Nine colleagues around a boardroom table in a London office, mid-discussion

Commercial Dispute Resolution and Arbitration for UK Businesses

Commercial disputes can become expensive long before anyone enters a courtroom.

  • Fixed fees agreed first
  • Direct access to the lawyer
  • Non-reserved legal services

A disagreement over a contract, unpaid invoice, supplier failure, shareholder issue, earn-out or restrictive covenant can quickly affect cash flow, management time and the wider business relationship.

We help businesses assess their position early, understand the evidence, negotiate from a clear position and prepare for arbitration where the contract requires it. Where court proceedings or other reserved legal activities are required, we work alongside the regulated solicitors you instruct.

Early assessment Negotiation and mediation support Arbitration support within our permitted scope

Facing a commercial dispute?

If a contractual deadline, notice period or limitation date is approaching, mention it when you call.

Time limits can affect your ability to pursue a claim, and the applicable period depends on the nature of the claim and the contract. The courts' guidance also makes clear that pre-action procedures do not extend statutory limitation periods.

Speak to us today →

Commercial dispute legal advice before the dispute gets bigger

The first question is not always "How do we take this to court?"

It is usually:

What actually happened, what does the contract say, what evidence do we have, and what is the commercial value of taking the dispute further?

An early assessment can help you understand:

  • The contractual position
  • The evidence currently available
  • The strengths and weaknesses of the claim or defence
  • Relevant contractual deadlines
  • Potential financial exposure
  • Settlement options
  • The likely next steps
  • When specialist litigation advice is required

Deciding what to do next

The purpose is to give you a clearer basis for deciding what to do next.

Sometimes that means pursuing the claim. Sometimes it means negotiating a settlement. Sometimes the most commercially sensible decision is to stop.

Three green ribbons interlocking into a triangle on a near-black ground

Most disputes do not need every stage below. The appropriate route depends on the contract, evidence, value of the dispute and the position of the parties.

The commercial dispute resolution pathway

StageWhat happensOur role
01. Early assessmentFacts, contract, evidence, deadlines and commercial position are reviewedLead
02. Evidence and correspondenceDocuments are assembled and the position is put to the other sideLead
03. NegotiationSettlement discussions take place directly or through advisersLead
04. MediationA structured settlement process with an independent mediatorSupport and representation within our permitted scope
05. ArbitrationThe contractual arbitration process is commenced and managedArbitration support within our permitted scope
06. Court proceedingsLitigation and court advocacy are requiredHandover to regulated solicitors

The exact scope is agreed at the outset so you know which parts we handle and when another regulated provider needs to become involved.

What we help with

We work across two connected areas: commercial dispute resolution and arbitration support.

Commercial dispute resolution

  • Early assessment of commercial disputes
  • Contract dispute advice
  • Review of the relevant agreement and documents
  • Evidence gathering and document organisation
  • Assessment of commercial and legal risks
  • Pre-action correspondence
  • Negotiation with the other party
  • Settlement discussions
  • Mediation preparation and support
  • Settlement agreements and terms of compromise
  • Coordination with regulated litigation solicitors where required

Arbitration support

  • Reviewing the arbitration agreement
  • Identifying contractual pre-conditions
  • Reviewing commencement requirements
  • Preparing arbitration notices and supporting documents within the agreed scope
  • Ad hoc arbitration under the applicable statutory framework
  • Institutional arbitration under applicable rules, including ICC and LCIA matters
  • Arbitrator appointment and nomination procedures
  • Procedural timetable management
  • Preparation and organisation of evidence
  • Support through the arbitration process
  • Advice on the practical steps following an award

The applicable arbitration procedure depends on the agreement between the parties, the seat of the arbitration and any institutional rules incorporated into the contract. The Arbitration Act 1996 remains a principal statutory framework in England, Wales and Northern Ireland, with amendments introduced by the Arbitration Act 2025.

Commercial disputes we commonly help businesses assess

Contract disputes

A supplier has failed to perform, a customer disputes payment, or one party says the other has breached the agreement.

We review the contractual obligations, relevant correspondence and available evidence before helping you determine the practical options.

