Practice Area

Arbitration barristers.

Counsel and arbitrator appointments for international arbitration and domestic references, institute and ad hoc, seated in London and abroad. Fixed fees agreed in writing. Direct access accepted where suitable.

Arbitration is now the default forum for cross border commercial dispute resolution. Supply contracts, charterparties, EPC and infrastructure contracts, joint venture and shareholder agreements, distribution arrangements, loan and facility documents and concession agreements almost all carry an arbitration clause. When that clause is triggered, the parties need a barrister who has run the process before, understands the chosen rules and knows how tribunals in that sector actually decide cases.

Clerk and Counsel places independent, BSB registered arbitration counsel on references under the LCIA, ICC, SIAC, HKIAC, DIAC, SCC, LMAA, GAFTA and CIArb rules, and on ad hoc references under the UNCITRAL Rules. The barristers we work with appear as counsel and arbitrator across construction and infrastructure, energy, oil gas and natural resources, international trade and commodities, banking and finance, technology and telecoms, insurance and reinsurance, and JV and shareholder disputes. On the largest references we put forward King's Counsel with a junior, and where the subject matter calls for it we bring in specialists in public international law.

We are a clerking agency, not a chambers and not a firm of solicitors. The barristers on our panel are members of chambers across the commercial Bar and are engaged directly by the client or by the instructing solicitor. Clients pay us nothing. Our fee is paid by the barrister out of their own fee for sourcing the instruction and handling the administration on the file, and clients are always free to compare counsel before deciding.

Instructions come from City and regional solicitors, from in house legal teams at contractors, traders, funds and operators, and directly from companies using the Public Access route. Whether the reference is a six figure trade dispute under GAFTA or a nine figure infrastructure claim seated in Dubai, the process is the same: we take a short brief, shortlist counsel by sector, seat and fee bracket, confirm availability against the procedural timetable and get the conflict check and engagement letter done quickly.

The work

What arbitration counsel cover.

Typical instructions placed with counsel on the panel include:

  • International arbitration under the LCIA, ICC, SIAC, HKIAC, DIAC, SCC and ICSID rules, and ad hoc references under UNCITRAL.
  • Construction and infrastructure arbitration on FIDIC, NEC, JCT and bespoke EPC contracts, including delay, disruption, variation and defects claims.
  • Energy, oil gas and natural resources disputes: production sharing contracts, concession agreements, gas sales and price review, offtake and decommissioning.
  • International trade and commodities arbitration under GAFTA, FOSFA, LMAA and RSA rules, including sale of goods, quality, shipment and demurrage claims.
  • Banking and finance disputes: facility agreements, guarantees, derivatives, trade finance instruments and Islamic finance structures.
  • JV and shareholder disputes, including deadlock, exit and put and call mechanics, warranty and earn out claims arising on the sale of a business.
  • Professional negligence arbitrations and claims against engineers, quantity surveyors, valuers, accountants and other professionals with arbitration clauses in their retainers.
  • Investment treaty arbitrations under bilateral investment treaties, the Energy Charter Treaty and the ICSID Convention, including expropriation and fair and equitable treatment claims.
  • Jurisdiction and applicable international law arguments, separability, incorporation of arbitration clauses and multi contract or multi party references.
  • Court work supporting arbitration: section 9 stays, section 44 interim relief, section 67 and 68 challenges, section 69 appeals and enforcement of awards under the New York Convention.
Centres and rules

Arbitral centres, institute and ad hoc references.

The choice of arbitral centres shapes cost, timetable and the tribunal's approach to document production and evidence. LCIA and ICC references remain the most common choice for high value cross border commercial dispute work with a London or European connection, with the ICC Court scrutinising awards and the LCIA offering a lighter touch and, usually, a lower administrative cost. Trade and shipping work runs through LMAA, GAFTA and FOSFA on short procedural timetables and documents only awards where the amounts allow.

In the Gulf and Asia the picture is different again. DIAC HKIAC and SIAC references now account for a substantial share of construction and infrastructure and energy work, and counsel need to be comfortable with local court practice at the seat as well as with the institutional rules. The barristers on our panel appear regularly in Dubai and Hong Kong matters, both in person and remotely, and have worked alongside local counsel where a licensed advocate is required at the seat.

Ad hoc references under the UNCITRAL Rules or bespoke clauses still make up a meaningful part of the work, particularly in energy, natural resources and state contracts. Institute and ad hoc references demand different skills: an ad hoc case gives the tribunal and the parties more control over the procedure, but there is no institution to fix defaults on appointment, fees or timetable, so tight drafting and firm procedural advocacy matter more.

Sectors

Sector experience across the panel.

Construction and infrastructure is the largest single strand: FIDIC Red, Yellow and Silver Book claims, NEC compensation events, EPC and EPCM disputes on power, water, rail and process plant, and the extension of time, prolongation, acceleration and defects arguments that come with them. Counsel work with delay and quantum experts as a matter of routine and are used to Scott Schedules running to thousands of lines.

Energy, oil gas and natural resources work covers upstream joint operating agreements, farm in and farm out disputes, gas sales agreement price reviews, LNG offtake, mining concessions and licence terminations. These references frequently overlap with public international law where a state or state owned entity is a party.

International trade, commodities and shipping arbitration covers sale of goods under GAFTA and FOSFA forms, string contracts, quality and condition disputes, charterparty and bill of lading claims and sanctions related non performance. Banking and finance arbitration covers facility and security documents, derivatives, guarantees and trade finance instruments.

