INTERNATIONAL ARBITRATION
and other
Alternative Dispute Resolution Mechanisms
Agreements between parties in different countries, overseas projects or cross-border transactions involve the laws of at least two different jurisdictions. Complex disputes may arise out of these differences or because the parties are in the different countries.
A good lawyer anticipates these and other problems and seeks to resolve them by carefully drafting the underlying agreement. However, the lawyer must also take into account that disputes may nevertheless arise and, therefore, must include provisions in such agreements that allow such disputes to be resolved quickly, effectively and at least cost to the parties.
Judicial settlement of disputes between parties to an international agreement is usually complex, costly and time consuming. Non-judicial settlement of disputes by mediation and/or arbitration is generally quicker and often less costly.
Mediation under an international contract is sometimes overlooked. It is a simple and straightforward way to attempt to resolve a dispute. A mediation clause may be drafted that better facilitates amicable resolution of differences between parties, enabling parties to a transaction avoid resorting to a more formal means.
Our lawyers are well versed in drafting appropriate international arbitral and mediation clauses and in the procedures required to be followed. We recognize the pitfalls of international litigation and select alternative dispute resolution mechanisms, especially international arbitration, that will help the client resolve disputes expeditiously should they arise.
Often, a well-drafted arbitral clause may act as a deterrent to disputes arising, and may aid in the settlement of the dispute should a dispute arise. Similarly, a well drafted mediation provision may provide the means by which the need to resort to arbitration is obviated.
Arbitral clauses are drafted to benefit and protect clients in their international contracts. Clients are advised on arbitral and mediation procedures.As our client, you will receive a full range of international arbitral related services, including:
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Advise on application of alternative dispute resolution mechanisms, including mediation and arbitration. Advise on selection of appropriate arbitral processes and venues such as UNCITRAL, AAA, ICC, the London Court of International Arbitration, ICSID and others. |
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Review of proposed cross-border contracts or agreements to ensure inclusion of effective arbitral and/or mediation provisions and when necessary to draft and negotiate such provisions. |
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Advise on potential client exposure, client rights and obligations under existing international contract or agreement with or without an arbitral/mediation clause. |
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Drafting and negotiating special arbitral agreements to resolve impending disputes by arbitration instead of judicial means, even if the underlying agreement does not contain an arbitral clause. |
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Representing and guiding you through arbitral and/or mediation procedures and proceedings as counsel. |
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Representation and guidance in post -arbitration proceedings, including enforcement or vacating arbitral awards. |
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Designating a member of the firm as an arbitrator should a dispute arise under an international agreement, overseas project or cross-border transaction. |
