Disputes are a fact of life in international commerce, but trying them in foreign courts – particularly in countries with evolving legal systems – is a risky and potentially expensive proposition. Arbitration, mediation and other forms of alternative dispute resolution (ADR) can offer a more timely, risk-controlled and cost-effective alternative to international litigation. Properly employed, arbitration and other forms of ADR can also help preserve important business relationships that may be sacrificed in the litigation process.
Properly structuring the dispute resolution mechanisms and clauses at the time of contracting can be crucial to the success of any subsequent litigation or arbitration and may also be instrumental in avoiding disputes all together. We view the design and drafting of such clauses as a central part of our role in advising our clients.
When disputes do arise, it is imperative to develop a coherent, integrated strategy to deal with all of the challenges posed. Our attorneys are experienced in all phases of dispute resolution and have handled a wide variety of cases before all of the major arbitral institutions and court proceedings world-wide. We know how to use ancillary proceedings to assist our clients, and how to enforce judgments/awards.
We have arbitrated and mediated disputes under the laws of many countries, including Argentina, Australia, Brazil, Canada, China, Colombia, Dubai, Egypt, England, France, India, Japan, Latvia, Mexico, Sweden, Tanzania, Vietnam and the U.S. Our attorneys deliver success for our clients throughout all of the major national and international arbitration centers and under the laws of many jurisdictions. From East to West, our collective experience includes cases before the China International Economic and Trade Arbitration Commission (CIETAC), Korean Commercial Arbitration Board (KCAB), Hong Kong International Arbitration Centre (HKIAC), Kuala Lumpur Regional Centre for Arbitration (KLRCA), the Singapore International Arbitration Centre (SIAC), the Arbitration Institute of the Stockholm Chamber of Commerce (SCC), Oslo Chamber of Commerce, various Swiss Chambers of Commerce, the International Chamber of Commerce (ICC) in Paris, the London Court of International Arbitration (LCIA) and the American Arbitration Association (AAA and ICDR).
We also advise clients in disputes involving governments and government agencies. Such disputes often arise under contracts and are resolved in accordance with the contractual dispute resolution provisions.