Using the court processes may not be the most constructive method of dispute resolution and in fact, the courts expect parties to explore alternative dispute resolution (ADR) options before embarking on formal litigation. In extreme circumstances, parties who turn down the chance of ADR might have cost sanctions made against them, even if they go on to win the case.

Opportunities to save time and money with alternative dispute resolution

If your opponent will agree to alternative dispute resolution, it can often be completed in a matter of weeks or months. This will help to reduce disruption to your business as well as saving money on litigation costs for both sides. ADR is also more flexible than conventional litigation, allowing the parties to control the process and possibly develop creative solutions.

There is no definitive list of the methods of ADR, but some of the types we help with include:

• Negotiation – this can be as straightforward as an offer of money or a more complicated settlement agreement.
• Mediation – working together through a mediator to identify a mutually acceptable outcome is the most popular form of alternative dispute resolution and is particularly favoured by the courts in most instances.
• Early Neutral Evaluation – the parties agree to jointly instruct a neutral expert to give their opinion at an early stage in proceedings. The opinion is non-binding and will not generally be referred to in court, but it gives the parties an idea of where litigation may lead them and allows them to make an educated decision on whether to settle or fight on.
• Expert Determination – a professional expert is jointly instructed by the parties to give a binding opinion on the dispute
• Arbitration – An independent third party makes a final determination of the dispute; their award is binding and recognised by our laws and those of most countries. Usually, an experienced lawyer will arbitrate the dispute though non-lawyers are often used in technical disputes such as complex engineering cases.

By working with Collyer Bristow, you are enlisting the help of a high-quality law firm with years of experience in all the major methods of alternative dispute resolution. In some cases, we can significantly boost your chances of resolving a dispute quickly and successfully without the stress of court proceedings.

As a central London law firm, we have great experience in arbitrations under the rules of the London Court of International Arbitration (LCIA), which is one of the world’s leading forums for commercial dispute resolution. Despite the name, it is not a court in the conventional sense – it is not tied to any country’s legal system, for example. What the LCIA does is provide a robust framework for resolving domestic and cross-border disputes through arbitration.

LCIA arbitration awards are final and binding on the parties. Opportunities to appeal are very limited and, depending on local laws, it is often possible to waive the right to appeal, thus bringing the dispute to a conclusive end.

We are experts in LCIA arbitration

Collyer Bristow has extensive experience in LCIA arbitration as well as non-LCIA arbitrations. Our team of arbitration lawyers has represented clients in high value and complex cross-border arbitrations, helping clients resolve and prevent disputes around the globe.

We provide a practical and outcome-focused commercial arbitration service no matter where you are located, and regardless of which jurisdiction governs the commercial contract that is in dispute.

We will support you seamlessly through every stage of the LCIA arbitration process from pre-arbitration tactical strategy to enforcing the arbitrator’s award.

Our complex disputes arbitration lawyers have handled – and won – cases of great complexity and scope. This includes cross-border disputes, disputes involving multiple parties and labyrinthine chains of liability, and high-value matters where entire businesses were on the line. Clients and referring law firms rely on our arbitration expertise to resolve their biggest and most troublesome disputes.

A winning approach to complex dispute resolution

Every complex dispute comes with its own set of risks and opportunities. There are no one-size-fits-all solutions here, and that is why our complex disputes lawyers work hand-in-hand with clients to craft winning strategies that align with business objectives, to help you get the results you need.

Our lawyers have skilfully represented clients in complex arbitrations spanning many industries, including highly technical disputes in the construction, energy, finance and insurance industries. Our team can advise on:

• High-stakes commercial disputes
• Disputes arising from mergers and acquisitions
• Complex construction and engineering disputes
• Banking and financial disputes
• Intellectual property misappropriation and infringements
• Complex cross-border disputes and other contentious matters

We fully understand the intricacies of the arbitral process, and we use it to achieve maximum benefits for our clients. Work with us, and you’ll get insight into winning case strategies and arguments, as well as first-class legal representation across an array of international arbitration institutions including the London Court of International Arbitration and the International Chamber of Commerce.