Unpaid invoices and payment disputes

A customer has not paid and normal credit control has stopped producing results.

The issue may be straightforward debt recovery, or it may involve a wider dispute about performance, quality, delivery or contractual obligations.

Supplier disputes

A supplier has stopped delivering, changed its terms, missed service levels or supplied goods or services that do not meet the agreed requirements.

We can help assess the contractual position and the options available before the relationship deteriorates further.

Shareholder and director disputes

A disagreement between shareholders or former directors can affect control, information, company assets, restrictive covenants and the future of the business.

The relevant shareholders' agreement, articles and other documents need to be considered together.

Transaction disputes

Disputes can arise after a business sale or acquisition over matters such as completion accounts, earn-outs, warranties, indemnities or other obligations under the transaction documents.

Early assessment can help establish the contractual position and commercial options.

Confidentiality and restrictive covenant disputes

A former employee, director or business partner may have taken confidential information, approached customers or acted contrary to contractual restrictions.

These matters can become urgent quickly, particularly when information or customer relationships are at immediate risk.

That is why the arbitration clause should be reviewed before anything is filed or served.

Arbitration when the contract requires it

Some commercial contracts provide for arbitration rather than court proceedings.

An arbitration clause can specify matters such as the applicable rules, the seat of arbitration, appointment of the tribunal and procedural requirements.

The first step is therefore to read the arbitration agreement carefully.

Before starting an arbitration

Arbitration clause
Establishes the contractual basis for arbitration
Pre-conditions
The contract may require negotiation, mediation or another step first
Time limits
Contractual and statutory deadlines may affect the claim
Applicable rules
ICC, LCIA or other rules can create specific procedural requirements
Seat of arbitration
The legal framework and court supervisory role can depend on the seat
Service requirements
The contract and applicable rules may specify how notices must be delivered
Tribunal appointment
The agreement and rules determine how arbitrators are appointed
Evidence
Key documents should be identified and preserved from the outset

The Arbitration Act 1996 contains specific provisions dealing with commencement of arbitral proceedings, appointment of arbitrators and other procedural matters.

Where arbitration can go wrong

The procedural requirements depend on the arbitration agreement and applicable rules, but common issues can include:

  • Starting the process before a contractual pre-condition has been completed
  • Missing a contractual deadline
  • Using the wrong commencement procedure
  • Serving documents incorrectly
  • Failing to follow the applicable institutional rules
  • Misunderstanding the arbitrator appointment procedure
  • Overlooking the significance of the arbitration seat
  • Failing to preserve or organise important evidence
  • Treating arbitration as automatically cheaper or faster than litigation

Negotiation and mediation

A commercial dispute does not always need a final winner and loser.

For many businesses, the preferred outcome is a settlement that protects cash flow, avoids unnecessary cost and allows the commercial relationship to continue.

We can help with:

  • Preparing the negotiation position
  • Identifying the strongest contractual points
  • Assessing settlement options
  • Drafting correspondence
  • Responding to the other side's position
  • Preparing for mediation
  • Supporting settlement discussions
  • Recording agreed terms

The objective

The objective is not simply to negotiate for the sake of negotiating. It is to understand your position and use that information to make commercially informed decisions.

When businesses tend to call

Supplier has stopped performing
Can we terminate and recover our losses?
Customer will not pay
Is this a payment issue or a wider contractual dispute?
Contract contains an arbitration clause
What must we do before starting arbitration?
Claim has been received
How strong is the claim and how should we respond?
Former director has taken clients or information
What contractual protections apply?
Earn-out is disputed
What does the transaction agreement actually require?
Warranty claim has been made
What does the warranty cover and what evidence supports it?
Negotiations have stalled
Is settlement still realistic and what should happen next?

These are examples of common commercial situations, not descriptions of specific client matters.

Evidence can change the dispute

Commercial disputes are often heavily dependent on documents.

Relevant material can include:

  • Contracts and amendments
  • Emails
  • Meeting records
  • Invoices
  • Purchase orders
  • Delivery records
  • Service reports
  • Board and shareholder records
  • Financial information
  • Customer correspondence
  • Internal policies
  • Messages and other business communications

We can help organise the evidence and identify the documents that matter to the issue being disputed.

