Barristers in the international legal market The Bar Council Integrity Excellence Justice
How barristers can help Why England and Wales? List of barristers chambers Specialist Bar Associations
Introduction Barristers in England and Wales provide clients with high quality advocacy and legal advisory services all around the world. The Bar is an outward-looking profession, providing services in an increasingly globalised legal market. Barristers in independent practice have low overheads and offer their services domestically and internationally at competitive rates. Lawyers and clients from other jurisdictions may instruct barristers directly, without using a domestic law firm, in a range of international transactions and disputes. Barristers act as legal representatives, but can also act as adjudicators, arbitrators and mediators. This guide focuses on how barristers can help to provide solutions to a wide range of disputes and non-contentious legal problems. It explains the role of barristers and how they are well placed to assist with many types of legal issues. The guide also explains how you can instruct a barrister and features a list of barristers chambers which offer international legal services. How barristers can help The Bar Council The Bar Council represents and, through the independent Bar Standards Board (BSB), regulates over 15,500 barristers in England and Wales in self-employed and employed practice. The Bar Council promotes: The Bar s high quality specialist advocacy and advisory services Fair access to justice for all The highest standards of ethics, equality and diversity across the profession, and The development of business opportunities for barristers at home and abroad. 1
410 Chambers 15,500 practising barristers About barristers A barrister is a specialist advocate, trained to present a case orally before courts, arbitrators or other tribunals in a way that is most likely to be attractive to a judge and other decision makers. The core of many barristers work is advocacy and advising on actual or potential disputes. This work includes drafting written statements of case, briefs or memorials, advising on legal merits and presenting written and oral arguments. Although most barristers are individual practitioners who are self-employed, they often join together with other barristers and share premises in what are called sets of chambers. Most barrister s chambers specialise in particular areas of law. Importantly, they retain full independence from each other as they do not share profits. Each set has its own website where you can find out more information (see page 13). Barristers can be instructed, like consultants, on a case-by-case basis and always focus on the best interests of the client. A barrister will carry out the work personally and will not usually delegate to a team of employees. Instructing a barrister is generally more costeffective than employing a law firm because barristers have significantly lower overheads owing to their practice model. Since barristers work like consultants they generally do not compete with law firms and are therefore ideal partners for international firms seeking English and Welsh law expertise which they may be lacking in-house. How have barristers helped? Acting on behalf of 15,600 claimants, and in three representative claims, in litigation arising out of two huge oil spills in the Niger Delta. 2
How barristers can help Barristers frequently advise or appear as advocates in international disputes, whether as specialist legal representatives acting for a client or in a quasi-judicial capacity, acting as arbitrators or adjudicators, or as mediators. They are able to advise clients in contentious as well as non-contentious matters, such as corporate work. Barristers specialise in one or more particular sectors and offer a high degree of knowledge in their fields of practice. They regularly appear in international arbitrations and international courts, such as the International Criminal Court. All barristers have full rights of audience, which means they are permitted to appear in all of the courts of England and Wales, and some have rights of audience in foreign courts, notably in other common law jurisdictions, such as Hong Kong, Singapore, Dubai or parts of the Caribbean. Appeared before the Administrative Tribunals of the International Labour Organisation in Geneva and the Asian Development Bank in Manila. Assisting with a claim in excess of $50 million being brought by liquidators against a Hong Kong solicitor who was a non-executive director of a holding company. The trial is due to be heard in Hong Kong. 3