The objective of the arbitration process is to give a speedy outcome to commercial disputes, with the added benefits of cost-effectiveness, privacy and finality. An arbitrator, while bound by the arbitral process governing the parties’ relationship, in some disputes may have more scope to weigh the business realities of your situation and take them into account in the decision that is made.

However, these advantages can soon become disadvantages if your legal team is not deeply knowledgeable about the arbitral process. Everything from the choice of arbitration framework, the number of arbitrators, composition of the arbitration panel (e.g., lawyers, engineers, industry experts), and the type and volume of evidence and submissions can influence the speed of the process, the costs involved and the outcome.

We’re intimately familiar with the arbitral process

At Collyer Bristow, no matter what your dispute, we can guide you through the arbitral process, navigating the rules and providing practical, commercial advice throughout. Our service includes:

• Where able to do so, choosing the best framework, for example ICC, LCIA, Swiss Chamber of Commerce Rules of International Arbitration, Singapore International Arbitration Centre etc
• Jurisdictional issues
• Selecting an arbitrator (or panel)
• Document production
• Factual and technical expert witnesses
• Pleadings, hearings and substantive written submissions
• Handling any challenges to the arbitral process
• Awarding legal fees and costs
• Post-arbitral proceedings including any appeals
• Enforcement of awards in local and foreign jurisdictions

Our arbitration lawyers represent commercial organisations and high net worth individuals in most sectors, including construction, real estate, financial markets, insurance, tech and manufacturing. We have experience of handling multi-party, complex disputes that require working collaboratively with domestic and foreign law counterparts. We help our clients think tactically from the outset to maximise the chances of success.

Everyone likes to win. But from a time, cost and risk perspective, it can be better if possible to turn to alternative methods of dispute resolution. Arbitration can be a good alternative for many types of conflict resolution, because it can be less complex and more responsive than the court process.

Also, the rules may be easier to understand for the parties involved in the conflict, especially in cross-border commercial conflicts where the parties are of different nationalities and are used to working under different legal systems. In some cases, the proceedings can be more focused on the commercial (as opposed to the legal) issues, and the parties can certainly have more flexibility to adapt the process to suit the nature of their relationship and the conflict.

Effective conflict resolution under pressure

The highly regarded commercial litigation group at Collyer Bristow manages conflict resolution strategies for national and international clients. We can help you resolve all sorts of conflicts, however they arise, and whether you are making a claim or defending a claim. Our aim is to help you to try to settle the matter quickly by negotiation. If that is not possible, we endeavour to successfully assert your rights through alternative methods including arbitration, with the least cost and distraction to you.

Our considerable expertise, together with our strong client relationships, provides us with the strength and depth to act on the most complex and significant of commercial disputes. Our flexible and creative approach also means we’re also ready to respond in an emergency, such as getting an injunction to stop harmful behaviour in its tracks.

When considerable sums of money are on the line, it is even more important to resolve the dispute quickly and in a neutral forum. Arbitration can be a compelling process that can provide a fast, effective and confidential way of resolving commercial disputes of great economic worth.

Our approach to high-value disputes

The high values involved in the arbitration work of our lawyers have seen them win claims valued in the tens of millions, although values vary considerably. It may be not only money that is at stake. Many of our clients have reputations to protect, and the dispute has the potential to cause significant damage to their products, intellectual property and brand. We help to manage that risk by aiming for a fast and confidential resolution that is tailored to our clients’ needs.

Our lawyers’ high-value international and domestic work includes:

• Resolving disputes involving significant sums of money
• Disputes regarding high-value assets, such as mineral rights
• Large-scale, cross-border, multi-party actions
• Reputation-threatening disputes
• Enforcing international arbitration awards
• High-profile disputes

With in-depth knowledge of the arbitral process across all the leading arbitration frameworks, as well as their interplay with national courts, we aim to get resolutions to strategically significant disputes wherever they arise.