Combining peerless legal expertise with real-world commercial pragmatism

Arbitration and Mediation for insolvency, restructuring, and financial disputes

If you require arbitration and mediation services in the restructuring and insolvency and wider financial law sphere, there is no better set to turn to than South Square. We fuse our global pre-eminence in restructuring and insolvency law with our decades of experience in domestic and international arbitrations and mediation to offer our clients pragmatic and commercially astute advice when resolving disputes out of court.  Indeed, the co-chairs of the INSOL ADR Colloquium, a collection of the preeminent thought leaders in this field are Paul Heath KC from New Zealand and Felicity Toube KC from the UK, both members of South Square.

Our silks and juniors also stand in a class of their own when it comes to arbitration and mediation expertise in the commercial, banking and finance, company, insurance, civil fraud, sport, trusts and property, and offshore fields. The cases we are routinely involved in range from mid-market domestic deals to international disputes worth into the tens of billions.

South Square barristers specialising in arbitration

Our members regularly appear or advise as Leading and Junior Counsel in arbitrations administered by the leading arbitration institutions, including the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), the Singapore International Arbitration Centre (SIAC) and the Court of Arbitration for Sport, to name but a few. Members have also been involved in ICAEW and Financial Reporting Council tribunal hearings involving the professional conduct of insolvency practitioners.

What is more, Members of South Square’s team are also highly experienced in acting as arbitrators themselves, either singly or as part of a panel. As well as our ADR members, our senior barristers are experienced in arbitrating restructuring and insolvency matters.

South Square barristers specialising in mediation 

And we also have considerable expertise in mediation: our members have been involved in countless mediations, whether in matters they are already acting on as barristers or in cases where they are engaged specifically for the purposes of a mediation or, indeed, where they are engaged as the mediator.

So whatever the subject area or the size of the matter, there is a level-headed, intellectually rigorous and consummately professional member of the South Square team with the necessary expertise to help you resolve the issue outside the civil courts, thereby saving you time, money and any unwanted public attention.

For more information about our ADR, arbitrator and mediator service click here.

FAQs 

What is arbitration? 

Arbitration is a way of settling a dispute without having to go to court. The claimant and the respondent both put their case to an independent arbitrator. The arbitrator listens to both sides, looks at the evidence and decides what the outcome should be.  The arbitrator’s decision is legally binding.

What is mediation?  

Mediation is a flexible and confidential process used to settle a dispute between two or more people, businesses, or other organisations. It involves appointing a mediator, who is an independent and impartial third person, to help the parties talk through the issues, negotiate, and come to a mutually agreeable solution.

Can you use arbitration to resolve insolvency disputes? 

The short answer is yes.  If you would like to read more about using ADR in insolvency and restructuring disputes you should read this article written by our experts:

Arbitration and Insolvency – A Clash of Cultures?