Arbitration & Dispute Resolution
Often more reliable, cost-effective and a confidential option than litigation
In fact, for those engaging in international trade and commerce, ADR, comprises arbitration, mediation, and negotiation is often a more reliable, cost-effective and confidential option than litigation in event of a dispute. Arbitration is a flexible mechanism as the parties themselves shape the way procedures are conducted, decide the rules that will be applied and provides a neutral expert tribunal panel, with the added attraction of a global enforcement mechanism.
Taking a preemptive approach by way of inserting a well drafted arbitration clause might also result in the parties resuming their commercial relationship and continue forward to complete a project or transaction all the way to closure. Whereas litigation usually involves hostility and the relationship is irrevocably damaged beyond repair.
Get Your Arbitration Clause Right
At the same time, if an arbitration agreement is not formulated correctly, it is a potential pitfall that is equally capable of resulting in a very expensive mistake in the long run. Having recourse to arbitration can be a more party-friendly, cost-effective, and confidential option than litigation. Also, the parties themselves shape the way proceedings are conducted and decide the rules that the Tribunal will apply.
If an arbitration agreement is not formulated correctly, it is a potential pitfall that is equally capable of resulting in a very expensive mistake. We can assist you in addressing dispute resolution per-emotively in order to put you in the best possible position when a dispute actually arises. In this case, before making any commitment, we welcome you to no obligation initial consultation with one of expert advisors.
Contract Preparation :
- Review session to understand key business red lines and target counter-parties.
- Creation of contract appropriate to business area and legal framework.
- Built in escalation model of arbitration to include negotiation, mediation and then arbitration.
- Or a hybrid alternative dispute resolution clause such as med-arb.
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