Approach to costs
Solicitors at Humphreys & Co. always aim to approach
legal work in a financially-disciplined way. We offer
competitive rates. Our charging approach is both transparent
and geared to the options open to our clients. Our
solicitors generally charge by reference to time spent but
we can often agree fixed fees for specific work or in some
cases risk-adjusted funding structures.
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Send us a summary of your circumstances and objectives for a quick response. |
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employment
Arbitration
& ADR
Advising on,
conducting and defending UK &
international arbitration claims -
alternative dispute
resolution
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Solicitors at Humphreys & Co. can
advise and act for you during the arbitration
process and ensure your case is articulated
positively.
There are various other alternatives to formal court
proceedings. These include mediation, adjudication
and evaluation. Unlike arbitration however these
methods are not binding and may still result in
court proceedings.
Arbitration
Arbitration
is a private method of settling
disputes. Unlike proceedings
in Court, the general public are
not admitted to hearings. None of
the documents will become public,
and there will be no reporting of
the outcome. Companies which are
involved in high-tech and other
sensitive contracts frequently
require arbitation clauses to try
to avoid confidential data
becoming the subject of public
debate in the courts and/or
matters of public record.
Solicitors here undertake
arbitration proceedings and all
other methods of alternative
dispute resolution, including for
example adjudication,
determination of issues by agreed
experts and mediation
Our solicitors are
experienced in conducting the
arbitration of disputes in many
fields of commercial activity
including:
- construction and
engineering
- ship construction
and boatbuilding
- commercial
contract claims
- financial
services matters
- insurance and
reinsurance disputes
Arbitration
is the formal process in which an
impartial third party with
specialist background knowledge on
the nature of your dispute hears
all parties and makes a binding
decision to resolve it.
Arbitration is an alternative
method of dispute resolution to
civil litigation. It is a
consensual process whereby parties
agree to refer disputes between
them to the decision of an
arbitrator rather than to resolve
their differences in the courts.
"If
two or more persons [or
companies] agree that a dispute
or potential dispute between
them shall be decided in a
legally binding way by one or
more impartial persons in a
judicial manner, that is upon
evidence put before him or them,
the agreement is called an
"arbitration agreement" or a
"submission to arbitration".
Then after a dispute has arisen,
if it is put before such a
person or persons for decision,
the procedure is called "an
arbitration" and the decision
then made is called "an award".
Sometimes the submission instead
of being voluntary is imposed by
statute"
"Handbook of
Arbitration Practice" by
Ronald Bernstein
Validity of arbitration agreement
Where a claimant
commences proceedings in
England, and a defendant applies
for a stay for arbitration,
there are occasions when an
issue arises between the parties
as to whether there is in force
between the parties a valid
arbitration agreement. There are
two different kinds of
jurisdiction.
The first is
jurisdiction to decide a claim
on its merits. The second is
jurisdiction to decide whether
the court or tribunal has
jurisdiction of the former
kind. English law takes
the view that the arbitral
Tribunal can rule upon its own
jurisdiction, and this power is
often referred to as the
principle of
‘kompetenz-kompetenz’.
As expressed in Art 21 of
UNCITRAL Arbitration Rules:
“The arbitral
tribunal shall have the power
to rule on objections that it
has no jurisdiction, including
any objection with reference
to the existence or validity
of the arbitration clause or
of the separate arbitration
agreement.”
General
duty of the arbitration
tribunal
Section 33
Arbitration Act 1996 deals
with the “General duty of
the tribunal” in the
following terms:
(1) The tribunal shall
(a) act fairly and
impartially as between the
parties, giving each party a
reasonable opportunity of
putting his case and dealing
with that of his opponent,
and
(b) adopt procedures
suitable to the
circumstances of the
particular case, avoiding
unnecessary delay or
expense, so as to provide a
fair means for the
resolution of the matters
falling to be determined.
(2) The tribunal shall
comply with that general
duty in conducting the
arbitral proceedings, in its
decisions on matters of
procedure.
Enforcement
The Arbitration
Act 1996 s.101 provides
that:
“A
New York
Convention
award shall be
recognised as
binding
between the
persons as
between whom
it was made,
and may
accordingly be
relied on by
those persons
by way of
defence,
set-off or
otherwise in
any legal
proceedings in
England and
Wales…”
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Clients who use arbitration
may benefit from privacy, speed, lower costs & less formal
procedure
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Alternative
dispute
resolution
Mediation
In mediation a neutral
third party, the mediator, assists
two or more parties in order to
help them achieve an agreement on
a matter in which they are in
dispute. Mediation is now
widely recognised in the UK and
Europe as the most popular form of
alternative dispute resolution as
it offers solutions beyond those
that a court could ordinarily
impose and can be used to settle
disputes in a whole range of
situations.
“To
be a good mediator you
must be a good listener.
You have to listen to
not only what is being
said, but what is not
said - which is often
more important than what
they say.”
Kofi
Annan
Mediation is a voluntary process
and will only take place if both
parties agree. Both parties
share the cost of mediation, which
will depend on the value and
complexity of the claim. If
the parties are unable to reach an
agreement, they can still go to
court, and anything discussed at
the mediation is completely
confidential.
Solicitors at Humphreys & Co
are experienced in mediation,
and find that clients benefit
from being able to put their
case forward at a more
affordable price and without the
uncertainty and stress of going
to court.
Conciliation
Conciliation is a process
similar to mediation used in the
construction industry whereby a
conciliator seeks to facilitate a
settlement between the
parties. The conciliator
(who under the contract can often
either be agreed between the
parties or appointed by the
Federation of Master Builders in
the absence of agreement) does not
decide any issues of law or fact
but conducts a process whereby
each party states its position and
then attempts to work towards a
compromise.
Any settlement achieved is then
set down in writing in document
binding upon the parties as a new
contract. The costs of
conciliation are the time of the
conciliator and the venue for the
conciliation. Parties do not
have to be represented.
Conciliation can only take place
if both parties so agree, whether
in the contract or after a dispute
arises. Conciliation can be an
effective way of reaching
agreement over eliminating some of
the parties' more unreasonable
requests.
Adjudication
The aim of adjudication
is to resolve disputed issues in
order to enable work to continue,
either indefinitely or while
awaiting the decision of a judge
or arbitrator. Adjudication is a
more formal mechanism for dispute
resolution that is designed to be
quicker and cheaper than
arbitration or litigation. A third
party adjudicator, usually a
technical expert in the relevant
field, decides the (generally
factual) issues between the
parties. Adjudication has a
statutory basis under s.108 of the
Housing Grants, Construction and
Regeneration Act 1996. The
adjudicator’s decision is binding
upon the parties and may be the
subject of appeal or enforcement
in the courts.
Evaluation
An evaluator's opinion
aims to help you to decide how to
handle your dispute and may enable
you to reach a solution.
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Fixed charge package with
options and recommendations
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Accessibility
We take instructions from UK & international clients. Our independent lawyers are available by email, telephone & fax. With central Bristol offices we are just 90 minutes from London by road or rail and 15 minutes from Bristol International Airport. We can travel to meetings if required.
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Independent approach
We are an independent professional law firm here, not a legal factory turning out mass-produced products. In our experience, determined case-handling is more likely to produce effective results.
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Turnaround time
Solicitors at Humphreys & Co. look to input not only
careful legal work and precision but also the determination
to keep matters moving. They aim to work in clients' real
interests with energy and pragmatism.
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Communication skills
Solicitors at Humphreys & Co. always try to open up the
legal process by giving advice and explaining options to
clients in a concise and straightforward way, identifying
clear courses of action whatever the technical or legal
complexities of the subject. |
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