Arbitration & Mediation

Whilst many members of Chambers have significant arbitration or mediation experience having been involved in domestic and international arbitrations and mediations over the course of the last 20-30 years, South Square has now created a special Arbitration and Mediation Unit formally recognising arbitration and mediation as an independent and separate category of expertise which its members and associate members offer.

In addition to operating in relation to the commercial, banking and finance, company, insurance, civil fraud, sport, trusts and property and offshore fields, the South Square Arbitration and Mediation Unit has something extra and important to offer in the arbitration and mediation field that no others can even try to rival: arbitration and mediation in the restructuring and insolvency world, restructuring and insolvency being an area where South Square is already a renowned global leader.

Arbitration and mediation in the field of restructuring and insolvency is a developing area which seeks to avoid the costs and delays of formal insolvency proceedings whilst at the same time simplifying the processes and making them more flexible so that they can be used to good effect both in domestic and cross-border situations. Although arbitration or mediation may not be suitable for all restructuring and insolvency matters (e.g. core insolvency disputes, such as the making of a winding up order), they can co-exist and the number where it is apposite as a way of providing a solution to problems is increasingly being recognised (e.g. where the Court grants leave for an arbitration to continue or where the relevant insolvency practitioner is agreeable either to arbitration or mediation).

Arbitrators

In addition to sitting as an arbitrator, either singly or as part of a panel, in relation to commercial and other matters, South Square has an unrivalled collection of senior lawyers who can, have or are willing to act as arbitrators in relation restructuring and insolvency matters. From Michael Crystal KC and the more senior members of South Square (Mark Phillips KC, David Alexander KC, Glen Davis KC, Barry Isaacs KC, Felicity Toube KC, Mark Arnold KC, David Allison KC, Tom Smith KC, Daniel Bayfield KC, Richard Fisher KC and Stephen Robins KC) in London to The Honourable Frank Newbould KC in Canada, The Honourable Paul Heath KC in New Zealand and Professor Dr Christoph G Paulus EM in Germany (all of whom are willing to act as an arbitrator in the UK), South Square has someone appropriate to sit as an arbitrator for most sets of circumstances.

Arbitration

Members of Chambers in South Square have regularly appeared or advised as Leading and Junior Counsel in arbitrations administered by, for example, the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA) and the Court of Arbitration for Sport. For a list of those South Square members who can and will act as Counsel in arbitrations please see below.

Mediation

South Square members have been involved in countless mediations, whether in relation to cases in which they are already involved as barristers or in cases where they are engaged specifically for the purposes of a mediation or where they are engaged as the mediator. For a list of those who will act as mediators please click here. For a list of those members of South Square who can and will appear as Counsel in mediations please see below.

Contacts

If you wish to consider engaging any member or associate member of South Square as an arbitrator or mediator or as Counsel in an arbitration or mediation, please contact Practice_Managers@southsquare.com

Article / Arbitration and Insolvency: Clash of Cultures? March 2022
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