Specialist advocates Barristers have a wealth of experience to draw upon when guiding their clients through the many challenges of international litigation and arbitration. Some of the services which barristers can provide include: Presenting oral and/or written submissions to the relevant court or tribunal on their client s behalf including expert cross-examination of witnesses where oral evidence is given Drafting documents setting out their client s case, and assisting with the preparation of witness statements and other evidence Suggesting appropriate expert witnesses and advising on their suitability, and Acting as expert witnesses in other jurisdictions courts or tribunals on questions of English and Welsh law. At all stages a barrister will give objective and independent advice as to the prospects of success, identify any weaknesses in the case, and advise as to what evidence is necessary to prove their client s case. From the outset, a barrister will advise on strategy, drawing on his or her considerable experience of litigation and arbitration. International clients frequently find that coming straight to a barrister when there is the prospect of a dispute saves considerable time and expenditure. This is because barristers can often advise on the strategic options, success chances and evidentiary requirements more speedily and accurately. They are also well placed to advise on which law firms to instruct, should additional litigation and arbitration support be required. How have barristers helped? Representing the Russian Federation in its defence against enforcement proceedings brought by former shareholders in oil firm Yukos, following a $50billion arbitration award in 2014, believed to be the largest arbitration award ever made and listed among The Lawyer s Top Twenty Cases of 2016. 4
Advisory work Barristers frequently advise on contentious and non-contentious legal matters across a broad spectrum of industries, including tax, corporate and commercial matters, disputes and company law. As trial lawyers, barristers will have seen how a particular issue may be approached by a court or an arbitral panel. They can apply that experience and knowledge to matters such as structuring companies and many other fields of non-contentious work. Some barristers develop highly specialised practices in which they become leading experts on some of the most difficult legal issues. English and Welsh solicitors and firms of foreign lawyers frequently instruct specialist barristers to advise upon points of law that arise in complex cases. Specialist arbitrators and mediators Barristers can be appointed to sit as arbitrators under all of the main arbitral bodies in the world, not just when the seat of the arbitration is England or Wales. Their expertise in alternative dispute resolution (ADR) has led to barristers being appointed as mediators, adjudicators and on dispute resolution boards. Expert witnesses Barristers can provide expert evidence on the law of England and Wales for overseas courts and arbitration proceedings. This expertise may be in written or oral form and may include attendance at court or proceedings overseas. It can be on any aspect of the law from contractual disputes or divorce, to anti-corruption or trusts.. Specialist counsel deposed as an expert on UK Health and safety law for DuPont in New York in a multi million dollar commercial case. 5
Working as part of a team Clients frequently retain barristers to work together as a team, often alongside other legal professionals. Barristers are flexible in their working methods and are used to working as part of a team with their clients and other legal advisers. Sometimes a barrister will provide specific advice and assistance as required, and sometimes a barrister s role is to lead the team. Queen s Counsel (QC) will generally lead a team in the conduct of substantial arbitration or litigation. QC is a mark of professional excellence. There are over 12,700 barristers in private practice in England and Wales, but only just over 1,600 QCs. To become a QC, a barrister must go through a rigorous and transparent selection process. The mark of a QC is recognition that a barrister has achieved the highest standard as an advocate. Representing thousands of South African gold miners who contracted silicosis as a result of their working conditions over a period of 20 years. Appearing on behalf of an M&E sub-contractor in an ad hoc arbitration in the Gulf in a complex claim for loss and expense, delay and disruption in connection with the construction of a major new shopping mall. Acted for company directors before the World Bank s Sanctions Board in Washington DC. 6
