Arbitration

Walkers’ Global Arbitration Practice has significant experience advising across the full spectrum of arbitration related issues ranging from the drafting of legally binding and effective agreements to arbitrate, through to the recognition and enforcement of international arbitral awards.

In all jurisdictions in which we operate, arbitration is becoming increasingly prevalent as an effective and reliable alternative form of dispute resolution, with confidentiality and flexibility remaining the cornerstone of its appeal.

Walkers act on all arbitrations governed by the substantive laws of the Cayman Islands, BVI, Bermuda, Jersey, Guernsey and Ireland (the "Offshore Jurisdictions"), whether as lead counsel when the arbitration is seated in those jurisdictions, or where applicable, as co-counsel in all other jurisdictions in conjunction with onshore counsel. Walkers' arbitration practitioners also accept appointments to act as sole or co-arbitrator on all arbitrations seated in and/or governed by the substantive laws of the Offshore Jurisdictions.

Recent developments which serve to recognise the increasing importance and popularity of arbitration in the Offshore Jurisdictions include:

  • The enactment of the following laws, which are all based on the UNCITRAL Model Law on International Commercial Arbitration:
    • The Arbitration (Guernsey) Law, 2016
    • The Arbitration Act, 2013 (BVI)
    • The Arbitration Law, 2012 (Cayman Islands)
    • The Arbitration Act, 2010 (Ireland)
  • The establishment of the BVI International Arbitration Centre (BVI IAC).
  • A Chartered Institute of Arbitrators (CIArb) Caribbean Branch, including dedicated chapters for the BVI and the Cayman Islands.
  • Formation of the Cayman Islands Association of Mediators and Arbitrators (CIAMA).

The range of services provided by Walkers' Global Arbitration Practice includes:

  • Advising on the suitability of arbitration as the effective means of dispute resolution.
  • Negotiating and drafting arbitration clauses in accordance with the applicable arbitration laws of the Offshore Jurisdictions.
  • Advising on procedural steps under a variety of leading institutional international arbitration conventions and rules, such as AAA, ARIAS, HKIAC, ICDR, JAMS, LCIA, ICC and SIAC as well as ad hoc arbitrations (including those governed by UNCITRAL Arbitration Rules).
  • Anti-suit injunctions and stay of proceedings in support of agreements to arbitrate.
  • Pre-action applications in support of arbitration proceedings and enforcement of arbitral awards, such as Norwich Pharmacal relief and extensions of time for commencement of arbitration.
  • Court applications for interim measures in support of arbitration proceedings such as for preservation of evidence and assets, appointment and removal of arbitrators, security for costs, determination of preliminary points of law, production of documents, subpoena of witnesses to attend and give evidence, and extensions of time for the rendering of awards.
  • Conduct of and representation in arbitration proceedings in the Offshore Jurisdictions, as well as court applications in support of arbitration proceedings.
  • Advising on jurisdictional objections and applications before tribunals concerning preliminary issues such as joinder, restrictive measures and peremptory orders.
  • Providing expert evidence and assistance on the laws of the Cayman Islands, BVI, Bermuda, Jersey, Guernsey and Ireland for the purposes of foreign arbitration proceedings.
  • Recognition and enforcement of interim and final arbitral awards before the domestic courts, including setting aside of awards and challenges to enforcement.
  • Advising on the interplay of other forms of alternative dispute resolution, such as mediation and expert determination.

BERMUDA
Peter DunlopPartnerT +1 441 242 1524 peter.dunlop@walkersglobal.com

BRITISH VIRGIN ISLANDS
Rosalind NicholsonPartnerT +1 284 852 2237rosalind.nicholson@walkersglobal.com

CAYMAN ISLANDS
Andrew GibsonSenior CounselT +1 345 814 4573andrew.gibson@walkersglobal.com

GUERNSEY
Sarah BrehautPartnerT +44 (0)1481 748 930sarah.brehaut@walkersglobal.com

IRELAND
Gavin SmithPartnerT +353 1 470 6674gavin.smith@walkersglobal.com

JERSEY
Nigel SandersPartnerT +44 (0) 1534 700 862nigel.sanders@walkersglobal.com

LONDON
John O'DriscollPartnerT +44 (0)20 7220 4987john.o'driscoll@walkersglobal.com

SINGAPORE
Robert FootePartnerT +65 6603 1695robert.foote@walkersglobal.com

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