Corporate and commercial references round out the practice: a shareholder dispute or joint venture breakdown referred under an arbitration clause in the shareholders agreement, warranty and indemnity claims on a share purchase agreement, agency and distribution terminations and technology and outsourcing disputes.

Seat

Proceedings seated in London and abroad.

London remains the busiest seat in the world for commercial arbitration. Proceedings seated in London are governed by the Arbitration Act 1996, with the Commercial Court providing support through interim relief and witness summonses, and supervision through challenges to jurisdiction and serious irregularity and, in limited circumstances, appeals on a point of English law. That supervisory jurisdiction is one of the reasons parties choose London, and counsel who appear in the Commercial Court as well as before tribunals are best placed to advise on the interaction between the two.

Where proceedings are seated in Dubai, Hong Kong, Singapore, Paris, Stockholm or Geneva, English barristers routinely appear as advocates before the tribunal even though the local courts supervise the reference. The panel includes counsel with substantial experience of hearings in the Gulf and in Hong Kong, and we can coordinate with local counsel at the seat where a filing or an application to the supervisory court is required.

Enforcement is the last stage that clients often overlook at the drafting stage. Awards made in a New York Convention state are enforceable in more than one hundred and seventy jurisdictions, and counsel will advise on where the respondent holds assets, whether to seek security in support of the reference, and how to convert an award into an enforceable judgment.

Arbitrator

Counsel and arbitrator appointments.

Several barristers on the panel accept appointments as arbitrator as well as acting as counsel. They sit as sole arbitrator, party appointed arbitrator and chair in institutional and ad hoc references, and hold CIArb qualifications where the appointing body requires them. Acting in both capacities keeps counsel close to how tribunals actually reason, which is directly useful when they are advocating.

If you need a nomination for a party appointment, a chair or a sole arbitrator, we can produce a shortlist with CVs, sector experience, availability against the proposed timetable and an hourly rate within a day or two. Conflict checks are run before any name is disclosed to the other side or to the institution, and appointments are declined where independence or availability would be in question.

How it works

Briefing us on an arbitration.

Send a short brief with the contract and the arbitration clause, the parties and their jurisdictions, the sums in dispute, the rules and seat if already fixed, and any deadline in the procedural timetable. We come back with shortlisted counsel, an indicative fixed fee for the next stage of work and confirmation of when conflict checks will clear.

For urgent matters such as an emergency arbitrator application, a section 44 application in the Commercial Court or an imminent deadline for a response to a request for arbitration, counsel can usually be engaged within twenty four to forty eight hours. Advisory work on jurisdiction, merits or enforcement strategy is normally set up within two to three working days.

Brief us

Need arbitration counsel?

Send the contract, the arbitration clause and your deadline. We will come back with shortlisted counsel or arbitrator nominations and a fixed fee.

FAQ

Common questions.

What does an arbitration barrister do?

An arbitration barrister acts as advocate and adviser in a private commercial dispute referred to arbitration rather than to court. The role covers advising on the arbitration agreement and whether a claim falls within it, drafting the request for arbitration or response, pleading the case in memorials or statements of case, arguing jurisdiction and applicable international law points, examining factual and expert witnesses at the merits hearing, and handling challenges and enforcement of the award in the Commercial Court. Many of the same barristers also sit as arbitrator, so the panel covers both counsel and arbitrator appointments.

Which arbitral centres and rules do you cover?

We place counsel on references under the main institutional rules and in ad hoc references under UNCITRAL. That includes the LCIA, ICC, SIAC, HKIAC, DIAC, SCC, LMAA, GAFTA, FOSFA, CIArb and ICSID. Institute and ad hoc references need different handling, so we match counsel by experience of the specific arbitral centres involved and of the seat.

Does the seat of the arbitration matter?

Yes. The seat fixes the supervisory court and the law governing the arbitration itself. Proceedings seated in London fall under the Arbitration Act 1996 with support and supervision from the Commercial Court. Proceedings seated in Dubai, Singapore or Hong Kong bring in the courts and arbitration statutes of those jurisdictions. Counsel will advise on the practical effect of the seat on interim relief, disclosure, challenges and enforcement.

Can a barrister be appointed as arbitrator?

Yes. Several barristers on the panel accept arbitrator appointments alongside their practice as counsel, either as sole arbitrator, wing arbitrator or chair. Where a party or an institution needs a nomination, we can supply availability, a CV and a fee proposal quickly, and we run the conflict check before any name is put forward.

Can a company instruct arbitration counsel without a solicitor?

Often, yes. Arbitration sits outside the court rules on conduct of litigation, so a company can instruct a barrister directly under the Public Access scheme for advice, drafting and advocacy in the reference. Where the case carries heavy document production, multiple experts and a long merits hearing, a solicitor led team is usually more efficient, and we will say so at the outset.

How much does arbitration counsel cost?

Fees are agreed in writing before work starts. Written advice on the arbitration agreement or on the merits of a commercial dispute usually runs from one thousand five hundred pounds plus VAT. Drafting a request for arbitration or a full memorial is quoted as a fixed fee against an agreed scope. Merits hearings are quoted as a brief fee plus refreshers. Arbitrator appointments are charged at an hourly rate disclosed to both sides on appointment.

Do you cover investment treaty arbitration?

Yes. Investment treaty arbitrations under bilateral treaties, the Energy Charter Treaty and the ICSID Convention are placed with counsel who practise in public international law as well as commercial work, usually in a team with a leader. Typical subject matter includes natural resources concessions, oil gas licensing, power projects and expropriation or fair and equitable treatment claims against a state.