Arbitration barristers for Birmingham and the Midlands.
Counsel and arbitrator appointments for construction and infrastructure, manufacturing and commercial arbitration in Birmingham, institute and ad hoc, instructed by solicitors or directly.
Arbitration Barristers for Birmingham clients
Midlands references cover construction and infrastructure, manufacturing and supply chain, energy and natural resources, international trade, banking and finance, and professional negligence claims under arbitration clauses in professional appointments. Where a reference involves a state or state owned counterparty, including investment treaty arbitrations, we put forward counsel who practise in public international law as well as commercial arbitration.
Counsel and arbitrator appointments are clerked in the same way. For a sole arbitrator, party appointment or chair we can supply CVs, sector experience, availability against the timetable and an hourly rate quickly, with conflict checks completed before a name is put forward.
Birmingham sits at the centre of the country's construction, infrastructure and manufacturing economy, and a large share of the contracts behind that activity refer disputes to arbitration. FIDIC and NEC forms on infrastructure schemes, bespoke supply agreements in automotive and aerospace supply chains and shareholders agreements in family owned groups all commonly carry arbitration clauses.
Clerk and Counsel places independent, BSB registered arbitration barristers from the Midland Circuit and the London Bar on Birmingham references. Counsel on the panel are members of chambers across the commercial Bar and act as counsel and arbitrator in institutional and ad hoc references.
Instructions come from Birmingham solicitors, from in house teams at contractors, manufacturers and utilities and directly from company directors under the Public Access scheme where the reference is suitable.
Where a Midlands business is drawn into an international arbitration seated abroad, including proceedings seated in Dubai or Hong Kong, we place English counsel for the advocacy and coordinate with counsel at the seat.
Areas of work in Birmingham
Construction and infrastructure
FIDIC, NEC and JCT references on rail, highways, utilities and major building schemes, covering delay, disruption, variation, valuation and defects.
Manufacturing and supply chain
Automotive, aerospace and industrial supply agreements, tooling disputes, long term supply terminations and quality claims.
Energy and natural resources
Waste to energy, renewables and grid disputes, availability and offtake claims and related natural resources contracts.
International trade
Cross border sale of goods claims for Midlands exporters and importers, including GAFTA and bespoke arbitration clauses.
Banking and finance
Facility, guarantee, asset finance and trade finance disputes referred to arbitration.
JV and shareholder disputes
Joint venture and development vehicle breakdown, deadlock and exit, and a shareholder dispute referred under the shareholders agreement.
Professional negligence
Claims against engineers, quantity surveyors, architects, valuers and accountants under appointments containing arbitration clauses.
Court work supporting arbitration
Section 9 stays, section 44 interim relief, section 67 and 68 challenges and enforcement in the Business and Property Courts in Birmingham or the Commercial Court.
Where these cases are heard
Court applications supporting arbitration for Midlands parties are heard in the Business and Property Courts in Birmingham at the Birmingham Civil and Family Justice Centre, 33 Bull Street, Birmingham B4 6DS, which runs the full Chancery, Commercial, Insolvency and Companies and Technology and Construction lists.
Higher value or internationally connected arbitration claims are often issued in the Commercial Court at the Rolls Building in London instead, and counsel will advise on which is the better forum for a stay, interim relief or a challenge to an award.
Hearings in the reference itself are typically held in Birmingham hearing suites, at the parties' premises or remotely, with procedural conferences almost always by video.
What drives this work in Birmingham
Midlands manufacturers and contractors are frequently drawn into references before overseas arbitral centres, and DIAC HKIAC and SIAC caseloads are now a regular feature of construction and infrastructure and supply chain work with Gulf and Asian counterparties. English law commonly governs those contracts even where the proceedings are seated abroad.
Enforcement planning starts at the advice stage. An award made in any New York Convention state can be enforced against assets in England, and counsel will advise on security, freezing relief and disclosure in support of the reference before costs are committed.
The Birmingham and wider West Midlands economy is built on construction and infrastructure, automotive and aerospace manufacturing, logistics, utilities, professional services and a very large owner managed business sector.
That produces EPC and sub contract references on major schemes, long term supply and tooling disputes in the automotive chain, warranty and earn out claims on the sale of family businesses and joint venture breakdowns in property development vehicles.
Midlands exporters generate international trade references, with questions of applicable international law, seat and enforcement arising wherever the counterparty and its assets sit outside England.
What instructing counsel costs
Fees are fixed and agreed in writing first. Written advice on jurisdiction, the arbitration agreement or the merits of a commercial dispute typically runs between one thousand and three thousand pounds plus VAT.
Drafting a request for arbitration, response or statement of case is quoted against an agreed scope. Merits hearings are quoted as a brief fee plus refreshers, and arbitrator appointments are charged at a disclosed hourly rate.
For directors funding a reference personally or through the company we work stage by stage, so cost is capped and visible, and counsel will say plainly if the claim is not worth running.
Send the contract and arbitration clause, the parties, the sums in dispute, the rules and seat and any deadline in the timetable. A clerk will come back with shortlisted Birmingham arbitration counsel, an indicative fixed fee and conflict check timing.
We also place leaders and specialist juniors where the value of the reference justifies a two counsel team.
Every barrister we place is regulated by the Bar Standards Board. Clerk&Counsel is a clerking agency and does not provide legal services itself.
Arbitration Barristers in Birmingham, common questions
Where are arbitration claims heard in Birmingham?
Applications supporting arbitration are heard in the Business and Property Courts in Birmingham at the Birmingham Civil and Family Justice Centre, 33 Bull Street, Birmingham B4 6DS. Higher value or internationally connected claims are often issued in the Commercial Court in London.
What sectors do Birmingham arbitration references cover?
Mainly construction and infrastructure, manufacturing and supply chain, energy, international trade, banking and finance and JV and shareholder disputes.
Can a Midlands company instruct counsel directly?
Often yes, under the Public Access scheme, because arbitration is not conduct of litigation. On heavy document production a solicitor led team is usually better value and we will say so before you commit.
Do you provide arbitrator appointments in Birmingham?
Yes. Barristers on the panel sit as sole arbitrator, party appointed arbitrator and chair in institutional and ad hoc references.
Which arbitral centres do you cover?
LCIA, ICC, SIAC, HKIAC, DIAC, CIArb, LMAA and GAFTA references, together with ad hoc arbitration under the UNCITRAL Rules.
How quickly can counsel be engaged?
Urgent applications and imminent deadlines are usually covered within twenty four to forty eight hours. Advisory and drafting work is normally set up within two to three working days.