Wales for Arbitrations convened within the UK) then the parties can have an international dispute resolved without the need to go to the relevant country where the dispute arose.

At Francis Wilks & Jones we have a thorough understanding of how cross-border issues are dealt with, the use of experts in the relevant laws and how such tools can be integrated into the arbitration process.  

Enforcement of arbitration awards

Once an Arbitration award is made, the effectiveness of that award will depend on your opponent’s response.  As Arbitration is a consensual method of dispute resolution, there is not normally any requirement to enforce the award as both parties have previously agreed to be bound by it and should consequentially agree to cooperate with the terms of the award. 

However, this is not always the case and at Francis Wilks & Jones we can assist in enforcing arbitral awards either in the UK or overseas, particularly in territories which have agreed to participate in the New York Convention 1958 (which permits recognition of such awards for the purpose of enforcement).

“I was greatly impressed with the commercial, tactical and technical ability of the team at FWJ. They quickly got to grips with a complex set of facts and, through their hard work, had the proceedings against me dropped and a significant proportion of my legal fees repaid. I couldn’t recommend them highly enough.”

A director of a UK company

At FWJ our team of experienced solicitors can advise you on the appropriateness of Arbitration, its benefits (as opposed to litigation) and negotiate through to commencing, concluding and (if required) enforcing an Arbitration Award.