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Arbitration

Arbitration is a means of dealing with disputes in a confidential process. It is similar to court litigation in that there is usually a hearing with witnesses and cross examination, with experts often involved. For construction and infrastructure projects, both in the UK and worldwide, arbitration is often specified in the contract as the procedure that must be used. In particular, many of the standard form contracts, such as FIDIC, JCT, ICE and NEC specify arbitration. Members of Keating Chambers have vast experience of domestic and international arbitration and are recognised as leaders in this field, both as counsel and independent arbitrators.   

 

Arbitrators  

As the decisions of an arbitrator or tribunal are binding on the parties, it is important to make an informed choice when selecting your arbitrator(s). Given our wealth of experience and specialist expertise in construction, engineering and infrastructure arbitrations, Keating Chambers is regarded as one of the leading sets to go to when seeking to appoint an arbitrator.  

Members are familiar with the rules of leading arbitral institutions and are often appointed by those governing bodies, as well as directly by the parties themselves or by agreement of their co-arbitrators. They accept arbitrator appointments, either as sole arbitrator, chair or tribunal member.  Our highly experienced arbitrators include members whose sole or primary practice is as an arbitrator, as well as members whose practice is divided between counsel and arbitrator appointments. 

By its nature, much of the work in this field is highly confidential and commercially sensitive but the subject matter of the disputes tends to be large scale construction, infrastructure and energy projects.  

Keating Chambers has a dedicated team of ADR clerks to provide the necessary separation when we have both counsel and arbitrator engaged in the same dispute. Please email adrclerks@keatingchambers.com to find out more. 

 

Counsel 

Members of Keating Chambers are regularly instructed as counsel in both domestic and international arbitrations across our core areas of practice. Examples of recent UK domestic arbitration work undertaken by our members is listed below. For further information on our international experience, please visit our International Arbitration page

  • Advising in a multi-million pound arbitration relating to the London Underground scheduled for a six-week hearing. 
  • Appearing in a two-week arbitration of a breach of warranty dispute arising from the presence of sulphates on the site of a large residential estate in the Midlands. 
  • Acting for a Channel Tunnel Rail Link Joint Venture in the arbitration of disputes on ‘cut and cover’ sections of tunnelling, and on liquidated damages and related issues. 
  • Advising in a dispute between a railway industry manufacturer and a national rail company arising from a contract for the design, manufacture and supply of rolling stock units. 
  • Acting for a waste management corporation in the arbitration of a £5 million dispute arising from a Midlands landfill project. 

Barristers at Keating Chambers are also instructed in arbitration-related court applications in the High Court, Court of Appeal and Supreme Court. This includes applications relating to emergency injunctions, the enforcement of awards, and challenges/appeals against awards. 

Related Barristers

Alexander Nissen KC
Alexander Nissen KC
Professor John Uff CBE KC
John Uff KC
Dr Christopher Thomas KC
Christopher Thomas KC
John Marrin KC
John Marrin KC