Why England and Wales? Parties frequently choose English and Welsh law as the law under which to resolve disputes arising from international contracts, even though the subject matter and the parties may have no other connection with the jurisdiction of England and Wales. English and Welsh law is by far the most popular choice of law in the commercial field worldwide. London has been a well-known centre for all types of dispute resolution for many years. As one of the leading financial and commercial centres in the world, a large number of high-value transactions are concluded in London in fields such as financial services and banking, insurance, energy, aviation, shipping and international trade. London offers clients an exceptional collection of specialist lawyers and judges as well as many experts in other fields. Why England and Wales? The popularity of London is demonstrated by the fact that around 80% of cases in the Commercial Court have at least one party from abroad whereas around 50% of the cases have no connection to England and Wales other than the choice of the parties to resolve their dispute in this jurisdiction. English and Welsh law is a highly developed system which offers a greater degree of legal certainty than most others. It is based on precedent and relies upon previous decisions. It is usually possible to find answers under English and Welsh law to the particular legal questions that arise by reference to decided cases and the reasoning applied in those cases. A party seeking to enforce an international arbitration award for $150 million in England amidst allegations that the award was procured by fraud. Appeared before the Privy Council, successfully appealing judgments from the Eastern Caribbean Courts in favour of the Government concerning a Joint Venture for the construction of a power plant and power purchase agreement in Antigua. 7
410 Chambers Internationally...recognised for advocacy services 1500 members of the Bar now receive instructions from abroad 40% of governing law in all global corporate arbitrations is English Law 27% of the worls s 320 legal jurisdictions use English common law Increase in net exports of UK legal services, up 11% to a record 3.6bn (2014) The CityUK report, UK Legal Services 2016: Legal Excellence, Internationally Renowned 8
80% of cases in the Commercial Court have at least one party from abroad whereas 50% have no connection to England and Wales Commercial and civil disputes were resolved through arbitration, mediation and adjudication in the UK in 2015 22,000 Arbitration Mediation Specialist services Arbitrationcosts in the UK are 18% lower than other European countries Chartered Institute of Arbitrators 9
Appeared before the United Nations Appeals Tribunal in New York City for a case arising out of a dispute at the International Tribunal for the Law of the Sea in Hamburg. Acting for the Mexican buyer of an oil rig built in Singapore in an arbitration concerning post-delivery defects.. Acting for the Government of Jordan in an investor-state claim challenging the lawfulness of a taxation measure under a bilateral investment treaty. Acting as Amicus Curae in 35 death penalty appeals before Ugandan Court of Appeal. Appeared at the UNECE Aarhus Convention Compliance Committee hearing communications brought by the HS2 Action Alliance.
Specialist judges and court facilities One of the main advantages of London to international parties is its judiciary. It is drawn from the most experienced practitioners, and has an established and world-wide reputation for efficiency, speed, consistency and incorruptibility. English and Welsh judges are used to receiving and evaluating evidence against other systems of law, where a dispute is to be decided in England, wholly or partially applying another system of law. The purpose-built Rolls Building opened in the heart of London in 2011, bringing together all the specialist judges from the Commercial Court, Technology and Construction Court, the Patents Court and the Chancery Division. It provides 31 courtrooms (including three very large super courts ), 11 hearing rooms (for related work such as bankruptcy hearings), 55 public consultation rooms, and improved IT infrastructure for parties involved in proceedings. It contains the largest concentration of specialist commercial judicial expertise anywhere in the world. The Rolls Building is also home to the Financial List, a specialist list set up in 2015 to handle complex, cross-jurisdictional and high value claims related to the financial markets. A key feature of the list is the particular financial expertise and experience of the nominated judges responsible for cases allocated to them from inception through to enforcement. The Financial List improves just dispute resolution and ensures that the English and Welsh courts adapt to the needs of the international financial community. 11