A clear documentary record also helps when another solicitor, barrister or specialist litigation team needs to become involved.

When court proceedings become necessary

Adroit Legal Solutions is not a regulated law firm and does not conduct reserved legal activities such as litigation or exercising rights of audience in court.

The Legal Services Act 2007 restricts reserved legal activities to authorised or exempt persons.

That boundary is important.

If a dispute requires court proceedings or another activity outside our permitted scope, we will tell you and work alongside the regulated solicitors you appoint.

This means the work already completed on the commercial position, evidence and negotiation strategy can be handed over in an organised way.

Why we make the boundary clear

A business should know from the beginning who is handling each part of a dispute.

We do not present ourselves as a litigation firm when we are not one.

Our role is focused on:

  • Early assessment
  • Commercial strategy
  • Contract and document review
  • Evidence preparation
  • Correspondence
  • Negotiation
  • Mediation support
  • Arbitration support within our permitted scope
  • Coordination with regulated solicitors where required

This gives you a clear route from the first conversation through to the point where specialist litigation representation is needed.

Fees for commercial disputes

Disputes develop as information becomes available, so pricing is structured around the stage of work rather than attempting to predict the entire dispute from the first call.

Free 20-minute call
No charge and no obligation
Early assessment
Fixed fee, scoped before work begins
Evidence and correspondence
Scoped and priced according to the required work
Negotiation
Fixed or capped fee depending on scope
Mediation support
Scoped and priced in advance
Arbitration
Scoped in stages according to the procedure and work required
Ongoing support
Subscription legal services may be suitable for regular requirements

You are not committed to every stage from the outset. The next stage is discussed and agreed after the position has been assessed.

A practical approach to dispute resolution

The first objective is clarity.

You should understand:

What to establish

  1. What the contract says
  2. What the evidence supports
  3. What the other side is actually claiming
  4. What your realistic exposure or recovery may be
  5. What deadlines apply
  6. What settlement could look like
  7. What taking the matter further could involve

From there, you can decide how far to proceed.

Frequently asked questions

Can you represent us in court?

No. Adroit Legal Solutions does not conduct litigation or exercise rights of audience in court as a regulated provider. Where court proceedings are required, we can work alongside the regulated solicitors you appoint. The Legal Services Act 2007 identifies litigation and rights of audience among the reserved legal activities.

How quickly should I contact you about a dispute?

As soon as you become aware of a potential dispute, particularly if the contract contains a notice period or other deadline.

Contractual deadlines can operate alongside statutory limitation periods. The courts' guidance confirms that pre-action procedures do not change statutory limitation periods.

Is arbitration better than court?

There is no universal answer. The appropriate route depends on the contract, the arbitration agreement, the nature of the dispute, the parties and the circumstances.

Some contracts require arbitration, so the parties may not have a free choice of forum. Arbitration can also involve specific procedural and cost considerations that should be understood before proceedings begin.

Can you help us settle a dispute without going to court?

Yes. Early assessment, correspondence, negotiation and mediation can all form part of the dispute resolution process.

Can you help if we already have solicitors?

Yes. We can work alongside existing advisers where our role is useful, including commercial assessment, document review, evidence organisation, negotiation strategy or other work within our permitted scope.

What does an early dispute assessment include?

The scope depends on the matter, but it can include reviewing the relevant contract and documents, assessing the evidence, identifying important deadlines, considering the strengths and weaknesses of the position and discussing the available commercial options.

Can you handle an arbitration under ICC or LCIA rules?

We can provide arbitration support within our permitted scope. The exact work depends on the arbitration agreement, applicable institutional rules, seat and procedural requirements. Where regulated representation is required, we can coordinate with the appropriate regulated provider.

Talk through the dispute before deciding what to do next

If a commercial dispute has arisen, the first step is understanding your position.

Book a free 20-minute call to explain what has happened, what the contract says and any deadline you are concerned about.

Book a free 20-minute call →
Contents