Any company, whether large or small or from whichever country, should consider instructing a barrister to advise it in the event that it is in a dispute that will be resolved by arbitration.

Why use a barrister?

• Barristers are experts in the law. They will provide well informed and rigorously objective advice on the merits of your case and the chances of success – whether your company is presenting a claim or mounting a defence against someone else’s claim.
• Barristers will assist with the written documentation to be used in the arbitration, such as the original request for arbitration and statements of case. They are experts in sifting evidence that is relevant for your case and will be in your best interests.
• Barristers are expert advocates. They will argue your case before the arbitration panel (or the arbitrator, if there is only one) to the highest standard of excellence. They are extremely familiar with the cross-examination of witnesses, including expert witnesses who are often brought in on arbitrations.
• Barristers provide independent and cost-effective advice. As self-employed practitioners, they do not have the overheads associated with law firms.
• Many clients of barristers are repeat customers, who have grown to trust and rely on the personal knowledge and expertise of a particular barrister, often preferring it to the institutional experience of consulting a large law firm.

We always recommend you involve a barrister at the earliest possible point before the dispute becomes difficult and the parties’ positions become entrenched.

Barristers can then advise on the strategy and tactics since they will have a clear sense of how disputes can best be resolved.  They will offer clear, practical advice that is in your best interests, so that even where the law may be completely on your side, it may still be in your best long-term commercial interests to reach a settlement.