Barrister

Elizabeth Birch has practised as a barrister in commercial law since 1980. She acts as counsel in commercial court litigation and in arbitration.

As a specialist in arbitration, mediation, commercial and maritime law, Elizabeth handles disputes in the fields of banking, commodities, conflict of laws and disputes as to jurisdiction, injunctions (anti-suit injunctions, mareva injunctions etc), insurance (marine, non-marine and Lloyd’s Market), international sale of goods, joint ventures, oil and gas, transportation, shipping and all types of contractual and professional disputes. Elizabeth has been listed as a leader in the fields of Commercial Law and Alternative Dispute Resolution in the Chambers Directory (one of the leading legal directories providing editorial comment on the notable specialists at the Bar).

Called to Gray’s Inn in 1978, she practised at 20 Essex Street (formerly 3 Essex Court) from 1980 to 1998. She moved to 3 Verulam Buildings in August 1998. She was secretary to the Commercial Bar Association (COMBAR) from 1993 to 1996. Elizabeth is a supporting member of the London Maritime Arbitrators’ Association and also a member of the London Common Law and Commercial Bar Association (LCLCBA).

Reported cases include The "Kommunar" (Nos 1,2 &3) involving issues as to the effect of the Russian Privatisation Laws, The "Rama" an anti-suit injunction case, Baltic Shipping v Translink, a joint shipping venture case reported in relation to the granting of a world-wide mareva injunction, The "Golden Med" (Nos. 1 & 3) in which the claim was in restitution, Arctic Electronics v McGregor an important case on carriage of goods by road, Gill & Dufus v Berger and The Orient Prince international sale of goods cases (the former a leading House of Lords case) and Andreas Lemos a marine insurance case.

Arbitrator

Elizabeth receives appointments to sit as arbitrator in commercial and shipping disputes. She was appointed to the Panel of the Lloyd’s Arbitration Scheme in 1992 and has sat as arbitrator in a substantial number of the disputes concerning the Lloyd’s Market. Other appointments received, on an ad hoc basis from time to time, have been in the broader fields of general insurance, commercial and contractual disputes and in shipping disputes. Elizabeth is also a panel member of the FEPA Representations Committee (appointed to sit as chairman on appeals from the decisions of licensing authorities in relation to dumping at sea).

She is a Fellow of the Chartered Institute of Arbitrators (FCIarb), a chartered arbitrator, holds the Diploma in International Commercial Arbitration, and is on the London Maritime Arbitrators’ Association (LMAA) Panel of supporting members able to accept appointments.

The disputes which were referred to Elizabeth under the Lloyd’s Arbitration Scheme included portfolio management disputes, issues as to "baby" or parallel syndicates, the LMX Spiral and the very complex issues which arose out of the asbestos and pollution liabilities incurred in the United States. Some disputes also arose out of the terms of the negotiated Settlement Agreement.

The Founding Member and Director of ACI, Elizabeth has sought to introduce a new and innovative initiative giving businesses and the professions the opportunity to resolve their disputes by arbitration particularly in the banking, insurance and financial services sectors. This is a first both in providing arbitration by lawyer arbitrators and in making available a fixed fee scheme (in arbitration of its kind) allowing parties to know the cost of the arbitration at the outset. The scheme was set up in the wake of the Arbitration Act 1996 and provides modern arbitration, disposing of disputes more quickly than in the past, at a reasonable cost.

Mediator

Elizabeth was one of the earliest members of the commercial bar to qualify as a mediator. She qualified with CEDR and the British Academy of Experts in 1995, earning the qualification "QDR" (Qualified Dispute Resolver) and has conducted a substantial number of successful mediations in contractual and commercial disputes. She is elected to the Court of Appeal Panel of Mediators and the LMMA Panel of Mediators.

Under the chairmanship of Mr. Justice Coleman, Elizabeth sits on the Commercial Court working party that considers the role of ADR and Mediation in Commercial Court business. The working party was formative in producing the practice direction which now operates in the Commercial Court on ADR.

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3 Verulam Buildings
Gray's Inn
London WC1R 5NT

Telephone: +44 (0)20 7269 1169
Fax: +44 (0)20 7269 1186

E-mail: admin@aci-adr.com

Patron: Rt Hon The Lord Saville of Newdigate