Arbitration

Arbitration is a way of resolving a commercial dispute outside a courtroom, normally agreed in the contract before any disagreement arises. It matters particularly to business owners living abroad, because a mechanism agreed in advance saves a negotiation that would otherwise start from nothing after the dispute has begun.

What we handle

• Drafting the arbitration clause before signing, including its scope, procedure and language.
• Reviewing a clause proposed to you and explaining what it means in practice.
• Representing parties in arbitration proceedings and preparing the submissions.
• What follows from an arbitral decision.

Why the timing of the clause is everything

Before a disagreement, both sides want a fair mechanism, because either of them might need it. After one, agreeing the mechanism becomes part of the dispute. That is the whole story, and it is why we review this clause in every commercial contract we draft.

What we need to start

The contract or its draft, the nature of the business, and where the parties are resident — which affects how the clause should be worded.