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Employment Arbitration

The vast majority of LLP agreements contain arbitration clauses requiring ultimate resolution of disputes between members and the LLP by way of arbitration. Increasingly, employers are also including arbitration clauses in employment documentation, and opting to have disputes with employees resolved in the same manner. 

Helping employers to understand whether arbitration is right for them

There is considerable benefit in the privacy, flexibility, and certainty offered by arbitration, particularly where disputes relate to pay or bonuses, post-termination restrictive covenants, or breaches of confidence. Of course, arbitration is not for everyone and there are potential downsides. Amongst other things, employers cannot force employees to arbitrate statutory claims, the arbitral process may not lend itself naturally to obtaining interim relief, and arbitration can be more expensive than normal litigation.

Working closely with our highly experienced International Arbitration team, we are adept at helping clients understand whether arbitration is right for them. Where clients wish to incorporate arbitration clauses into employment contracts, we produce tailored clauses which are designed to place employers in the best possible position in the event of a dispute with an employee or former employee.

Guiding employers and employees through the arbitral process

Where matters turn contentious, we are able to bring our deep and historic expertise in high-value and complex employment litigation to bear in an arbitration setting. Acting for both employers and employees, and leveraging the extensive know-how of our International Arbitration team, we are able to guide clients through the arbitral process, with experience in a variety of settings including the London Court of International Arbitration (LCIA), the International Chamber of Commerce (ICC), the Stockholm Chamber of Commerce (SCC), the Singapore International Arbitration Centre (SIAC), the Hong Kong International Arbitration Centre (HKIAC) and many other institutions, as well as ad hoc arbitrations under the UNCITRAL Arbitration Rules.

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