Singapore: A Dispute Resolution: Most in Demand Arbitrators Overview

Advantages of Using the English Bar Internationally, and Co-Counsel Arrangements with Local Law Firms

English law is dominant internationally

English law is one of the dominant forces in international commerce, due to its neutrality, fairness, certainty and extensive legal precedents. It is frequently selected for London-seated arbitration and international courts worldwide, including the Singapore International Commercial Court and Dubai International Financial Centre Courts.

Key selling points of the English Bar and how it differs from law firms

• Barristers called to the Bar of England and Wales are not just legal representatives, but rather strategic advisors who understand both the technical aspects of the relevant law and the international business environment that clients operate in. Senior barristers are also often highly sought after as international arbitrators.
• Barristers operate as individual practitioners rather than part of large corporate structures. This eliminates many of the overhead costs associated with law firms. Clients pay directly for the barrister’s expertise without subsidising firm infrastructure.
• Barristers typically charge fixed fees or hourly rates without the mark-up that law firms may add. There are no hidden costs for partner supervision, associate training, or firm profit margins that may be built into the law firm billing model.
• Barristers spend their entire careers specialising in specific areas of law. This deep specialisation means they can resolve some issues more quickly and accurately than generalist firm lawyers who may need research time or consultation with colleagues. They also make elite international arbitrators.
• Clients can directly instruct senior barristers including KCs, without going through multiple junior associates and paying for their learning curve, as often happens in law firms.
• Barristers can be instructed for specific tasks – reviewing a contract clause, attending a particular hearing, or providing specialist advice – without the minimum fee arrangements that some firms often require.
• For complex projects, multiple specialist barristers can be assembled for different aspects (construction law, public international law, environmental matters) rather than paying for a full-service firm’s coverage of all areas.
• Individual barristers are less likely to have the extensive client conflicts that large international law firms face when representing multiple parties.
• The barrister model essentially allows clients to buy expertise à la carte rather than paying for the full department store approach of large international law firms, making it particularly attractive for specific, technical legal challenges that clients may face in international markets.

Practice of co-counsel arrangements

A co-counsel relationship between English barristers and local law firms, for example, creates a powerful combination that leverages the unique strengths of both legal systems.

• Dual jurisdiction knowledge – Local law firms understand local regulations, labour laws, environmental requirements, and domestic compliance issues that clients must navigate. English barristers bring expertise in English law, which governs so many international construction contracts, and common law principles widely used in arbitration.
• Cost-effective resource allocation – Local firms handle routine legal work, contract administration, and local compliance at domestic rates, while English barristers are engaged only for high-value specialist work like international arbitration, complex contract negotiation, or English law interpretation.
• Local lawyers communicate directly with clients and understand business practices and decision-making processes. English barristers provide the international legal and commercial nuances gained from extensive experience advising on global disputes.
• This dual approach covers both domestic regulatory risks (handled by local counsel) and international contractual risks (managed by English barristers), providing comprehensive legal coverage.
• Local law firms maintain day-to-day client relationships and project management, while English barristers provide specialist input when needed. This creates continuity and efficiency in legal service delivery.
• Local firms handle local-language documentation and local filing requirements, while English barristers manage English-language contracts, international correspondence, and arbitration proceedings.
• The combination can offer clients sophisticated legal backing that combines local knowledge with international expertise, setting them apart from competitors who rely solely on domestic legal support.
• Having English barristers as co-counsel signals to international clients and partners that the clients have top-tier legal representation.
• Many international contracts specify London arbitration. Having established relationships with English barristers means clients are prepared for dispute resolution from inception.

This co-counsel model essentially creates a best-of-both-worlds scenario: local expertise and relationships combined with international legal sophistication, delivered in a cost-effective and culturally appropriate manner that serves clients’ expanding global ambitions.