Arbitration is a fast, efficient and confidential way to resolve a dispute. Based on the results of the consideration of the case, an arbitration award is issued, which can be enforced in 150 countries of the world.
International arbitration is non-state, commercial arbitration courts, specially designed to consider disputes between participants in international commercial transactions, the parties to which are persons of different nationalities. It is also a simple, understandable and quite popular system at the present time, which serves the interests of entrepreneurs operating around the world. At the same time, the system itself, despite the apparent complexity, is inherently quite simple. The parties in an international commercial contract have the right to provide for who and how will consider a potential dispute if they cannot come to a peaceful solution to the conflict.
The basis of the arbitration procedure for resolving disputes is the agreement of the parties to submit to arbitration disputes that have arisen or may arise between them in connection with any specific legal relationship. Such an agreement is briefly referred to as an “arbitration agreement” or “arbitration clause”.
The parties to arbitration have a great deal of procedural freedom. They may appoint arbitrators according to the nature of the dispute and the need for a particular legal specialization. The arbitrator, however, must at all times be impartial and independent.
Our specialists will develop and implement the following strategies and tools to protect the client:
Assessment of the perspective of the case, taking into account the possible positions of the parties
Finding and preparing evidence
Preparation of settlement agreements
Representing the interests of the Client in court in all instances, including all higher judicial instances
Enforcement proceedings
interim measures
Does arbitration have advantages over litigation?
Of course, arbitration has a number of advantages over litigation in a state court. First of all, it should be noted that dispute resolution is quick and simple compared to judicial review. Secondly, classical arbitration gives the parties the opportunity to choose an arbitrator, thus ensuring the independence of consideration and the competence of the arbitrator in considering a particular dispute. Thirdly, the arbitration proceedings are confidential, in contrast to the consideration in national
courts. Thus, a dispute between large public companies or facts examined by an arbitrator usually remains unknown to the general public, giving companies the opportunity to maintain trade secrets and avoid reputational risks.