How to instruct the right barrister International lawyers and clients can instruct barristers easily and directly, without the use of a domestic law firm. This enables foreign lawyers direct access to a legal specialist without the need to lose time or incur expense through an intermediate English and Welsh lawyer. Full details of the rules governing international direct access to the Bar can be found at: http://www. barcouncil.org.uk/using-a-barrister/how-to-instruct-a-barrister/. To facilitate this direct access, the Bar Council has launched a third-party escrow account service, called BARCO, which manages the funds to facilitate on-going legal services provided by lawyers in England and Wales. This development has made it easier than ever before to work with the Bar. For more information, please visit: http://www.barcouncil.org. uk/supporting-the-bar/barco/. Barristers are still largely instructed via domestic law firms. The Bar Council produces several brochures for international clients: visit http://www.barcouncil.org.uk/using-abarrister/information-for-international-clients/. You can also view the Bar Council List of Mediators, available at: http://www.barcouncil.org. uk/using-a-barrister/find-a-barrister/mediation-directory/. The next section features advertisements from sets of chambers that specialise in international work. You can go to the chambers websites to get more information and ascertain a barrister s availability through the barristers clerks. The clerks/practice managers will be able to provide approximate costs and any further information that you need. 12
List of barristers chambers Sets of chambers which specialise in various aspects of international work are listed below. 1 Atkin Chambers 14 One Essex Court 28 7 Bedford Row 14 Outer Temple 29 Blackstone Chambers 15 3PB 29 Bretton Woods Law 15 4 Pump Court 30 Chambers of Andrew Mitchell QC 16 6 Pump Court Chambers 30 Charter Chambers 16 Pump Court Tax Chambers 31 Cloisters 17 Quadrant Chambers 31 Crown Office Chambers 17 Radcliffe Chambers 32 Erskine Chambers 18 Richmond Chambers 32 39 Essex Chambers 18 Serle Court 33 Essex Court Chambers 19 4 Stone Buildings 33 20 Essex Street 19 9 Stone Buildings 34 Falcon Chambers 20 St Philips Stone Chambers 34 Field Court Tax Chambers 20 Tanfield Chambers 35 1 Garden Court 21 Temple Garden Chambers 35 Garden Court International 21 Ten Old Square 36 Hardwicke 22 Three New Square 36 Henderson Chambers 22 Three Raymond Buildings 37 6 KBW 23 Three Stone Chambers 37 7 KBW 23 3 Verulam Buildings 38 11 KBW 24 Wilberforce Chambers 38 Keating Chambers 24 XXIV Old Buildings 39 12 King s Bench Walk 25 Kings Chambers 25 Landmark Chambers 26 Maitland Chambers 26 Matrix Chambers 27 Monckton Chambers 27 4 New Square 28 List of barristers chambers 1 Chambers listed have contributed to the cost of producing this publication. 13
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For further information, contact the International team E: IntlEvents@BarCouncil.org.uk T: +44 (0)20 7611 1321 40
Listed below are the Specialist Bar Associations (SBAs) together with website details. These SBAs represent barristers practising in particular areas, usually evident from the name of the SBA, together with contact details. Most SBAs also have websites which provide useful information about barristers and chambers and the areas of work they specialise in. Administrative Law Bar Association www.adminlaw.org.uk Bar Association for Commerce Finance and Industry www.bacfi.org Bar Association for Local Government and the Public Service www.balgps.org.uk Bar European Group www.bareuropeangroup.org.uk Chancery Bar Association www.chba.org.uk Commercial Bar Association www.combar.com Criminal Bar Association www.criminalbar.com Employment Law Bar Association www.elba.org.uk Family Law Bar Association www.flba.co.uk FDA www.fda.org.uk Intellectual Property Bar Association www.ipba.co.uk Specialist Bar Associations Midland Chancery and Commercial Bar Association Northern Chancery Bar Association www.nchba.co.uk Northern Circuit Commercial Bar Association Parliamentary Bar Mess Personal Injuries Bar Association www.piba.org.uk Planning and Environmental Bar Association www.peba.org.uk/ Professional Negligence Bar Association http://pnba.co.uk/ Property Bar Association www.propertybar.org.uk Public Access Bar Association www.paba.org.uk Revenue Bar Association www.revenue-bar.org Technology and Construction Bar Association www.tecbar.org Western Chancery & Commercial Bar Association Specialist Bar Associations London Common Law and Commercial Bar Association www.lclcba.com 41
Registration Integrity. Excellence. Justice. The Bar Council represents barristers in England and Wales. It promotes: The Bar s high quality specialist advocacy and advisory services Fair access to justice for all The highest standards of ethics, equality and diversity across the profession, and The development of business opportunities for barristers at home and abroad. The Bar Council Integrity. Excellence. Justice. 42