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Don't Litigate ... Arbitrate


Don't Litigate ... Arbitrate

Don't Litigate ...

PI and Clinical Negligence Litigation in England and Wales is:

  • Slow;
  • Expensive;
  • Old fashioned; and
  • It's all done on paper!

... Arbitrate !

The benefits of PIcArbs Arbitration are:

  • No court fees
  • Faster start to end times, efficiency and cooperation
  • Reduced legal costs
  • Control over the procedure and the evidence
  • No costs budgeting
  • e-filing and e-service, online files and paperless hearings
  • Specialised, experienced and independant, barrister arbitrators


“PIcArbs Arbitration should be used more in catastrophic injuries cases”

David Fisher APIL Brain and Spinal injuries conference 2018

“You should be using PIcArbs arbitration “

Colin Ettinger APIL Brain and Spinal injuries conference 2018

"This was the first time we had used the PIcArbs Arbitration System, it was a refreshing change to the usual litigation process. Access to the Arbitrator was quick and efficient. We found that it promoted negotiation between the parties which resulted in a sensible and open claim’s process. We would be more than happy to submit future claims through this Arbitration process and we thank Mr Rowley QC for his prompt and supportive responses to the party’s queries."

Lisa Smith - Barrister - Thorneycroft Solicitors

QC Arbitrators

for cases over £250,000

Barrister Arbitrators

for cases of £25,000 - £249,000

Our panels are highly experienced barristers from the leading chambers

We take a collegiate approach to help parties resolve their claims

Meet the arbitrators here

The Pre-action Protocols encourage Arbitration ...

The pre-action protocols require parties to consider arbitration stating:

“Litigation should be a last resort. As part of this Protocol, the parties should consider whether negotiation or some other form of Alternative Dispute Resolution (“ADR”) might enable them to resolve their dispute without commencing proceedings. ... options for resolving disputes without commencing proceedings are: ...

(c) arbitration, a third party deciding the dispute; and

(d) early neutral evaluation, a third party giving an informed opinion on the dispute.”

How do you propose Arbitration?

Can we Arbitrate the costs issues?

PIcArbs and CADR have combined to provide a fast and efficient costs arbitration system to resolve any costs issues after the substantive arbitration is completed.

Assessment start to finish takes 3 months using e-filing and experienced costs arbitrators:

Read more here

Who is Arbitrating?

Clyde & Co/PIcArbs pilot: AXA (& 2 other major insurers) with 12 leading claimant firms.

Sabre Insurance: “We are putting a cohort of cases over £200,000 through”.

NHS Resolve: “We are open to arbitration…” “In order to make ADR (of whatever kind) culturally normal we suggest that there be a requirement to engage ...”

Lawyers: Medical Solicitors; Royds Withy King; Penningtons; Shoosmiths; Stewarts Law; Clyde & Co; Morris Orman Hearle; Keoghs; Dean Wilson; Osbornes; Hodge Jones; Gadsby Wicks; Fletchers; Foot Anstey; Michelmores; Girlings; 2020 Legal; Thomson Snell and Passmore; CFG Law; Admiral Law; Hugh James; Slater & Gordon and many more …

Mediation, Arbitration or Neutral Evaluation?

Arbitration is binding, mediation is not.

Neutral Evaluation is part of PIcArbs Arbitration system, the Parties request it once sufficient evidence is e-filed.