Arbitration Solicitors in Birmingham

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Established in 2014, Witan Solicitors is a well-known and respected law firm recognised by Legal 500. We have successfully represented businesses across all sectors in a range of complex and sensitive commercial disputes, often related to contractual disagreements. Our team also has experience in resolving cross-border disputes involving international organisations. This put us in a suitable position to provide advice even for conflicts outside of the UK.

To speak with an expert arbitration solicitor about your case in a no-obligation consultation, send us your query via email at info@witansolicitors.co.uk and our team will get back to you as soon as possible. 

What is Arbitration?

Arbitration is a type of alternative dispute resolution which does not require any appearances in court. It is usually best-suited for cases where an agreement cannot be negotiated between the two parties but both parties would still prefer the dispute to be resolved quickly and confidentially.

When arbitration is used, a third party, called an arbitrator is appointed by both parties to decide the outcome of the dispute. They will review all evidence provided and will issue final awards based on what they have found. Any decisions that are reached using arbitration will be legally binding and enforceable.

What is International Arbitration?

As the name suggests, international arbitration is an international dispute resolution method that involves parties agreeing to resolve their disputes before a private arbitrator as opposed to a domestic court. 

It allows parties from different cultural, linguistic and legal backgrounds to resolve their disputes in a neutral, consensual and binding process that is usually faster and less expensive than domestic litigation. Plus, unlike domestic court judgements, it is possible to enforce international arbitration awards in almost any country. So, it is easy to see why more and more businesses pursue arbitration to resolve international disputes.

Our arbitration solicitors have a wealth of experience helping businesses handle international arbitration. Our knowledge of international arbitral institutions is unmatched, providing you with the peace of mind that your interests will be protected.

We have a proven track record of successfully resolving disputes under the rules of a range of arbitral institutions. International arbitration institutions such as:

• Grain & Feed Traders’ Association (GAFTA)
• The Federation of Oils, Seeds and Fats Associations Ltd (FOSFA)
• The International Chamber of Commerce (ICC)
• The London Court of International Arbitration (LCIA)
• The London Maritime Arbitrators Association (LMAA)
• The London Metal Exchange (LME)
• The Permanent Court of International Arbitration (PCIA)
• The Refined Sugar Association (RSA)

Our Arbitration Expertise

Our commercial law experts have extensive experience acting for both claimants and respondents, helping them swiftly resolve international and domestic disputes. We excel at helping our clients achieve commercially sensible outcomes.

We can:

• Determine whether arbitration is the most appropriate resolution
• Draft arbitration clauses in contracts
• Defend domestic and international arbitration proceedings, including those that arise out of trade and commodities contracts, joint ventures, intellectual property and more
• Eforce domestic and international arbitration awards
• Pursue claims for compensation for breaches of obligations
• Resolve disputes involving valuable assets
• Investigate domestic and global assets

Benefits of Arbitration

When dealing with cross-border disputes, it can be challenging to decide where to litigate. After all, most parties will prefer to litigate in their home courts as they have a perceived advantage. But thankfully, arbitration provides a neutral ground so both parties feel comfortable. Aside from this, other benefits of arbitration include:

• Binding – Generally, the outcome is final and it is difficult for parties to challenge the award. This helps both parties avoid a time-consuming and expensive appeals process
• Cost – In most cases, arbitration is less expensive than litigation
• Enforceable – As the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958) requires more than 160 consenting states to recognise awards made during arbitration as binding, awards are usually easy to enforce
• Flexibility – Parties have the power to appoint arbitrators and decide where, when and in what language the arbitration will take place
• Privacy – Unlike court proceedings, arbitration hearings are generally private and parties have the option to keep the proceedings and outcome confidential
• Voluntary – Both pirates need to consent to arbitration

Role of the Courts in International Arbitration

The law in the legal home of the arbitrator will determine the role that national courts play in the arbitration process. Domestic courts can support arbitration in a range of ways, including:

• Compelling witnesses to provide evidence
• Enforcing awards
• Granting anti-suit injunctions to prevent proceedings in courts outside of the EU
• Issuing freezing injunctions or other orders to prevent parties from disposing of or hiding assets
• Making provisions where parties cannot agree on an arbitration procedure
• Providing parties with the freedom to appoint their own tribunal

Our Awards

We are immensely proud of the Commercial team, whose outstanding work has been recognised by SME News and APAC Insider.

Benefits of Arbitration

When dealing with cross-border disputes, it can be challenging to decide where to litigate. After all, most parties will prefer to litigate in their home courts as they have a perceived advantage. But thankfully, arbitration provides a neutral ground so both parties feel comfortable. Aside from this, other benefits of arbitration include:

• Binding – Generally, the outcome is final and it is difficult for parties to challenge the award. This helps both parties avoid a time-consuming and expensive appeals process
• Cost – In most cases, arbitration is less expensive than litigation
• Enforceable – As the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958) requires more than 160 consenting states to recognise awards made during arbitration as binding, awards are usually easy to enforce
• Flexibility – Parties have the power to appoint arbitrators and decide where, when and in what language the arbitration will take place
• Privacy – Unlike court proceedings, arbitration hearings are generally private and parties have the option to keep the proceedings and outcome confidential
• Voluntary – Both pirates need to consent to arbitration

Role of the Courts in International Arbitration

The law in the legal home of the arbitrator will determine the role that national courts play in the arbitration process. Domestic courts can support arbitration in a range of ways, including:

• Compelling witnesses to provide evidence
• Enforcing awards
• Granting anti-suit injunctions to prevent proceedings in courts outside of the EU
• Issuing freezing injunctions or other orders to prevent parties from disposing of or hiding assets
• Making provisions where parties cannot agree on an arbitration procedure
• Providing parties with the freedom to appoint their own tribunal