It is encouraging to read some positive news regarding Brexit, although only time will tell whether the prediction is accurate or not. 

Where parties to a dispute are looking for flexibility, finality, confidentiality and enforcement, then arbitration could be a welcome alternative. 

Presently arbitral awards are governed by the New York Convention, which includes rules regarding enforcement of awards. What makes arbitration an attractive alternative to traditional Court proceedings is that it provides certainty over the ability to enforce awards within any of the numerous countries who are a party to the New York Convention. 

This is what some people believe will lead to the increase in disputes being referred to arbitration, as there remains uncertainty over the ability to enforce traditional Court awards in the European Union. 

Typically disputes are referred to arbitration where the contract provides for a referral in place of traditional Court proceedings. 

If you have a dispute and are unsure whether it is suitable for arbitration then please contact Sophie Samani on 0121 214 1215 or sophie.samani@shma.co.uk