Expert Arbitration Services for Dispute Resolution

A time-tested, cost-effective alternative to litigation in which the parties choose to resolve their dispute by way of private resolution, instead of appearing before a court.

Arbitration occurs with the submission of a dispute to one or more impartial third parties in order to obtain a decision, known as an ‘award’. Awards are made in writing, and are generally final and binding on the parties in the case.

The Main Principles of Arbitration

Arbitration is consensual

Arbitration can only take place if both parties have agreed to it by way of an arbitration clause in a contract.

The parties choose the arbitrator(s)

From one to three arbitrators, whom the parties can stipulate, must have specified experience and qualifications.

Arbitration is neutral and confidential

Parties to the dispute can choose a neutral law, venue and language of the arbitration. This allows them to ensure that no party enjoys a home court advantage and that the decision made is generally final and thus easy to enforce.

The Arbitration Process at Acumum

At Acumum, we guide you through a structured and transparent arbitration process designed for clarity and efficiency. While each case is unique, the typical journey involves:

  1. Initial Consultation & Agreement: We begin by understanding the nuances of your dispute and confirming that all parties have agreed to arbitrate.
  2. Appointing the Arbitrator(s): Together, we select a neutral, impartial arbitrator (or panel of arbitrators) with the relevant expertise for your specific case.
  3. Preliminary Meeting: The arbitrator holds a meeting to establish the procedure, deadlines, and scope for submitting evidence and arguments.
  4. Submission of Claims & Evidence: Both parties submit their statements of claim, defences, and supporting documents according to the agreed schedule.
  5. The Hearing: A private hearing is conducted where each party presents its case, witnesses, and expert testimony. This is less formal than a court trial.
  6. The Award: After the hearing, the arbitrator delivers a final, legally binding decision known as an ‘award’.

Cost-effective resolution

We recognise that arbitration and litigation can be both time consuming and costly. Our aim is to quickly resolve disputes in accordance with your wishes and to help you achieve your goals.

Court and tribunal litigation

For matters relating to commercial and corporate, or personal, private matters, litigation before courts may be the only way to resolve a dispute.

We provide clear advice and definitive steps as to how your matter may proceed, in the most cost-effective way.

Counsel’s Opinions

Relied on by both companies and courts as the definitive advice on the law, Counsel’s Opinions can be used in a number of ways, for instance, to gauge the value and worth of a claim, or to advise on the law’s application to a dispute.

After reviewing a matter, we can produce considered, expert opinions.

Our Expertise in Cross-Border Arbitration

As Maltese and UK advocates and barristers, we are able to provide representation in cross-border disputes, before national and international courts and tribunals.

Counsel’s Opinions

Advocates and barristers

The last resort option

Sometimes business or personal matters do not go as planned. We provide arbitration and litigation services when they don’t.

Our highly experienced advocates and barristers appear for both plaintiffs and defendants before courts and tribunals, in a wide range of matters.

Specialised Arbitration for Diverse Industries

Our arbitrators possess deep industry-specific knowledge, enabling us to manage complex disputes across a wide range of sectors. Geraldine Noel, our managing barrister, is an appointed Arbitrator to the Malta Arbitration Centre, authorised to act on panels for:

Aviation
Blockchain and finance
Condominium Disputes
Employment and Industrial Relations
Energy and Resources
General Commercial
Healthcare and Pharmaceuticals
Hospitality and Leisure
iGaming
Insurance
Sport
Technology, Media and Telecommunications

UK services

For matters arising in the UK, or having aspects relating to English law, we can provide litigation and arbitration services via our associated barristers’ chambers, Acumum Chambers LLP. Acumum Chambers LLP is authorised as an Alternative Business Structure to provide reserved legal activities via the Bar Standards Board and the General Council of the Bar of England and Wales.

Services provided by Acumum Chambers LLP, which are reserved legal activities, are provided by English licensed barristers, and Acumum Chambers LLP managing barrister, Geraldine Noel.

Frequently Asked Questions About Arbitration

The primary difference is that arbitration is a private process where a neutral third party (the arbitrator) makes a binding decision, whereas litigation is a public process conducted in a court of law before a judge. Parties in arbitration have more control over the process, including choosing the arbitrator and setting the rules.

Yes. An arbitral award is final and legally binding on all parties. It can be enforced through the courts in the same way as a court judgment. The grounds for appealing an award are typically very limited, which provides certainty and finality.

Arbitration is generally faster because the process is more flexible, with fewer formal procedures and delays than court litigation. This streamlined process often translates into lower legal fees and associated costs, making it a more cost-effective solution for resolving disputes.

Absolutely. Arbitration is the preferred method for resolving cross-border and international disputes. Its neutrality, confidentiality, and the international enforceability of awards under treaties like the New York Convention make it an ideal forum for parties from different jurisdictions. Acumum specialises in handling such complex cross-border cases.